EBAN Abogados provides criminal defence and legal assistance from its Madrid office in proceedings before courts throughout Spain.
Our criminal practice in Madrid is not limited to cases arising within the city itself. From this office we conduct criminal defences in different parts of Spain, act in complex proceedings and also assist clients who come to us after a final judgment has already been handed down and the legal issue has moved from criminal proceedings to prison law.
We defend persons under investigation or facing criminal charges and also act on behalf of victims and injured parties through private prosecution.
Experience on both sides of criminal proceedings allows us to approach each case from a broader perspective: what conduct is being attributed to the client, what evidence actually exists, what may be obtained through further investigative measures and, above all, which actions may improve the client’s position and which may ultimately make it worse.
More information about our general practice is available on our Criminal Law page.
Criminal defence from Madrid in proceedings throughout Spain
Having an office in Madrid does not mean that our criminal practice is territorially limited to courts within the Madrid region.
We act in criminal proceedings in different parts of Spain where the nature of the case, its complexity or the client’s circumstances justify conducting the defence from Madrid.
In many proceedings, a substantial part of the work involves reviewing the case file, analysing documents, preparing statements, drafting submissions and appeals, and coordinating with court representatives and other professionals involved in the relevant judicial district.
Criminal defence strategy must adapt to the court dealing with the proceedings, the procedural stage and the actual state of the evidence.
A newly opened investigation cannot be defended in the same way as a case that has already accumulated several years of investigative proceedings. Nor does a straightforward individual case require the same approach as a large-scale proceeding involving numerous defendants, prosecutors, expert reports and extensive financial documentation.
Defence and private prosecution: two perspectives on criminal proceedings
At EBAN Abogados we act both in defence and on behalf of victims through private prosecution.
For a person under investigation, the central issue is usually to determine exactly what conduct is being attributed to them, what evidence links them to it and how the proceedings may reasonably develop.
For a victim, it may instead be necessary to request particular investigative measures, provide documents, identify evidence or claim compensation arising from the offence.
Working from both perspectives also helps us understand how the other side may interpret each procedural decision.
An effective defence must anticipate what a prosecution may do. A properly constructed private prosecution must likewise anticipate which weaknesses the defence is likely to challenge.
Complex proceedings, the National Court and peripheral involvement
Some criminal proceedings present a level of complexity very different from that found in an individual case.
We have acted in financial crime proceedings and large-scale cases before Spain’s National Court in which numerous individuals, companies, financial transactions and investigative lines may appear simultaneously.
In this context, a situation may arise that we sometimes describe, in practical terms, as peripheral or derivative involvement.
An investigation may begin around certain central individuals or transactions and, as it develops, incorporate other people whose connection with the core of the case is much more limited.
The fact that a person appears within a large criminal investigation does not necessarily mean that their role has the same significance as that of those who occupy a central position.
For that reason, one of the first tasks is to identify the client’s individual position within the broader structure of the proceedings.
Effective criminal defence does not always need to be aggressive
In complex proceedings, we do not necessarily consider it appropriate to respond to every development with a new procedural initiative.
An excessively expansive defence during the investigative stage may cause initially secondary issues to receive attention that they did not previously have.
One submission may generate responses from several prosecuting parties. One request may open new investigative lines. An argument raised too early may allow evidence that was initially weak to be reinforced later.
This does not mean remaining passive.
It means deciding what action should be taken, at what moment and for what purpose.
In some cases, the strategy may involve avoiding unnecessary procedural prominence for allegations that were initially peripheral.
In other proceedings, it may be essential to request evidence, challenge decisions or actively contest the prosecution’s case.
The intensity of the defence should reflect a strategy rather than a need to create procedural activity for its own sake.
Investigation, intermediate stage and trial
Each stage of criminal proceedings raises different problems.
During the investigative stage, it is essential to determine what is actually being investigated and which evidential elements are being incorporated into the case.
The intermediate stage requires an assessment of whether there is sufficient basis for trial, how the prosecution case has been constructed and what specific allegations are intended to be brought before the trial court.
Once the case reaches trial, preparation changes again: examination of defendants, witnesses, expert evidence, documentation, inconsistencies between statements and the construction of an account compatible with the evidence actually presented.
A defence team that has participated throughout the proceedings will normally have a particularly useful historical understanding of how the investigation developed.
Changing lawyers in a complex criminal case
A person is entitled to choose their lawyer and may consider changing legal representation during criminal proceedings.
In a particularly complex case, however, formally accepting the appointment is not enough.
Before taking over an advanced defence, we assess the volume of the proceedings, the number of investigative steps already completed, the procedural stage and the actual time available before the next significant hearing or procedural deadline.
A case may contain thousands of pages, recordings, witness statements, police reports, expert evidence, banking records or intercepted communications.
Taking over such a case only a few weeks before an important hearing or trial may make it materially impossible to understand the proceedings with the necessary depth.
For that reason, there are situations in which we consider it more responsible not to accept a late substitution where the state of the case does not allow adequate preparation.
Criminal defence is not simply a matter of appearing in court. It requires sufficient time to understand what has happened throughout the proceedings.
Sexual offences
From our Madrid office we have acted in proceedings involving serious sexual offences and substantial potential sentences.
In some cases, the alleged events do not involve strangers and do not fit the conventional image of an assault occurring in a public place.
They may arise within sentimental, family, social or pre-existing personal relationships.
This can make reconstruction of the facts particularly complex.
The existence of a previous relationship between the parties does not amount to consent to a later sexual act. At the same time, the proceedings must analyse the specific incident forming the subject of the accusation and the evidence available in relation to that event.
Statements, communications before and after the alleged incident, messages, witnesses, medical reports, subsequent conduct and other evidential circumstances may become highly relevant.
Sexual relations involving minors and the legal significance of consent
Some proceedings become particularly complex where minors are involved.
Spanish criminal law provides particularly strong protection for persons under the age of sixteen, and consent expressed by a minor does not necessarily have the same legal effect as consent given by an adult.
There are also specific legal rules requiring an assessment of the particular circumstances, including, in certain situations, the proximity of the individuals in age and in their degree of development or maturity.
This can create situations in which the way the individuals themselves perceived their relationship does not necessarily coincide with its legal classification under Spanish criminal law.
The issue may be especially relevant where one of the persons comes from another country and is unfamiliar with Spanish rules concerning age, consent and the criminal protection of minors.
Lack of knowledge of the law does not automatically resolve the criminal issue, but circumstances concerning knowledge of age, the relationship between the parties and the context in which the events occurred may require specific legal analysis.
Privacy, hidden cameras and recordings
We have also acted in proceedings involving devices installed to capture images in places where individuals have a particularly strong expectation of privacy.
The existence of a camera or recording device requires a technical assessment of what the device was actually capable of doing and what it did in the particular case.
Installing a device that records and stores images is not the same as finding equipment where no recording can ultimately be proved to exist.
It may also be necessary to establish whether data was transmitted, whether information was stored locally or remotely, whether anyone later accessed the images and what can be established through forensic examination of the device.
In these proceedings, technical evidence may be just as important as witness statements.
Unauthorised access, privacy and disclosure of confidential information
Offences involving privacy are not limited to images of a sexual nature.
Criminal proceedings may arise from access to conversations, devices, accounts, files or private communications.
In some cases, information obtained in this way is later used within an employment, relationship or financial dispute.
This requires two separate questions to be analysed: how the information was obtained and what was subsequently done with it.
The fact that a conversation is genuine does not necessarily mean that access to it or its subsequent use was lawful.
It is therefore important to examine the origin of the information, who was authorised to access it, the device involved and the subsequent use made of the data.
Social media, photographs and images shared without consent
An increasing number of criminal disputes arise from electronic communications and social media.
Photographs, videos, private conversations and other material initially shared within a particular context may later be distributed to third parties or published online.
In these cases, it is necessary to determine how the material was obtained, what use had originally been authorised, who distributed it and how far its digital path can be technically reconstructed.
A screenshot may be relevant, but it does not always establish by itself the origin, authenticity or complete context of a communication.
Digital evidence should therefore preserve and analyse as many traceability elements as possible.
Defamation, insults and reputational conflicts
Not every offensive statement gives rise to criminal liability.
In proceedings concerning defamatory allegations, insults or other conduct affecting reputation, it is necessary to analyse precisely what was said, in what context, to whom it was communicated and how widely it was distributed.
Social media has significantly increased the ability of a statement to reach third parties and remain accessible for long periods.
At the same time, the fact that a statement is unpleasant, offensive or unfair does not automatically mean that a criminal offence has been committed.
The analysis must focus on the actual content, its context and the legal requirements of the relevant offence.
Coercion and taking the law into one’s own hands
Some disputes begin as civil matters and acquire criminal significance because of the methods used to resolve them.
This may occur in disputes involving homes, debts, possession of assets or attempts to recover particular premises.
A person may believe that they are entitled to recover a property or demand a particular course of action and yet use methods that raise criminal law concerns.
The analysis cannot therefore be limited to deciding who was right in the underlying dispute.
It is also necessary to examine how each party attempted to exercise the right they claimed and whether threats, restrictions on freedom, lock changes, removal of belongings, personal pressure or other legally relevant acts occurred.
These issues may become particularly complex where private companies involved in recovering possession of properties operate close to the boundary between legitimate negotiation pressure and conduct potentially capable of constituting criminal coercion.
Harassment and conflicts arising in the workplace
A deteriorating employment relationship may result in proceedings before the employment courts while simultaneously generating conduct that one of the parties considers criminally relevant.
Repeated conduct, pressure, access to communications, threats or actions following termination of employment may create this dual dimension.
In such situations, coordination between different legal strategies becomes especially important.
An agreement reached in employment proceedings may affect the criminal dispute. Likewise, statements made in criminal proceedings may later influence an employment claim.
Not every form of pressure or workplace conflict constitutes a criminal offence. But the existence of an employment relationship does not prevent particular conduct from acquiring criminal relevance.
Professional, educational and employment relationships involving positions of influence
Some proceedings arise from relationships that are neither purely personal nor purely professional.
There may be an educational, professional, business or economically dependent relationship in which one person holds a position of authority or influence over another.
In certain investigations, it is necessary to determine whether that position played any role in the conduct subsequently reported.
The existence of a hierarchical difference is not enough by itself.
The real functioning of the relationship must be reconstructed: what decision-making capacity each person had and whether the existing position was used in a legally relevant way.
Prostitution, intermediary structures and complex financial relationships
We have also dealt with matters involving prostitution and business or intermediary structures whose apparent activity may differ from their actual operation.
Some cases involve escort agencies, staffing structures, event services or similar activities whose real operation may be broader than initially presented.
Where a criminal investigation arises, it becomes necessary to determine the actual activity carried out, the relationship between the persons involved, how payments were organised and whether there was pressure, exploitation or abuse of vulnerability.
Questions may also arise concerning property owners, tenants or third parties who make premises or residential properties available for activities subsequently investigated.
The existence of a financial relationship alone does not determine criminal responsibility. It is necessary to analyse what each person knew, what role they actually played and what benefit they obtained from the activity under investigation.
Fraud and online offences
Fraud proceedings form a significant part of our criminal practice.
The Internet also allows the same conduct to be repeated against multiple individuals in different parts of Spain.
A seller may advertise goods on an online platform, receive payment and then fail to send the product. Where several injured parties appear, what initially seemed to be an isolated dispute may develop into an investigation involving multiple transactions.
These proceedings require each transaction to be analysed individually while also determining whether a common pattern exists.
Messages with purchasers, advertisements, receiving bank accounts, transfers and platform activity may all become relevant evidence.
Money mules and the use of third-party bank accounts
Another recurring problem arises where a person allows their bank account to be used to receive or transfer money belonging to third parties.
The account holder may initially believe that they are simply helping a friend, assisting an acquaintance or participating in an apparently legitimate transaction.
The problem arises when the account is used to receive proceeds from fraud.
In many digital fraud investigations, the receiving bank account is one of the first identifiable elements available to investigators.
As a result, the account holder may become involved in criminal proceedings even where they did not participate in the original deception.
The defence must determine what the person actually knew, what explanation they were given for using the account, what they subsequently did with the money and whether they received any payment or benefit.
Romance fraud and transfers of assets within relationships
Sentimental relationships may also generate significant financial disputes.
A person may make transfers, assume expenses, provide money, transfer assets or place property in their partner’s name.
When the relationship ends, allegations may arise that the relationship was from the outset part of a strategy designed to obtain the other person’s assets.
But the breakdown of a relationship does not automatically transform every financial transfer made during that relationship into fraud.
It is necessary to determine the legal and factual basis of each transfer, what explanations were given, whether any deception preceded the disposal of assets and what can actually be proved about the intention existing at that time.
The distinction between a gift, a loan, an ordinary financial arrangement within a couple and genuine fraud often requires a detailed reconstruction of both the relationship and the financial documentation.
Theft, burglary and property offences
We also act in proceedings involving theft, burglary and other property offences.
The legal classification depends on how the events occurred, the value of the property, whether force was used against property, whether violence or intimidation was involved and the other relevant circumstances.
In some cases, the dispute is not only whether a particular item disappeared but also who had access to it, what relationship existed between the individuals involved and whether the alleged taking can actually be attributed to the accused.
Unlawful entry into homes and professional premises
Disputes concerning entry into or remaining in property may involve both private homes and premises used by businesses or professionals.
Not all situations have the same legal character.
It is necessary to determine what type of space was involved, who used it, what permission originally existed to enter and what happened after that permission was withdrawn.
The situation may become particularly complex where there was a previous relationship between the parties: former business partners, employees, couples, relatives or individuals who previously had legitimate access to the premises.
The existence of an underlying civil or employment dispute does not necessarily prevent later conduct from acquiring criminal significance.
Drug offences
We also act in proceedings involving controlled substances.
The quantity seized is relevant, but it is rarely the only factor requiring analysis.
The nature of the substance, how it was divided or packaged, the existence of money, scales, communications, movements of individuals or other surrounding circumstances may be used to assess whether the facts are consistent with personal consumption or possible distribution to others.
The defence must consider these indications together and determine what conclusions can genuinely be drawn from each of them.
Road traffic offences
Road traffic offences also form part of our criminal practice.
We handle, among other matters, proceedings involving driving without a licence in the circumstances specifically criminalised by Spanish law.
Where foreign nationals are involved, it may be particularly important to determine the exact legal status of a licence issued in another country.
The fact that a foreign driving licence does not provide administrative authorisation to drive in Spain does not necessarily mean, by itself, that a criminal offence has been committed.
It is necessary to establish what licence existed, who issued it, the driver’s administrative status and whether the circumstances genuinely fall within one of the situations contemplated by Spanish criminal law.
After final judgment: prison law
Our criminal practice does not necessarily end when a final judgment is handed down.
We also assist individuals who come to the firm when they are already serving a custodial sentence.
At that point, the legal problem changes completely.
The existence of the offence and the criminal responsibility established by the judgment are no longer normally in dispute.
The focus becomes the way in which the sentence is being served, the prisoner’s progress and the possibilities of gradually obtaining greater levels of autonomy within the legal framework.
Prison classification and progression
Prison classification determines an important part of the conditions under which a custodial sentence is served.
The prisoner’s progress, participation in activities, conduct, acceptance of responsibility where relevant, payment of compensation, family environment, employment prospects and other circumstances may be taken into consideration during classification and review.
Our role is to examine the individual’s circumstances and determine whether sufficient grounds exist to request a review or challenge a classification that appears inappropriate.
The objective is not to file automatic appeals.
It is to prevent favourable prison progress from failing to produce appropriate legal consequences where there are grounds for seeking progression.
Prison leave and temporary release
Prison leave is another important part of progression during the execution of a custodial sentence.
A refusal must be assessed in light of its specific reasons and the prisoner’s individual circumstances.
Not every refusal justifies an appeal, and not every appeal has the same prospects.
But where favourable factors have not been sufficiently considered, requesting judicial review may be appropriate.
Continuity of strategy is also important.
Prison progression develops over time, and circumstances that initially prevent leave may subsequently change.
Treatment Boards, prison authorities and judicial review
Many important decisions concerning a prisoner’s situation originate within the prison administration and its treatment bodies.
Where necessary, it may be appropriate to request a formal decision and subsequently use the available review and appeal mechanisms.
Prison decisions may ultimately be subject to review by the competent Prison Supervision Section of the relevant Tribunal de Instancia and, where legally applicable, by the Provincial Court.
The appropriate approach depends on the type of decision, the competent authority and the appeal route available in each case.
A more active approach in prison law
Our approach in prison law may be more active than the one we consider appropriate during certain complex criminal investigations.
The reason is different.
The client is already deprived of liberty, and the passage of time is directly part of the problem.
The prisoner needs to know what has been requested, what decision has been made, what can be challenged and what the next step may be.
This does not mean appealing every decision automatically.
It means maintaining clear traceability of the prisoner’s progression and using the available legal mechanisms where there are proper grounds to do so.
A defence may be deliberately restrained during a complex investigation in order to avoid unnecessary procedural exposure and, at the same time, become particularly active once the client is serving a sentence and needs their prison progression to be properly assessed.
Criminal law, prison law, immigration, family and employment
Criminal proceedings do not always exist in isolation.
A conviction may affect immigration status. Violence proceedings may later affect family relationships and contact with children. An employment dispute may simultaneously produce criminal proceedings. A dispute over property may move from the civil courts into the criminal sphere.
Where necessary, we therefore coordinate criminal defence with the firm’s other practice areas.
This broader perspective becomes particularly important where a decision taken to resolve the immediate criminal problem may produce later consequences that the client had not initially considered.
Choosing a strategy before multiplying procedural actions
Criminal defence should not be measured by the number of submissions filed, appeals brought or procedural incidents raised.
Some cases require intensive litigation.
In others, the better decision may be to wait for particular evidence, avoid drawing unnecessary attention to a secondary issue or reserve an argument for the procedural stage at which it can have the greatest effect.
The relevant question is not only what can be done.
The more important question is what should be done in order to improve the client’s particular position.
That answer changes according to the proceedings, the available evidence and the procedural stage.
Criminal lawyers with an office in Madrid
From Madrid we handle proceedings within the city and also assume criminal defences before courts in other parts of Spain where the nature of the matter allows legal representation to be organised from Madrid.
Our involvement may begin with the first investigative steps, during the investigation, at the intermediate stage or at trial.
It may also begin after a final judgment where the client’s legal problem already concerns the execution of the sentence and prison progression.
Contact us about your case
If you are under investigation or facing criminal charges, have been the victim of an offence, require a second assessment of criminal proceedings or are serving a custodial sentence and need advice regarding your prison situation, you may contact our team.
In advanced or particularly complex proceedings, we will also assess whether there is materially sufficient time to study the case and take over the defence responsibly.
Before deciding on a strategy, we will try to answer three basic questions: what the real legal problem is, what can be proved and which course of action may genuinely improve the client’s position.
EBAN Abogados · Criminal Defence and Prison Law from Madrid
