Criminal Defence · Spain
Find a trusted theft lawyer in Spain for your case
Theft, robbery and misappropriation are dealt with under the Spanish Criminal Code, and what happens in the first weeks often shapes the rest of the file. Tell us what has happened and we connect you with a Spanish criminal lawyer who handles theft proceedings before the Investigating and Criminal Courts.
- Criminal defence lawyers across Spain’s main cities
- Free, no-obligation matching, usually within 24–48 hours
- Documents and procedure explained in plain English
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Why this page
How a theft lawyer in Spain can help you
Being accused of theft, or having your property stolen, is stressful, and the Spanish criminal process has its own rhythm, vocabulary and court structure. A theft lawyer in Spain can clarify where your case stands, which investigating court is dealing with it and what the next procedural step is likely to be. On this page we describe how criminal proceedings are organised in Spain, who is entitled to practise as an abogado, and how fees and legal aid work in criminal matters. We do not give legal advice. We listen to your situation and match you, free of charge, with a Spanish criminal lawyer who regularly handles theft, robbery and misappropriation files.
Spain in practice
Theft cases inside the Spanish criminal justice system
Spain follows the continental civil-law model, so criminal procedure rests on the Criminal Code and the Criminal Procedure Act rather than on judicial precedent. A theft file normally begins before an Investigating Court and may end before a Criminal Court, with appeals heard by the Provincial Court. Knowing that structure helps you follow what is happening in your own case.
Courts that deal with theft allegations
At first instance, criminal cases in Spain are handled by the Juzgados de Instrucción, which direct the investigation, and by the Juzgados de lo Penal, which try less serious offences. Appeals (apelación) against their judgments go to the Provincial Court (Audiencia Provincial). The Supreme Court’s Criminal Chamber hears cassation and unifies the interpretation of the law.
Who is allowed to represent you
Only lawyers registered with a Colegio de la Abogacía may practise in Spain, and that membership is compulsory. Joining the Colegio of the practitioner’s sole or principal professional domicile is enough to act throughout the national territory. In criminal proceedings the defendant must be assisted by a lawyer, and legal assistance is constitutionally guaranteed.
What criminal proceedings cost
The criminal order is not subject to the tasa judicial court fee, so no fee is charged for exercising criminal jurisdiction. Lawyers’ fees are freely agreed between lawyer and client, as there are no binding official tariffs, although bar associations publish non-binding guideline criteria. A losing party may be ordered to pay costs in certain situations.
Free legal aid in criminal cases
Free legal aid (asistencia jurídica gratuita), regulated by Law 1/1996, guarantees a lawyer, a procurador, experts and exemption from procedural costs for people lacking sufficient means. Eligibility is linked to the IPREM public income indicator — generally twice the IPREM, raised for households with dependent family members. Applications are filed with the Bar Association of the competent court.
How a theft file usually starts
A theft report commonly begins with a denuncia or a querella before the Investigating Court, which then directs the investigation. The Spanish Constitution of 1978 establishes the unity of judicial power, so there is a single ordinary judiciary rather than separate criminal court systems. Proceedings are conducted in Spanish, with co-official regional languages also used in some territories.
Why deadlines must be checked case by case
Spanish law sets specific periods for many claims outside criminal law — for instance 20 working days to challenge a dismissal and five years for general contractual debt recovery. Because limitation periods and procedural deadlines depend on the individual file, your lawyer must confirm which ones apply to you instead of relying on a general rule.
All country data on this page is taken from official Spanish and European sources — the European e-Justice Portal, the Boletín Oficial del Estado and the Consejo General de la Abogacía Española — as published on the portals listed above.
- European e-Justice Portal — National justice systems: Spain
- Estatuto General de la Abogacía Española (Royal Decree 135/2021)
- Law 1/1996 on free legal aid
- Civil Code — Spanish official gazette (BOE)
- Law 36/2011 on the social jurisdiction — dismissal deadline
- Law 58/2003 on administrative procedure — time limits
- Inheritance and Gift Tax Law — filing period
Common concerns
What worries clients most about theft cases in Spain
These are the questions people bring to us before they speak to a lawyer. Recognising them is often the first step towards a calmer, better-prepared case.
You do not know what happens next
A denuncia, an atestado or a court summons arrives and the Spanish terminology is unfamiliar. Without a lawyer who knows the Investigating Court, routine procedural steps can feel like major obstacles.
Language and distance
If you live abroad or do not speak Spanish, following a criminal file from another country is difficult. You need someone who can attend court in Spain, explain documents and keep you informed in plain language.
Uncertainty about cost
Criminal proceedings are not subject to the court fee that applies in civil and contentious-administrative cases, but lawyers’ fees are freely agreed. Knowing this in advance makes it easier to plan and to ask the right questions.
How we help
Matching you with the right criminal lawyer
We are not a law firm and we do not give legal advice. Our role is to shorten the search: you explain the situation once, and we connect you with a lawyer whose practice fits it.
Specialists in Spanish criminal law
We work with lawyers who belong to a Spanish Colegio de la Abogacía and handle theft, robbery and misappropriation files before the Investigating and Criminal Courts.
Free, no-obligation matching
You describe your case once. We compare it with the practices in our network and connect you with the lawyer whose experience fits, at no cost to you and with no commitment.
Clear communication
Your lawyer can explain the stages of the Spanish procedure, what a denuncia or querella means and what is expected from you, in English or in another language you use.
Guidance on legal aid questions
If your household income is limited, your lawyer can explain how asistencia jurídica gratuita works in Spain and where the application is filed.
Also available in
European countries covered by our network
Our matching service covers Spain and other European jurisdictions where you may need local counsel, whether the case is cross-border or purely domestic.
Questions and answers
Frequently asked questions about theft cases in Spain
How do I find a theft lawyer in Spain?
Tell us briefly what happened, where in Spain the case is being handled and any court or police reference you hold. We then match you with a criminal lawyer from our network who deals with theft cases, and first contact usually takes place within 24 to 48 hours.
Do I need a lawyer for a criminal case in Spain?
Yes. In criminal proceedings in Spain the defendant must be assisted by a lawyer, and legal assistance is constitutionally guaranteed. Only practitioners registered with a Colegio de la Abogacía may act, and membership of one Colegio is sufficient to practise throughout the national territory.
Which Spanish court will deal with a theft case?
Investigating Courts (Juzgados de Instrucción) direct the investigation, while Criminal Courts (Juzgados de lo Penal) try less serious offences. Appeals go to the Provincial Court (Audiencia Provincial), and the Supreme Court’s Criminal Chamber hears cassation, unifying the interpretation of the law.
Is there a court fee for criminal proceedings in Spain?
No. The tasa judicial applies to the civil and contentious-administrative orders and is owed only by legal persons, while natural persons are exempt; the criminal and labour orders are not subject to the fee. Lawyers’ fees, by contrast, are freely agreed between lawyer and client.
Can I get free legal aid in Spain?
Free legal aid under Law 1/1996 guarantees a lawyer, a procurador, experts and exemption from procedural costs for people without sufficient means. Eligibility is linked to the IPREM indicator — generally twice the IPREM, higher for applicants with dependent family members. Applications are filed with the Bar Association of the competent court.
How long do I have to report a theft or bring a claim in Spain?
Time limits depend on the type of case, so a lawyer must confirm the one that applies to you. Spanish law does set general periods in other areas — for example 20 working days to challenge a dismissal and five years for general contractual debt recovery.
Next step
Speak to a theft lawyer in Spain
Describe your situation in a few lines: where in Spain the case is being handled, what stage it has reached and what you need. We will match you with a criminal lawyer who handles theft cases, free of charge and with no obligation.