Rights and Duties of a Witness in Spanish Legal Proceedings

This document outlines the obligations, rights, and potential liabilities that apply when acting as a witness in legal proceedings within the Spanish jurisdiction.Whether you are testifying in a criminal, civil, labour, or administrative case, these rules apply in accordance with Spanish procedural law.

1. Legal Obligation to Testify

Under Spanish law, individuals have a legal obligation to appear as a witness when summoned by a court or tribunal.- Article 410 LECrim: All persons residing in Spanish territory who are not legally exempt shall be obliged, when summoned, to appear in court and declare the truth about what they know regarding the facts under investigation.- Article 292 LEC: Similar obligations apply in civil proceedings. The failure to appear without justified reason can result in a fine or coercive measures.

2. Obligation to Tell the Truth (Perjury Prohibition)

- Article 433 LECrim: Witnesses must testify truthfully. Lying under oath constitutes a criminal offence.- Article 458 of the Spanish Penal Code: A witness who knowingly lies under oath in criminal proceedings may be sentenced to prison terms from 6 months to 2 years, or even up to 4 years in serious cases.Note: This also applies to written statements given under oath before judicial authorities.

3. Be Consistent With Previous Statements (If Applicable)

If you have previously given testimony—for example, during a police investigation or in a prior hearing—it is important to:- Review your prior statements beforehand, if available.- Maintain consistency between your earlier account and your current testimony.- If there are differences, explain the reasons clearly to the court to avoid suspicion of contradiction.

4. Right Against Self-Incrimination

- Article 24.2 of the Spanish Constitution: Every person has the right not to incriminate themselves. If your statement might place you at risk of criminal liability, you may refuse to answer certain questions or request legal protection.

5. Right to Be Treated With Dignity and Without Pressure

Witnesses must be treated respectfully and protected against coercion or manipulation.- Article 416 LECrim: Lists relatives of the accused who are exempt from testifying to preserve family ties.

6. Witness Statement Protocol

- Your identity must be verified before testifying.- You will be asked to take an oath or promise to tell the truth.- Your statement will be formally recorded.- You may be asked questions by the judge, prosecutor, and lawyers from both sides.

7. Penalties for Non-Compliance

Refusing to appear, failing to answer truthfully, or attempting to mislead the court may lead to:- Fines or sanctions.- Criminal liability under the Penal Code.- Civil or criminal consequences if your testimony causes harm or misleads the court.

8. Specific Cases: Protected or Vulnerable Witnesses

Spanish law provides special measures for witnesses in sensitive cases (e.g., gender violence, minors, organized crime):- Anonymity or voice/image distortion.- Testimony via video conference.- Psychological or legal support during questioning.

Final Advice for Clients

- Prepare calmly and focus only on what you know directly.- Be honest and consistent with previous declarations.- Seek legal guidance if unsure or uncomfortable.- Don’t rehearse or coordinate your statement with others.- Stay calm, respectful, and professional throughout the proceeding.