DO I APPEAR GUILTY IF I DO NOT TESTIFY BEFORE THE POLICE OR THE JUDGE?

It is very common for our clients to ask themselves: DO I LOOK GUILTY IF I DO NOT TESTIFY BEFORE THE POLICE OR THE JUDGE?

But it is important to respond with all the information to this disturbing question.

As lawyers we can ensure that, first of all, testifying is only a right that the detainee or investigated has and that making use of it does not make him "appear more guilty" or that he has something to hide. Unfortunately, television talk shows and detective movies can make you think that you are in a very serious situation and that your only way out is to talk.

This right is contained no less than in the Spanish Constitution article 24.2:

“Furthermore, everyone has the right to the ordinary judge predetermined by law, to defense and to the assistance of a lawyer, to be informed of the accusation made against them, to a public trial without undue delay and with all the guarantees, to use the evidence pertinent to their defense, not to testify against themselves, not to confess guilt, and to the presumption of innocence.”

On the other hand, it can be seen in the Law of Criminal Procedure, in its articles 118.1 (for those under investigation) and in article 520.2 (detainees and prisoners).

“Right to remain silent and not to give a statement if you do not wish to do so, and not to answer one or more of the questions put to you” (art. 118 LECrim)

“A) The right to remain silent by not testifying if he does not want to, not to answer one or more of the questions put to him, or to state that he will only testify before the judge. b) The right not to testify against oneself and not to confess guilt.” (art. 520.2 LECrim.)

It is crucial that you know that not only because you have that right, sometimes it may be better not to declare. There are a series of circumstances that are important so that your lawyer in Torrevieja can defend your innocence more solidly, and therefore declaring before time can harm you.

What should I tell the police then?

It is another frequent doubt that arises when a client is detained or being interrogated at the police headquarters (the Civil Guard barracks) and does not know how he should act. We advise that you do not get carried away by the worries of the moment and the feeling of discomfort that you may have at having been suddenly deprived of your liberty or having been called to testify. You must understand that whatever the matter may be, it is better that you discuss your situation with a lawyer in private (another of your inalienable rights), and then know for sure what should be done on the advice of the professional. The lawyer, not only because of his knowledge of the law, but also because of his experience in the proceedings, can give you very clear guidelines for action as well as give you the peace of mind you need in such a bitter and unpleasant moment.

If I don't tell my version, will I never be able to explain myself?

The law has already provided that both due to the unfortunate advice of those who interrogate the detainee and for legal certainty, it is better to give the person under investigation many opportunities to speak. That is why we assure you that when your defense, your lawyer, deems it appropriate, you can speak to the judge and tell your truth. You will always have this opportunity, even when you are in a criminal trial, at the last moment, the law says that the accused has the right to the last word, and that is when you can also tell your version of the facts directly to the judge who will decide on Your case.

Art. 739 Law of Criminal Procedure:

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Once the accusation and the defense are over, the President will ask the defendants if they have anything to say to the Court.

Whoever answers affirmatively will be granted the floor.

The President will take care that the defendants, when using it, do not offend morals or disrespect due to the Court or the considerations corresponding to all people, and that they stick to what is pertinent, withdrawing the floor if necessary.

If you want a trusted lawyer like Audacia Abogados to deal with your criminal case, call us and we will give you a quick and easy solution.