Raymundo

I am confused now. I was under the impression that any private citizen can make a "Citizen's arrest" . I found a few articles earlier ; a global definition -

" an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen. Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence."

When I looked at another Spanish web site I also read

"1. Arrest
An individual can be arrested either before a criminal proceeding is initiated, during prosecution or once it is completed.

1.1. How long may the arrest last?
The detained must either be released or brought before a Judge within 24 hours from the arrest.

If you are detained in custody you may be held in a police cell for up to 72 hours, then you must either be released or brought before a Judge.

1.2. Who may arrest the offender? under which circumstances?
A private citizen may arrest the offender:

•Should the offender intend to commit an offence.
•When the citizen sees suspicious activity, or knows that a crime is being committed.
•Where search order is issued against the defendant for contempt.
•Where the convicted is escaped from prison.
It is the police's duty to arrest the person who is under any of the circumstances described above.

The Spanish Constitution prohibits arbitrary arrest.

1.3. Your rights as a detained person
If you are detained, be aware that you must be informed in a language that you understand and in detail of the nature and cause of the accusation against you.

Your rights as a detained person are guaranteed under Article 17 of the Spanish Constitution:

•You have the right to remain silent and not plead guilty of the offence you are charged with.
•You may appoint a private Lawyer and have that Lawyer during questioning. If you do not appoint a lawyer or cannot afford him, one will be assigned by the court.
•An interpreter must assist you if you cannot understand or speak Spanish.
•You have the right to be examined by the Court Doctor.
•The Consulate office of your home country in Spain must be informed about your arrest.
The judge may determine in specific cases no communication with the detained person, and thus he cannot inform his family about his arrest, the Lawyer will be then assigned ex officio.

These are only general guidelines and not definitive statements of the law, all questions about the law's applications to individual cases shall be directed to a Spanish lawyer."


Under section 1.2 above then surely anyone, including a portero who is also a private citizen, who witnesses a crime being or about to be committed can hold someone until the police arrive ? Obviously you have to be very careful and not make arbitrary arrests or breach the rights of the offender, otherwise the private citizen could be arrested I understand.

Regards
Patrick O'Connell