Illegal Detention and Kidnapping Lawyer in Madrid
The offence of illegal detention carries heavy prison sentences, and when the deprivation of liberty comes with a demand to release the person it becomes kidnapping, the most serious form. If you are being investigated for holding, confining or kidnapping someone, you need a criminal defense lawyer who acts fast. We are criminal defense lawyers in Madrid specializing in illegal detention and kidnapping, and we defend anyone facing an offence against personal liberty, available 24 hours a day.
Criminal defense lawyer expert in illegal detention and kidnapping in Madrid, available 24 hours
Illegal detention arises in very different situations: a conflict that spirals out of control and ends with someone confined, an argument between partners, someone being held inside a company, or a demand for money in exchange for releasing a person. All of them share the same criminal core, depriving someone of their liberty without any right to do so, but each requires a different defense and the penalties vary greatly from one to another. That’s why you need an illegal detention lawyer in Madrid from the very first moment.
Forms of illegal detention and kidnapping we defend as lawyers in Madrid
The Criminal Code groups together several ways of depriving someone of their liberty, with very different penalties. These are the ones we defend.
Illegal detention by a private individual
Confining or holding someone against their will, even for a brief period. The duration and circumstances determine the sentence.
Kidnapping with a condition or ransom
When the deprivation of liberty comes with a demand to release the person (a ransom, an action, or a decision). The most serious form, and the one most at stake at trial.
Illegal detention by an authority or public official
When the person depriving another of their liberty, outside the cases permitted by law and without cause related to an offence, is an authority or a public official. This may connect with offences against Public Administration.
24-hour assistance for those detained for illegal detention or kidnapping
Tel. 681 256 507 · [email protected]
What makes us different in your defense against illegal detention or kidnapping charges
We are not a general-practice firm. This is what we bring when you are accused of illegal detention or kidnapping:
Classification comes first
We work on the legal classification from the very first moment: whether the facts amount to illegal detention, kidnapping or coercion completely changes the sentence.
24-hour assistance
Assistance for the detainee 24 hours a day at the police station, with a lawyer registered with the Madrid Bar Association (ICAM) from start to finish.
Prepared statement
We prepare your statement before you testify before the judge, not on the fly.
Private appointment
We work by private appointment, not as court-appointed counsel, with real availability by phone and WhatsApp, and a payment plan if there are cash-flow problems.
Defense if you are accused of illegal detention or kidnapping
In these cases, the defense is decided in the details. This is what we do with you from the very first call:
We answer the phone.
You tell us about the case and, if you have been detained, we assist you at the police station immediately.
We establish what happened and how long it lasted.
We establish how long the deprivation of liberty lasted, whether the person was free to leave and whether any demand was made.
We examine the legal classification.
We analyse whether the facts amount to unlawful detention, kidnapping or a less serious offence.
We prepare your statement.
We prepare your statement before you appear before the judge.
We defend you throughout the entire proceedings.
We accompany you through the investigation and trial, with the same lawyer from start to finish.
If you have been arrested or summoned to give a statement in connection with an unlawful detention or a kidnapping, contact us as soon as possible. We provide 24-hour assistance to detainees in Madrid.
The offence of unlawful detention and kidnapping under the Criminal Code
Unlawful detention and kidnapping form the chapter on unlawful detentions and kidnappings, regulated under articles 163 to 168 of the Criminal Code (CP), within the offences against liberty. Article 163 punishes any individual who confines or detains another person, depriving them of their freedom of movement, with a base sentence of four to six years’ imprisonment. That sentence is reduced if the person is released within the first three days, and increases to five to eight years’ imprisonment when the detention lasts more than fifteen days. The longer the deprivation of liberty continues, the greater the sentence.
Kidnapping: the most serious form
Kidnapping (article 164), the successor to the old offence of abduction, is an unlawful detention in which a condition is set for the person’s release: demanding a ransom, requiring some action, or forcing a decision. It is the most serious form of the offence and carries a base sentence of six to ten years’ imprisonment. The difference between an unlawful detention and a kidnapping often lies in whether or not that demand existed and how the events are interpreted. This point is decisive, as it separates two very different sentencing frameworks.
The line between unlawful detention and coercion
Not every act of restraint amounts to unlawful detention. The law distinguishes between depriving someone of their freedom of movement (unlawful detention) and forcibly preventing them from doing something specific (coercion). That line is a fine one and often decisive, since the penalties are very different. Reclassifying facts from unlawful detention to coercion can completely change the outcome of the proceedings. This is one of the areas where our defence work counts most.
24-hour assistance for those detained for unlawful detention or kidnapping
Tel. 681 256 507 · [email protected]
Sentences and aggravating factors for unlawful detention and kidnapping
The sentences under article 163 start at four to six years’ imprisonment and increase depending on how long the deprivation of liberty lasted; in kidnapping cases they can reach up to ten years. The law also provides for a sentence one degree lower when the person responsible releases the victim within the first three days. Aggravating factors apply when the perpetrator poses as an authority figure, when the victim is a minor or a person with a disability, or when no information is given as to their whereabouts. Each circumstance shifts the sentencing framework throughout the criminal proceedings, so the precise characterisation of the facts is decisive for the defence.
Unlawful detention lawyers at the Madrid courts
We regularly appear before the Examining Courts (Juzgados de Instrucción) of Plaza de Castilla, the Criminal Courts (Juzgados de lo Penal) of Madrid and the Provincial Court of Madrid, and we assist clients from the city of Madrid and the Henares Corridor.
Frequently asked questions about unlawful detention and kidnapping in Madrid
What is the difference between unlawful detention and kidnapping?
Kidnapping is an unlawful detention in which a condition is demanded to release the person, for example a ransom. It is the most serious form, carrying heavier penalties. Determining whether or not that demand existed is key to the defense.
I held someone for just a few minutes. Can that be unlawful detention?
Yes. Unlawful detention does not require a long minimum time; it can be found even if the deprivation of liberty lasts only briefly. The duration affects the sentence, not whether an offense exists. It is advisable to have a lawyer analyse the case.
What is the difference between unlawful detention and coercion?
Unlawful detention deprives the person of their freedom of movement; coercion forcibly prevents them from doing something specific. The legal classification greatly affects the sentence, which is why it is a key point of the defense.
I have been summoned to testify for unlawful detention. What should I do?
Do not testify without a lawyer. Speak with a criminal defense lawyer before the date of the summons to prepare your statement and decide on a defense strategy.
Do unlawful detention or kidnapping always lead to prison?
The penalties are severe, but the outcome depends on the facts, the legal classification and the evidence. The defense seeks dismissal, acquittal or reclassification to a less serious offense when the case allows it.
Our office at Goya 20, Madrid
Cervantes & García-Escribano Law Firm
We are located at Calle Goya 20, 1st Floor Left (28001 Madrid), in the Salamanca district. You can come to the office to review your case, and for emergencies we are available 24 hours at 681 256 507.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 AM – 7:00 PM (assistance to detainees 24/7)
Speak today with an unlawful detention and kidnapping lawyer in Madrid
If you are being investigated for unlawful detention or kidnapping, the legal classification of the facts changes everything. Call 681 256 507, message us on WhatsApp or tell us about your case and we will call you back. You will be assisted by the lawyer who will handle your defense.
