Spanish Justice system does not disregard the plight of the innocent victim who has unjustly spent some time in jail on a preventive basis. If a person suspected of crime has been detained for trial, spend some time in jail, and where, for lack of proof, he has been released from custody, and in the course of time his complete innocence is established, he is entitled to a compensation for the injuries he has suffered.

Spanish law of Judiciary provides indemnities for these unfortunate victims in the administration of the criminal law upon whom special damage is inflicted. In order to be declared the liability of the State, some requirements must be met; the crime for which the individual was detained must not exist. In some other specific cases, the error must be declared by the Supreme court previous request lodged by the individual who was unsjustly detained and spent some time in jail. Notwithstanding, every single case must be carefully studied by an Attorney, who will provide with proper advice on the best way to proceed according with the circumstances of the case.