Is there an obligation to identify oneself when requested by the police?

The question of the duty to identify oneself to police officers is surrounded by myths that can lead to problems if we assume them to be true. There is a belief in certain sectors that it is not obligatory to identify oneself to the police or that it is only obligatory when an alleged crime has been committed.
Legally, we can be required to show our ID card both when there are indications that we have committed a criminal offence, i.e. a crime, and when there are indications that we have committed an administrative offence.
However, it is also legal for the DNI to be requested for preventive purposes, but only to prevent crimes, not to prevent administrative offences.

What happens if we refuse to identify ourselves?

If the person refuses to identify themselves, the agents, in order to prevent the commission of a crime or to sanction an infraction, will require the person to accompany them to the police station, only to identify them (by taking fingerprints and/or photographs), and for a maximum period of six hours.
Once again, a distinction is made between a crime and an administrative offence. If there are indications that we have committed an administrative offence, we may be required to go to the police station, but we are not obliged to do so when the aim is to prevent an administrative offence. Identification at police stations for preventive purposes is only permitted in the case of criminal offences.
At the same time as being forced to go to the police station, we can be sanctioned in accordance with the Law on Public Safety for a serious offence.

What if I don’t have my ID card with me?

Contrary to popular belief, it is not compulsory to carry your ID card wherever you go. The Law only obliges the holder to keep it in force and to conserve and safeguard it with due diligence.
As for the Foreigner’s Identity Card, or any other document that accredits identity, there is an obligation to carry it.
If you do not have your DNI or passport, but you do have a driving licence, credit card or similar, it is possible that the officer will consider the obligation to identify you to be satisfied. If this is not the case, we must go to the police station for identification. However, we cannot be penalised for not carrying identification documents.
If you have any doubts regarding this issue, please do not hesitate to contact us by telephone at Núria Martí García or by e-mail at nmg@btsasociados.com, we will be delighted to help you.