Why foreigners get caught out
Many foreigners think a case is over because they were released from the police station. In fact it may continue for months, and summonses arrive at the address given to the court. Missing one can lead to a search and arrest warrant. Always keep a reliable address and a Spanish lawyer on file.
The stages of a Spanish criminal case
1. Police report or complaint
The police draw up a report (atestado) with statements, evidence and, if there was an arrest, the custody record. A victim can also file a complaint (denuncia) or a formal accusation (querella) directly at the court.
2. The duty investigating court
The duty court receives the report, hears the suspect with a lawyer and an interpreter, and decides on release, restrictions such as a travel ban or a restraining order, or, in serious cases, pre-trial detention.
3. The investigation (instrucción)
The investigating judge gathers evidence: witness statements, medical and forensic reports, phone records, CCTV. The defence can request evidence and take part in every step. At the end, the judge either dismisses the case or sends it to trial.
4. Indictment and defence brief
The public prosecutor, and the victim's lawyer if there is one, file their charges with the sentence they seek. The defence replies with its own brief and evidence.
5. Trial
Offences punishable by up to five years' prison are tried by a criminal court judge (juzgado de lo penal). More serious ones go to the Provincial Court of the Balearic Islands (Audiencia Provincial), and some offences to a jury.
6. Appeal
Judgments can be appealed to a higher court. In the Balearic Islands, criminal court judgments are appealed before the Provincial Court, and Provincial Court judgments before the High Court of Justice of the Balearic Islands.
The three main procedures
Fast-track trial (juicio rápido)
For offences punishable by up to five years' prison where the suspect is caught in the act or the offence is a common one, such as assault, theft, drink driving or domestic violence. The investigation is done at the duty court and the trial can be held within days. See fast-track trials.
Abbreviated procedure (procedimiento abreviado)
For offences punishable by up to nine years' prison. It is the most common route for cases that need investigation, such as fraud.
Ordinary procedure (sumario)
For offences punishable by more than nine years' prison, such as serious drug trafficking or violent crimes.
Minor offences (delitos leves)
Minor offences, such as shoplifting under 400 euros or minor injuries without medical treatment, are tried quickly at the investigating court and are punished with fines. They still require attention: an unpaid fine can become a few days of prison.
A practical example
A Dutch resident of Ibiza was released after a fraud complaint and assumed the matter was closed. Two years later he was summoned for trial. We obtained the case file, found that key evidence had never been checked and, after requesting it, obtained the dismissal of the case before trial. More information on the firm's main website: criminal law at Castell Abogados.
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about Spanish criminal procedure
Who decides whether I am charged in Spain?
The investigating judge decides whether the case goes to trial, and the prosecutor and the victim's lawyer formulate the charges.
How long does a criminal case take in Spain?
A fast-track trial can take days. Abbreviated procedures often take one to three years, and complex cases longer.
What is the difference between investigado and acusado?
Investigado is a person under investigation; acusado is a person formally charged and sent to trial.
Can a case be dismissed before trial?
Yes. If the evidence is insufficient, the investigating judge can dismiss it provisionally or definitively.