Fast-track criminal trials in Spain (juicio rápido)

When a case goes to a fast-track trial

Article 795 of the Criminal Procedure Act requires three things: the offence is punishable by up to five years' prison, or other penalties up to ten years; the case starts with a police report and the suspect is arrested or summoned to the duty court; and the offence was caught in the act or is one of the listed offences, or easy to investigate.

Offences usually tried this way

• Assault, threats and coercion in the family or partner context. See domestic violence charges.
• Theft and robbery. See theft and robbery charges.
• Road traffic offences: drink driving, refusing the breath test, driving without a licence.
• Criminal damage and minor drug supply.
• Other offences caught in the act, such as many assaults in resort areas.

What happens at the duty court

The duty judge hears the suspect, the victim and the witnesses, receives the medical report and any CCTV, and decides whether there is enough to proceed. If so, the prosecutor files the charges at once. At that point, the defendant can accept a plea deal or ask for a trial.

Plea deal with a one-third reduction

If the defendant agrees with the charges at the duty court, the judge imposes the requested sentence reduced by one third, even below the legal minimum. This is only possible if the offence is punishable by up to three years' prison, the requested prison sentence after the reduction does not exceed two years, and no private prosecutor (the victim's lawyer) has joined the case. See plea deals in Spain.

If there is no plea deal

The case is sent to the criminal court, which usually sets the trial within fifteen days. The defendant can leave Spain in the meantime, unless the judge imposes restrictions, and can sometimes be tried in absence if the prosecution seeks up to two years' prison and they were properly summoned. See leaving Spain during a criminal case.

How we help

We read the police report, speak with you before the hearing, assess the strength of the evidence and negotiate with the prosecutor. Sometimes the best result is a negotiated plea with a suspended sentence; sometimes it is rejecting the plea and going to trial. The guide on fast-track trials on our Spanish-language site explains each offence in detail.

A practical example

A Scottish holidaymaker arrested for drink driving in Alcúdia was offered a plea deal with a fine and a one-year ban. We checked the breathalyser calibration and found the reading was just above the criminal threshold once the margin of error was applied. The prosecutor reduced the charge to an administrative offence. More information on the firm's main website: guide to fast-track trials (in Spanish).