Why foreigners get caught out
Many foreign defendants accept the first offer at the duty court without having seen the evidence, because they are told it is just a fine and they can fly home. Years later the conviction appears in a background check, a visa application or a residence procedure. Before accepting, ask what record it creates and whether the evidence would really lead to a conviction.
The two main types of plea deal
At the duty court (art. 801 LECrim)
In fast-track cases, the defendant can agree with the charges at the duty court. The judge then imposes the requested sentence reduced by one third. It requires an offence punishable by up to three years' prison, a requested prison sentence that does not exceed two years after the reduction, and no private prosecutor.
Before or at the start of the trial (art. 787 LECrim)
In other procedures, the defence and the prosecution can agree on the facts and the sentence and present the agreement to the court, which hands down judgment accordingly if the sentence does not exceed six years' prison. There is no automatic one-third reduction, but the negotiated sentence is usually lower than the one sought.
What the judge checks
The judge must ensure that the defendant agrees freely, understands the facts and the consequences, and has been advised by their lawyer. If the defendant does not speak Spanish, the explanation must be interpreted. See interpreter rights.
Consequences to consider before accepting
- A criminal record in Spain, shared with other EU countries.
- Possible impact on work, professional licences and background checks.
- For non-EU nationals, consequences for visas, residence and, with longer prison sentences, expulsion.
- Driving bans that apply in Spain and, in some cases, are notified to other countries.
- Payment of fines and compensation to the victim.
When a plea deal makes sense
A plea can be the right choice when the evidence is strong and the deal guarantees a suspended sentence, a fine instead of prison or a shorter driving ban. It is usually a bad choice when the evidence is weak, when self-defence is arguable or when the record would have serious consequences in your country.
A practical example
An American student in Palma was offered a plea deal for theft of a mobile phone. The CCTV showed that he had picked up a phone left on a table and handed it to the bar staff minutes later. We rejected the plea and the judge acquitted him, so he avoided a record that would have affected his studies and visa. More information on the firm's main website: fast-track trial lawyers (in Spanish).
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 plea deals in Spain
Is a plea deal in Spain a conviction?
Yes. It leads to a conviction and a criminal record, even when the sentence is reduced or suspended.
Can I withdraw a plea deal?
Once the judgment is final it is very difficult. It can only be challenged if the consent was not free or informed.
Will I go to prison if I accept a plea deal?
Not usually for first offenders: prison sentences of up to two years can be suspended.
Can my lawyer negotiate a better deal?
Yes. The prosecutor often improves the offer when the defence shows weaknesses in the evidence.