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Understand the charge before making decisions.
We reviewed the procedural situation, documentation and options of defence since the first subpoena. In a quick trial, the concentration of proceedings makes it important to have advice and time to understand the consequences of each decision.
Investigation doesn't mean guilt. Conformity requires information and judicial control; the provisional dismissal of proceedings has effects other than a acquittal and can be appealed or reopened in legal cases.
Understanding to Decide
Anonymised case study
A judgment based on agreement to the prosecution case was issued in a driving procedure under the influence of alcohol. Subsequent documentation includes a request for payment of the fine.
Anonymised case study
In the context of a couple's relationship, injuries were investigated. The judicial body valued the statements and evidence available.
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An investigation into harassment arose in a context of family and property conflict. Proceedings were conducted to assess whether the conduct had a criminal entity.
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A robbery with violence was being investigated. The crucial question was whether the proceedings allowed it to be attributed to a particular person.
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One complaint raised potential implications for privacy in a context of personal relationships and communications. The parties maintained contradictory versions.
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A trial for an alleged minor offence of usurpation had been reported.
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The evidence and risk were assessed at a protection hearing, with the involvement of the parties.
Anonymised case study
One person was accused of causing injury. The existence of the assault and the identification of its perpetrator should be examined separately.
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One investigation involved substances and effects related to a possible crime against public health. It was necessary to determine what conduct could be attributed to each person under investigation.
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A possible driving without a permit was being investigated. An official check was requested on the existence of a driving licence issued in another country.
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An incident during police action resulted in proceedings for possible resistance or disobedience. The statement of the person under investigation was contrasted with the statement.
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In a context of family conflict, incidents of alleged ill-treatment were investigated and disagreements over family relations were also raised.
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One allegation of threats was based on demonstrations attributed to another person and messages exchanged in a context of personal conflict.
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A procedure for a possible minor offence of usurpation came to trial. Both the evidence and the existence of an indictment that could sustain a conviction had to be verified.
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A charge was made for the possible marketing of products incorporating signs of marks. The trial required an examination of the assigned participation and the evidence of the effects involved.
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In a trial for alleged intimate partner injuries, injuries and testimony were examined about an incident. The accused exercised their right not to testify.
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A driving charge under the influence of alcohol was processed as a quick trial. The accused person was informed of its consequences prior to compliance.
Anonymised case study
An indictment by non-payment of maintenance required an analysis of the periods claimed, the payments made and the financial capacity of the obliged person.
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In an investigation into possible harassment, the complaint referred to documentation that could corroborate his account. The court required his contribution to contrast the versions.
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An incident involving several persons was prosecuted as a possible minor offence of injury. There should be an indictment in the trial that upheld the claim of conviction.
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In a couple ' s injury trial, the facts, evidence and circumstances that might influence the sentence were discussed.
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A possible scam was investigated and steps were taken to clarify a person ' s link to the reported events.
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A quick trial examined the driving of a vehicle by a person who had never obtained a permit. The prosecution requested a criminal fine.
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One judgment concerned both driving under the influence of alcohol and refusal to provide evidence. A subsequent order corrected omissions and specified the offence to which each sentence corresponded.
Supreme Court · Second Chamber
Supreme Court · Second Room · 2025
The plenary court upheld organised-trafficking convictions and examined communications intercepted under judicial authority in France and introduced through a European Investigation Order. It considered their acquisition, transmission and attribution to the defendants.
ECLI:ES:TS:2025:4526
Supreme Court · Second Room · 2024
The court upheld a conviction for a sexual kiss imposed on a detained person through abuse of the officer’s position. It distinguished the legal classification at the time of the events from the later law.
ECLI:ES:TS:2024:3348
Read moreSupreme Court · Second Room · 2023
The Supreme Court set aside sexual-offence convictions because the evidence was insufficient and relevant defence expert evidence had not been adequately weighed. Other criminal liability discussed in the proceedings was not entirely removed.
ECLI:ES:TS:2023:3051
Read moreAnswers to guide you
19 Brief answers with references to official regulations.
That you are provisionally attributed participation in some events and have rights to defence. It doesn't amount to a conviction.
Yes, with the information and access legally provided to exercise the defence, without prejudice to justified limitations such as the agreed secrecy.
Consult this service ↗See FAQ ↗Yes, in legal terms. If you do not designate one when your intervention is necessary, the corresponding assistance mechanisms should be articulated.
Consult this service ↗See FAQ ↗Yes, with the guarantees and exceptions legally provided. The confidentiality of the communication is part of the defence.
Consult this service ↗See FAQ ↗No. You have the right to remain silent, not to answer some questions and not to testify against yourself, with understandable information about your rights.
Only the time strictly necessary for investigations and, at the most ordinary, seventy-two hours prior to release or placement in court.
Yeah. The detainee has the right to be examined by the forensic doctor, his legal substitute or other professional in the circumstances envisaged.
Yes, in legal terms, including the assistance needed to understand the proceedings and exercise the defence.
Consult this service ↗See FAQ ↗It is a procedure for certain offences and legal circumstances that allows for the concentration of proceedings. Not every simple matter can be dealt with by this means.
No. There are procedures, defence and procedural decisions. An eventual conformity or judgement must respect the corresponding guarantees.
Consult this service ↗See FAQ ↗Yeah. It requires knowing the facts and consequences and giving valid consent. It should not be accepted solely because of the rush to complete the appearance.
Consult this service ↗See FAQ ↗Yes, through the appropriate channels and procedural moments. The judicial body shall decide on its relevance and usefulness in accordance with the law.
It is the filing in legal cases without necessarily closing the possibility of reopening if sufficient elements appear and the offence has not been prescribed.
It is agreed for different legal reasons, such as that the act is not a crime, and has a different scope of closure from the provisional.
It depends on the type of resolution, procedure and time frame. The full notification and appeal regime must be reviewed before it expires.
No. It is an exceptional precautionary measure subject to requirements, purposes and limits. It may be requested for review in accordance with the law.
Consult this service ↗See FAQ ↗Not to make any complaint, but assistance may be useful and necessary in certain proceedings. Complaint and complaint have different requirements.
Consult this service ↗See FAQ ↗Criminal and civil proceedings may be instituted in legal terms. Legitimacy, personation, damage and documentation must be reviewed.
Consult this service ↗See FAQ ↗Full summons and notifications, available complaints or reports, previous rulings and original evidence. Indicates dates of receipt to review deadlines.
Spanish Constitutional Court
Alleged violation of freedom of expression and information: harmful information of the right to honor of two policemen disseminated through the social network Facebook without the right to...
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Alleged violation of the right to the effective judicial protection in connection with the right to personal liberty: Reasoned revocation of the conditional suspension of the execution of the ...
Read moreSpanish Constitutional Court
Violation of the rights to effective judicial protection and the presumption of innocence: revocation of judgment of acquittal based on a reassessment of the evidence without any...
Read moreYou receive a criminal court summons in Spain. Does that mean you have already been convicted? No. First establish in what capacity you are being summoned and for which step.
Keep the whole document and check the date, location and proceedings. If you are under investigation, legal assistance helps you understand the allegation and decide how to exercise your rights. Preparation means organising facts and reviewing documents, not inventing an account.
Fast-track proceedings bring steps together in a short time, but safeguards still apply. Before agreeing to the prosecution case, you need an explanation of the charge, consequences and available alternatives. An investigation may be closed or continue, depending on the facts and evidence.
At penal.info, we review your particular situation. Bring the summons and original files, and seek advice in good time. The document determines your next step.
Book an appointment with María Morales at penal.info.
Time to listen
Consult with María Morales Elbaz, lawyer in Madrid.