Understand the process
Criminal proceedings in Spain: a step-by-step guide
Have you received a summons, or do you want to report an offence? Identify the stage you have reached and the documents to review. The route depends on the type of proceedings; some cases end before trial.
Criminal proceedings in Spain, explained in video
Read transcript
Have you received a court summons and wondered what happens next? Here are the main stages of criminal proceedings in Spain.
A case may begin with a report of an offence, a formal criminal complaint, a police report or action by the court. Reporting facts does not mean they have been proved.
Check the summons: the date, the court and whether you are called as a victim, witness or person under investigation. Each role has different rights and duties.
If you are under investigation, you have the right to know the allegation, receive legal assistance and remain silent. The presumption of innocence applies throughout the proceedings.
During the investigation, statements, documents and expert reports are gathered. The court may also order interim measures. An investigation is not a conviction.
The case may then be dismissed or continue. Provisional and definitive dismissal have different effects, so the actual court order needs careful review.
Fast-track proceedings, abbreviated proceedings and trials for minor offences follow different routes. Not every case passes through the same stages or reaches trial.
In abbreviated proceedings subject to the current rules, a preliminary hearing addresses procedural issues, evidence and a possible agreement to the prosecution case. Discuss the consequences with your lawyer before agreeing.
At trial, the evidence is examined and a judgment may acquit or convict. Appeals have specific requirements and deadlines: send the full notification to your lawyer promptly.
Once a judgment is final, the penalties and liabilities imposed may be enforced. Payments, conditions of compliance and criminal records each need their own review.
Book an appointment with María Morales through penal.info.
1. How proceedings begin
Reporting an offence brings potentially criminal facts to the authorities’ attention. A formal criminal complaint (querella) has specific requirements and allows participation as a party. A case may also start through a police report or on the court’s initiative. Keep your submission and receipt. Official overview for Spain.
2. Check why you have been summoned
Victims, witnesses and a person under investigation have different roles. Check the court, date, case reference and purpose of the hearing. Do not ignore a summons: seek advice if you cannot attend. Help with a criminal court summons.
3. Rights and legal assistance
If you are under investigation, the right to a defence includes information about the allegation and legal assistance. You may remain silent and must not be compelled to incriminate yourself. If detained, review the rights of a detained person. The presumption of innocence applies throughout. LECrim, Articles 118 and 520.
4. Investigation and interim measures
During the investigation stage, statements, documents and expert reports are gathered. Preliminary investigative proceedings do not establish guilt. The court may order interim measures; their purpose and conditions need individual assessment. Preserve original evidence and do not access other people’s accounts.
5. Dismissal or continuation
The investigation may end in provisional dismissal, potentially allowing reopening where appropriate, or definitive dismissal, which has different effects. Otherwise, prosecution and defence submissions prepare the next stage. An investigation does not necessarily lead to trial.
6. Different procedural routes
Abbreviated criminal procedure differs from fast-track proceedings. The latter concentrate preliminary steps where the legal conditions are met, but may move to another route. A trial for minor offences follows its own rules. The offence’s name alone does not determine the route. Official CGPJ fast-track guide, in Spanish.
7. Preliminary hearing and possible agreement
In abbreviated proceedings subject to the current rules, a preliminary hearing addresses procedural issues, evidence and possible agreement to the prosecution case (conformidad). Consider the facts, proposed penalty and consequences before deciding. LECrim, Article 785.
8. Trial, judgment and appeals
At the trial hearing, evidence is examined and the parties present their positions. The judgment may acquit or convict. An appeal and, where available, an appeal on points of law have specific requirements and deadlines. Send the full notification to your lawyer promptly.
9. After the judgment
A final judgment may lead to enforcement of the penalties and liabilities imposed. Review payment notices, court instructions and conditions of compliance. Criminal-record cancellation is a separate later question. Sentences and fines · Criminal records.
Your consultation checklist
- Complete summonses and notifications, including receipt dates.
- A short chronology and the original documents available.
- Any previous court decisions and your main questions.
Find help for your situation
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- Fraud and property offences
The Spanish Criminal Procedure Act governs this process; consult the unofficial English translation on Penal.info.
This is general guidance about Spanish proceedings. Steps and deadlines depend on the case, procedural route and applicable transitional rules. English terms are explanatory translations. You can seek advice before you have every document.