How a criminal case runs in Spain from investigation to sentence

Terms used

• Juzgado de instrucción — The juzgado de instrucción is the court whose judge investigates crimes and also tries minor offences.
• Investigado — The investigado is the person under investigation during the inquiry, before formal charges are filed.
• Juzgado de lo Penal — The Juzgado de lo Penal is a single-judge court that tries crimes with lower penalties.
• Audiencia Provincial — The Audiencia Provincial is the provincial court that tries serious crimes and hears many appeals.
• Ministerio Fiscal — The Ministerio Fiscal is the public prosecutor, who brings the criminal action and files the accusation.
• Acusación popular — The acusación popular is when a citizen or group who is not a victim joins a case as an accuser.
• Prisión provisional — The prisión provisional is detention in prison before trial, ordered by a judge and limited in time.
• Abogado de oficio — The abogado de oficio is a duty lawyer appointed and paid by the state when you have none.

Key rules

• Route: How serious the alleged crime is decides which procedure and which court your case gets.
• Investigation: Serious cases often run one to several years, so plan for a long wait.
• Pre-trial prison: Pre-trial prison has time limits, but a judge can extend them.
• Appeal deadlines: Appeal deadlines are 3 to 10 days in most cases, counted in working days from formal notification.
• Lawyer: Have a lawyer at every stage; a duty lawyer is available if you have none.

The short version

Every case follows the same broad path: investigation, a decision on whether to go to trial, the trial, the sentence, then appeals. Which court tries you, and how fast, depends on how serious the alleged crime is. Your lawyer can tell you which route your case is on. The first days after an arrest are covered in the step-by-step block below.

The stages

1. Investigation (instrucción). A judge at the juzgado de instrucción gathers evidence and takes statements. You are called the investigado at this point.
2. Intermediate stage. The judge decides whether there is enough to go to trial or whether to dismiss the case.
3. Trial (juicio oral). The prosecutor, and any other accusers, present the charges. Your lawyer answers them.
4. Sentence (sentencia). The court convicts or acquits.
5. Appeals (recursos). Either side can challenge the sentence within strict deadlines.

Which route your case takes

• Minor offences (delitos leves). You report it (denuncia), and there is a short oral hearing before the investigating judge. This usually takes weeks to months.
• Fast trial (juicio rápido). This is for simple cases, often with an arrest. There is a police report, a hearing before the duty judge, and a very short investigation lasting days. Trial usually follows within weeks.
• Abbreviated procedure (procedimiento abreviado). This is for crimes with penalties up to 9 years. After the investigation, the judge issues a decision to continue and the accusers file their charges. Trial is often 6 to 18 months after the charges.
• Ordinary procedure (sumario). This is for the most serious crimes, with penalties over 9 years. The case is reviewed by the Audiencia Provincial and tried there. It often takes several years.
• Jury cases. Certain listed offences follow their own jury procedure.

Who does what

• Juzgado de instrucción: investigates. It also tries minor offences. Cases of violence against women go to specialised courts for that.
• Juzgado de lo Penal: one judge tries crimes punishable by up to 5 years' prison (or other penalties up to 10 years).
• Audiencia Provincial: a panel of three magistrates, or a jury, tries more serious crimes.
• Audiencia Nacional: handles terrorism, major organised crime and certain other crimes.
• Prosecutor (Ministerio Fiscal): brings the criminal action and files the accusation.
• Other accusers: victims, and sometimes any citizen through the acusación popular, can join the case as parties.
• Your lawyer: defends you at every stage. The duty lawyer (abogado de oficio) is available if you have none.

Courts are being reorganised into larger regional courts (tribunales de instancia), so names on paperwork may differ.

How long it takes

The law sets time limits for the investigation. Courts often exceed them, so expect one to several years in serious cases. Do not assume it will be quick.

If you are held before trial (prisión provisional), the limit is generally 1 year for penalties up to 3 years and 2 years for others. A judge can extend it by half, or by 2 years.

Appeals and deadlines

Appeal deadlines are short and run in working days from the day you are formally notified.

• Minor offence sentences: appeal to the Audiencia Provincial within 5 days.
• Fast-trial and abbreviated sentences from the Juzgado de lo Penal: appeal to the Audiencia Provincial within 10 days.
• Sentences from the Audiencia Provincial: appeal to the High Court of Justice of the region (Tribunal Superior de Justicia) within 10 days.
• Rulings (autos) of the investigating judge: a request for reconsideration (recurso de reforma) within 3 days, or an appeal within 5 days.
• Cassation (recurso de casación) to the Supreme Court exists for serious offences and set legal grounds. The first step has a 5-day deadline.
• Beyond that, an amparo appeal to the Constitutional Court is possible in limited cases.

Give your lawyer the notification date the same day. Ask them to confirm the exact deadline for your ruling.

Where to go next

The checklist below lists what to ask your lawyer at each stage. The quick answers cover your rights as a foreigner.

Step-by-step: what happens from arrest to first court appearance

• Police hold you and must tell you why, in a language you understand: From the moment of arrest

• Ask for a lawyer, or let police request a duty lawyer (abogado de oficio) from the Bar Association. Duty-lawyer help in custody is free at the point of use: As soon as you are detained, before any police questioning

• Give your statement to police only with your lawyer present. You can stay silent, but you must identify yourself: During custody

• Lawyer attends line-ups, confrontations and crime reconstructions, and meets you privately at the end of your statement: Whenever these acts happen during custody

• Police must release you or bring you before the duty judge (juez de guardia): No later than 72 hours after arrest

• Terrorism and organised-crime cases only: a judge may authorise an extension of up to 48 hours, in total 5 days: Authorised within the first 48 hours

• Judge takes your statement with your lawyer present: On arrival before the duty judge

• For prison or bail, the judge holds a hearing where the prosecutor and your lawyer argue, then decides by a reasoned order (auto): Hearing within 72 hours of the detention, decision shortly after

• Judge decides: release without measures, release with charges and obligations such as court sign-ins or passport withdrawal, release on bail, or provisional prison: At the end of the hearing

• If you think the detention is unlawful, you or a relative can ask the investigating judge for habeas corpus, in writing or orally, without a lawyer. The judge normally decides within 24 hours: Any time during detention

Checklist

Work through your case stage by stage

• Ask your lawyer which procedure your case is in: delitos leves (minor offences), juicio rápido (fast trial), procedimiento abreviado (crimes up to 9 years) or procedimiento ordinario (crimes over 9 years).

• Find out which court handles your case: the juzgado de instrucción investigates, the Juzgado de lo Penal (one judge) tries crimes up to 5 years, and the Audiencia Provincial (three magistrates, or a jury for listed offences) tries more serious ones.

• Ask your lawyer who the prosecutor (Ministerio Fiscal) is and whether a victim or acusación popular has joined the case as a party.

• Check the investigation stage (instrucción) with your lawyer: ask how long it has run and whether the judge has extended it, since investigations often last one to several years.

• Read the charging document (escrito de acusación) with your lawyer once the investigation ends, and decide how to respond before the trial is opened.

• Ask for the expected trial date: fast trials are usually held within weeks, abreviado trials often 6 to 18 months after the charges, and ordinario cases can take several years.

• Ask your lawyer about the limit on pre-trial prison (prisión provisional) if you are held: generally 1 year for penalties up to 3 years and 2 years for others, with extensions possible.

• Write down the date you are formally notified of any ruling and give it to your lawyer the same day, because appeal deadlines run from notification in working days.

• Decide with your lawyer, before the deadline, whether to appeal a sentence: 5 days for delitos leves, 10 days for sentences of the Juzgado de lo Penal or the Audiencia Provincial.

• Ask about appealing the investigating judge's orders (autos): reform within 3 days, appeal within 5 days, and a complaint (recurso de queja) within 5 days if an appeal is refused.

• Ask whether a further appeal is possible after the appeal: casación to the Tribunal Supremo for serious offences and set legal grounds, then amparo to the Constitutional Court.

What to watch out for

What to watch out for

• Missing an appeal deadline: Appeal deadlines are short and run in working days from notification: 5 days for delitos leves, 10 days for most sentences, and 3 to 5 days for orders of the investigating judge. A late appeal is usually lost. Give your lawyer every notification the day you receive it and ask them to confirm the exact deadline in writing.

• Assuming the investigation will be quick: The time limits for the investigation are often exceeded, so a case can stay open for one to several years. Procedimiento ordinario cases before the Audiencia Provincial often take several years. Plan for a long case, keep your address and contact details current with the court, and ask your lawyer for updates.

• Fast trial moves in days or weeks: In a juicio rápido the investigation lasts days and trial usually follows within weeks, so there is little time to prepare. Meet your lawyer as early as you can and ask for the evidence against you right away.

• Pre-trial prison has limits that can be extended: Prisión provisional is generally limited to 1 year for penalties up to 3 years and 2 years for others, but it can be extended by half or by 2 years. Ask your lawyer to track the limit and to challenge any extension.

• Going to the wrong court or missing a hearing: Different courts handle different cases, from the juzgado de instrucción to the Juzgado de lo Penal and the Audiencia Provincial. Notices are sent for the court that holds your case. Check the court and hearing date in every notice with your lawyer, and attend every summons.

Quick answers about criminal cases for foreigners in Spain

Do I have to answer police questions without a lawyer?

No, you can refuse to answer some or all questions, and police cannot question you without a lawyer present except in limited cases. Silence cannot legally be treated as an admission of guilt. You must still give your identity and personal details, or you risk a fine.

Will I be told the accusation in a language I understand?

Yes, you must be told the act attributed to you and the reasons for detention in simple language you understand, orally and in writing through the Letter of Rights. If you do not speak Spanish, you have the right to a free interpreter and a written translation of the essential documents.

Can the court take my passport while my case is open?

Yes, a judge can withdraw your passport and ban you from leaving Spain as a precaution, and border police are notified. You then need court permission to travel, requested through your lawyer. Without such measures an open case does not stop you leaving, but you must keep the court informed of your address and answer summons.

What happens if I miss a court sign-in?

Missing a court sign-in (comparecencia apud acta) can lead to a change to pre-trial detention or higher bail, and it may count as a sign you might flee. The judge usually sets these sign-ins weekly, fortnightly or monthly.

What is the difference between investigado and acusado?

An investigado is a person under suspicion during the investigation stage, while an acusado is formally accused in the prosecution's written indictment or at the trial stage. Investigado replaced the old word imputado. You are only condenado (convicted) after a conviction, and you are presumed innocent until then.