Minor offences and fast trials (delitos leves, juicio rápido)

Terms used

• Delito leve — A delito leve is a minor offence punished with a light penalty, such as a small fine or short community work.
• Juicio rápido — A juicio rápido is a fast criminal trial for simple cases, such as caught in the act or listed offences.
• Conformidad — A conformidad is an agreement in which the defence accepts the charges and receives a reduced penalty.
• Audiencia Provincial — The Audiencia Provincial is the provincial court that hears appeals against sentences for minor offences.

Key rules

• Agreement discount: Agreeing to the charge before the duty court reduces your penalty by one-third.
• Detention: If you are detained, you must be brought before the duty court within the 72-hour limit.
• Appeal: Sentences for minor offences are appealed to the Audiencia Provincial.
• Victim complaint: Some minor offences can only go ahead if the victim first files a complaint.

Two quick routes, two different things

Spain has two fast ways to deal with low-level crime. A delito leve is a minor offence punished with a light penalty. A juicio rápido is a fast trial for more serious offences that are still simple to prove. Both move in days or weeks, so speak to a lawyer straight away. If you cannot pay for one, ask the duty court for a free duty lawyer.

When a fast trial applies

A fast trial is used when the offence carries prison of up to 5 years, or other penalties of up to 10 years whatever their amount. It also needs one of these starts: the case begins with a police report (atestado), you were arrested, or you are summoned to appear before the judge.

On top of that, the case must fall into one of these groups:

• You were caught in the act (flagrante delicto).
• The offence is one of the listed ones: injuries or domestic-violence-related offences, threats, theft, robbery, road-safety crimes, damage, small-scale drug crimes, or crimes against intellectual or industrial property.
• The investigation is expected to be simple.

The police send the case to the duty court (juzgado de instrucción de guardia).

How a fast trial runs

1. You appear before the duty court. The judge takes statements and may order precautionary measures. If you are detained, this must happen within the 72-hour detention limit.
2. The prosecutor and the other parties file their written charges (escrito de acusación).
3. Your defence can accept the charges in a conformidad (agreement). The sentence comes immediately, and the penalty is reduced by one-third.
4. Without an agreement, the case goes to the criminal court (Juzgado de lo Penal). The trial should take place within about 15 days of the court receiving the case, and the sentence follows within 3 days of the trial.

In practice, the date depends on the court and can be several weeks or months away. Ask the court for the trial date as soon as the case arrives.

Minor offences (delitos leves)

Typical examples are minor theft (up to 400 euros), minor injuries and minor threats. They are tried in a short oral hearing before the investigating judge. The judge hears the parties, takes evidence and gives a sentence, normally at once or within days.

For some minor offences, the victim must first file a complaint before the case can go ahead. Ask your lawyer whether yours is one of them.

Penalties

Light penalties are:

• A fine of up to 3 months.
• Home confinement (localización permanente) of 1 day to 3 months.
• Community work of 1 to 30 days.
• Loss of a driving or weapon licence for 3 months to 1 year, in some cases.

A sentence can be appealed to the Audiencia Provincial. Ask your lawyer for the deadline, because it is short.

Before you decide to agree

Accepting the charges ends the case quickly and reduces the penalty, but you give up your chance to contest it. Take legal advice before you agree. The comparison, timeline, checklist and warnings below help you see what to ask.

Minor offence, fast trial and ordinary procedure compared

Lawyer rules, penalties and appeal deadlines all change with the type of procedure. The longer routes need a lawyer and give you more time to appeal. A delito leve is the lightest route.

What to watch for

• Deadlines are short and count working days only. Count from the day you are formally notified of the decision, and ask a lawyer to confirm the exact term.
• Legal aid covers a procurador too. If you qualify, you can be assigned both a lawyer and a procurador free of charge.
• Victims need professional help. A private accuser, or anyone bringing a public accusation, must also have a lawyer and a procurador.
• There are further appeals. An appeal judgment from the Audiencia Provincial can go to the Supreme Court for serious offences and for grounds set in the law. The first step there has a 5-day term. A constitutional complaint (recurso de amparo) is possible after that.
• Appeals against a judge's orders have their own terms. Against an order of the investigating judge, you have 3 days to ask the same judge to reconsider, or 5 days to appeal. If an appeal is refused, you have 5 days to complain to the higher court.

Timeline and deadlines

• Appear before the duty court, which takes statements and may order precautionary measures: after the police report, within the 72-hour detention limit

• Prosecutor and parties file their written charges, and the defence may accept them in an agreement that gives an immediate sentence: after the duty court hearing

• If there is no agreement, the case goes to the criminal court (Juzgado de lo Penal): after the duty court stage

• Attend the trial: normally within about 15 days of the case being received

• Receive the sentence: 3 days after the trial

• For a minor offence, attend the short oral hearing, where the sentence normally comes at once or within days: quick hearing before the investigating judge

Checklist

• Ask your lawyer whether your case began with a police report and whether you were arrested or summoned before the judge.

• Ask your lawyer whether the offence is one of the listed ones, such as theft, threats, injuries, damage or road safety crimes.

• Ask your lawyer whether to accept the charges in an agreement before the duty court.

• Ask whether the victim must first file a complaint for your minor offence.

• Ask the court for the trial date as soon as the case reaches the criminal court.

• Ask your lawyer which light penalty you face, such as a fine, home confinement, community work or loss of a licence.

• Ask your lawyer about the deadline to appeal to the Audiencia Provincial after the sentence.

What to watch out for

• Everything moves fast: A fast trial runs on short periods, so you can have a trial date within about 15 days of the case reaching the criminal court. Little time is left to prepare. Get a lawyer at the first police or court contact and ask for the dates in writing.

• Minor offences still carry real penalties: A delito leve can bring a fine of up to 3 months, home confinement of 1 day to 3 months, community work of 1 to 30 days, or loss of a driving or weapon licence for 3 months to 1 year. Ask your lawyer which penalty applies to your charge and how to avoid it.

• Agreeing to the charges ends the case at once: If you accept the charges before the duty court, you get an immediate sentence, and the one-third reduction applies as set out in the guide on pleading guilty. You cannot then contest the facts. Decide with your lawyer before the duty court hearing, not at it.

• Missing the hearing: If you are summoned to appear before the judge, not showing up can make things worse for you. Note the date and place of the summons and tell your lawyer at once if you cannot attend.

Frequently asked questions

Can a theft case go through a fast trial?

Yes, theft is one of the listed offences that can go to a fast trial, as long as it carries prison of up to 5 years and began with a police report with an arrest or a summons to appear before the judge. Flagrante cases and cases where the investigation is likely to be simple also qualify.

Who hears a case for a minor offence?

A case for a minor offence (delito leve) is heard by the investigating judge in a short oral hearing. The judge listens to the parties, takes the evidence and gives a sentence, normally at once or within days. Some minor cases need a prior complaint from the victim.

Where do I appeal a sentence for a minor offence?

Appeals against a sentence for a minor offence go to the Audiencia Provincial. Ask your lawyer about the time limit for filing, so you do not lose the chance to appeal.

How long after the court receives the case does a fast trial take place?

A fast trial normally takes place within about 15 days of the criminal court receiving the case, with the sentence 3 days after the trial. In practice, scheduling can stretch to several weeks or months depending on the court.