Pleading guilty (conformidad), sentences and suspension in Spain

Key rules

• Conviction: A conformidad always ends in a conviction on your record, and your right to appeal is limited.
• Fast-trial reduction: In a fast trial, agreeing to the charge before the duty court brings a one-third reduction of the penalty.
• Suspension: A prison sentence of up to two years can be suspended if you have no prior record, and you pay or commit to pay civil liability and costs.
• Unpaid fines: Unpaid day-fine quotas turn into custody at one day for every two quotas.
• Expulsion: A non-EU foreigner without regular residence sentenced to more than one year in prison is normally expelled, with a ban on return of five to ten years.

What a conformidad is

A conformidad means you accept the most serious charge and penalty the prosecution asks for. In return you usually get a lighter outcome and a faster end to the case. It always means a conviction.

When you can use it

• Ordinary procedure: it applies where the penalty sought is no more than six years of prison.
• Abbreviated procedure: you can agree before trial or at its start. The court can approve higher penalties if all accusing parties agree.
• Fast trial (juicio rápido): you can agree before the duty court.
• Jury cases: you can agree at the start of the oral hearing.

Penalty limits differ between these procedures, so ask your lawyer which one applies to you.

Three conditions always apply:

1. The prosecution and every other accusing party must agree on the penalty.
2. You must accept freely and knowingly. Your lawyer advises you and must confirm you understood.
3. The court checks that the penalty is legal and the facts are correctly classified. It can refuse the deal and send the case to trial.

What you get and what it costs you

In a fast trial, agreeing to the charge before the duty court brings a one-third reduction of the penalty. The judge gives an oral judgment, which becomes final at once if it matches the agreement.

In other procedures there is no automatic discount. Prosecutors often lower the charge as part of the deal, but that is a negotiation, not a right.

Appeals are limited. They are usually possible only if the court went beyond the agreement or your consent was defective.

The conviction goes on your criminal record. It counts if you offend again and can affect your immigration status and your work. The agreement also sets civil liability for damages, and that can be enforced against you.

Suspension of a short prison sentence

A court may suspend a prison sentence of up to two years if all of these are true:

• You have no prior record for non-negligent offences.
• You have paid, or committed to pay, civil liability and costs.
• You are not likely to reoffend.

Suspension lasts two to five years. For minor sentences it lasts three months to one year. The court can add conditions such as payments, treatment programmes or community work. Reoffending or breaking the conditions can end the suspension.

Two special cases exist. Sentences up to five years can be suspended for people with drug addiction who are in treatment, and for serious illness. A sentence of up to one year may also be suspended in exceptional circumstances. The court decides case by case.

If you are a foreigner

A prison sentence of more than one year given to a non-EU foreigner without regular residence is replaced by expulsion from Spain. The ban on return is five to ten years.

• Under one year, the court can replace the sentence with expulsion.
• From one to five years, the court orders expulsion, unless protecting the legal order requires you to serve part of the sentence first.

EU citizens can be expelled only if their presence is a serious threat to public order.

Day-fines

A day-fine (multa por cuotas) is set as a number of daily quotas, up to a maximum of five years' worth. Each quota is between 2 and 400 euros. The judge sets the daily amount from your means, assets, family obligations and personal circumstances.

Tell the court about your finances, because that sets the amount. You can ask to pay in instalments. The court can reduce or defer payment if your means change.

If you do not pay and the court cannot recover the money by seizing assets, you face one day of custody for every two unpaid quotas. For less serious offences the court may replace this with community service or locational permanence, if you consent.

The decision, timeline, checklist and warnings below help you compare your options. Talk to your lawyer before you accept any deal.

Choosing between options

Will a short prison sentence be suspended, served or replaced?

• Suspension: Fits if the sentence is up to two years, you have no prior record for non-negligent offences, you have paid or promised to pay civil liability and costs, and you are unlikely to reoffend.

• Serve the sentence: Fits if neither applies, or if the court decides the legal order requires you to serve part of it.

• Day-fine: Fits where the court sets a fine in daily quotas of 2 to 400 euros, based on your means and family obligations.

The court decides case by case, starting with the length of the sentence and your record.

Timeline and deadlines

• Day-fine is set in daily quotas: up to 30 months for most offences

• Ban on return after expulsion: five to ten years

Checklist

• Ask your lawyer to confirm that the prosecution and every other accusing party agree on the penalty.

• Confirm with your lawyer that you understand the charge and the penalty you are accepting.

• Ask your lawyer how the conviction will affect your criminal record, immigration status and work.

• Check whether your sentence of up to two years qualifies for suspension, given that you have no prior record for non-negligent offences.

• Pay or commit in writing to pay the civil liability and costs to support a suspension.

• Ask the court to set your daily fine amount based on your means and family obligations.

• Ask the court for payment in instalments if you cannot pay a fine in one go.

What to watch out for

• A conformidad means a conviction: Accepting the charge gives you a conviction on your criminal record, with the same effects as any other, including on immigration and professional life. Ask your lawyer about these effects before you agree.

• Appeal rights are limited: Once the judgment follows your agreement, you can usually appeal only if it breaks the agreement or your consent was defective. Do not agree until you have understood every term, including civil liability.

• The court may refuse the deal: The court can reject a conformidad if the penalty is illegal or the facts are wrongly classified, and then the case goes to trial. Do not count on the deal until the court approves it.

• Unpaid day-fines become custody: If a day-fine cannot be paid or recovered from your assets, you serve one day of deprivation of liberty for every two unpaid quotas. Ask for instalments or a lower amount if your means change.

Frequently asked questions

Can the court refuse my conformidad?

Yes, the court can refuse a conformidad if the penalty is not legal or the facts are wrongly classified, and then the case goes on to trial. The judge also checks that you accepted freely and knowingly, with your lawyer confirming you understood. Every accusing party must agree on the penalty too.

Can I appeal after a conformidad?

Appeals after a conformidad are very limited. They are usually possible only if the judgment goes beyond what was agreed or your consent was defective. The conviction enters your criminal record like any other, including effects on immigration and work.

What happens if I cannot pay a day-fine?

If a day-fine is unpaid and cannot be recovered from your assets, you serve one day of deprivation of liberty for every two unpaid quotas. You can ask to pay in instalments first.

Can a foreigner's prison sentence be replaced by expulsion?

Yes, for a non-EU foreigner without regular residence, a prison sentence of more than one year is substituted by expulsion, with a ban on return of five to ten years. For sentences of five years or more the court may require you to serve part first.