Stages of the proceedings
In short
An appeal is the tool for asking a judge or a higher court to review a court decision because it is considered wrong. In criminal proceedings almost anything can be appealed: an order rejecting evidence, pre-trial detention, a dismissal, a conviction or the amount of compensation.
Appeals can be lodged by both the defence and the prosecution. If you are a victim and the judge dismisses your complaint or acquits the accused, you can also appeal; we explain this on our page on private prosecution.
Two key points before going further:
Following Organic Law 1/2025, the former investigating courts and criminal courts have been integrated into the Courts of First Instance (Tribunales de Instancia) as the Investigating Section and the Criminal Section. Appeals against their decisions are decided by the Provincial Court (Audiencia Provincial). You can see how they are organised on our page on the criminal courts in Alicante.
During the investigation, the judge issues orders (autos) that may harm you: refusing an investigative step, imposing a precautionary measure, sending the case to trial or dismissing it. They can be challenged by:
As a general rule, these appeals do not halt the proceedings while they are being decided (Article 766.1). Some orders are declared unappealable by law, such as the order to continue a speedy trial at the duty court. Knowing what can be appealed, and when it is worth doing so, is part of the strategy.
Pre-trial detention (prisión provisional) is the most serious measure that can be ordered before trial. It is only permitted if the offence carries a maximum sentence of two years’ imprisonment or more, with certain exceptions, if there are sufficient grounds to believe the person is responsible and if it pursues a specific aim: preventing flight, the destruction of evidence, an attack on the victim or the commission of further offences (Article 503).
The order granting, extending or refusing it can be challenged by an appeal processed as a priority, and an appeal against a detention order must be decided within a maximum of 30 days (Article 507). In the appeal, a hearing before the Provincial Court can be requested (Article 766.5).
Pre-trial detention also has time limits: as a general rule, one year if the offence carries a sentence of up to three years and two years if it carries more, with a possible extension (Article 504). If a family member has just been arrested, see our page on 24-hour assistance if you are arrested and the article on the differences between pre-trial detention and a final sentence.
A judgment of the Criminal Section, formerly the criminal court (juzgado de lo penal), can be appealed before the Provincial Court within ten days of notification (Article 790). In the first three days a copy of the trial recording can be requested, which suspends the time limit until it is provided.
The appeal can be based on (Article 790.2):
New evidence can only be requested on appeal to a limited extent: evidence that could not be proposed at first instance, evidence wrongly refused provided an objection was made at the time, or evidence admitted but not taken (Article 790.3).
Other cases: judgments for minor offences are appealed within five days (Article 976); those handed down at first instance by the Provincial Court, including Jury Court judgments, are appealed before the Civil and Criminal Chamber of the High Court of Justice (Tribunal Superior de Justicia) (Articles 846 bis a and 846 ter). Judgments following a plea agreement (conformidad) can only be appealed if the requirements or terms of the agreement were not respected (Article 785.10). If you are coming from a speedy trial, we will check whether this applies to you.
A cassation appeal (recurso de casación) is lodged before the Criminal Chamber of the Supreme Court. It lies on grounds of infringement of the law and breach of procedural form against judgments of the High Courts of Justice and of the Appeals Chamber of the National High Court (Audiencia Nacional). Against judgments given on appeal by the Provincial Courts it lies only for infringement of a substantive criminal law provision (Articles 847 and 849.1). It is prepared within five days of the last notification (Article 856). It is a technical and highly formal appeal.
Review (revisión) allows a final judgment to be reopened in specified cases, such as when new facts or evidence emerge that would have led to acquittal or a less serious conviction, or when the conviction was based on a document or testimony later found to be false (Article 954).
Once the judgment is final and no appeal is possible, there are other routes, such as applying for a pardon.
If the trial was handled by another lawyer, we can still take on the appeal. Every case is different; after reviewing yours we give you a personalised written quote.
It depends on the type of judgment. A judgment of the Criminal Section is appealed within ten days of notification (Article 790 of the Criminal Procedure Act). A judgment in a minor offence trial, within five days (Article 976). A cassation appeal is prepared within five days (Article 856). If the time limit is missed, the judgment becomes final.
Yes. The order granting, extending or refusing pre-trial detention can be appealed, with the appeal processed as a priority, and an appeal against a detention order must be decided within a maximum of 30 days (Article 507). In addition, release can be requested from the judge when the circumstances that justified the measure change (Article 539).
Only in very specific cases. Judgments following a plea agreement can only be appealed where the requirements or terms of the agreement have not been respected, and the accused cannot challenge on the merits a plea agreement freely given (Article 785.10). That is why it is so important to assess a plea agreement carefully before accepting it.
If only you appeal, the court cannot worsen your position: this is the prohibition of so-called reformatio in peius (reforma peyorativa). But if the public prosecutor or the private prosecution also appeals, the court can review the judgment against you. Before appealing, we assess this risk with you and whether other parties have appealed or could join the appeal.
Yes. You can instruct a different lawyer from the one who defended you at trial to handle the appeal. What matters is doing so as soon as possible, because the new lawyer needs time to study the case file and, where applicable, the trial recording, within a time limit that is not extended by the change.
Legal basis
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