Fast-track trials for gender violence in Alicante

If you have been told that your case is going to a fast-track gender violence trial, it is normal to feel that everything is happening too quickly. Within a few days, decisions are made on protection measures, the home, the children and a possible conviction. Whether you are the woman who reported or the man who has been reported, understanding each stage lets you arrive with a clear head.

What a fast-track gender violence trial is

A fast-track trial (juicio rápido) is neither an offence nor a sentence: it is a shorter procedural route. Article 795 LECrim reserves it for offences punishable by up to five years’ imprisonment (or other penalties of up to ten years) where the proceedings begin with a police report (atestado) and the police have arrested the accused or summoned him to court. The cases covered include injury, coercion, threats or habitual violence against the persons listed in article 173.2 of the Criminal Code (Código Penal), such as a partner or former partner.

That is why it is the usual route for complaints of physical abuse or minor injury (art. 153 CP), minor threats (art. 171.4 CP) or minor coercion (art. 172.2 CP). If the facts are complex or serious, the court converts the case into preliminary proceedings (diligencias previas) and it follows the ordinary route.

The gender violence specialism lies in article 797 bis LECrim: the proceedings are carried out by the Gender Violence Section (formerly the gender violence court) during its sitting hours, and the police summon the parties for the next working day.

Stages of the fast-track trial, step by step

1. Police report and arrest or summons. The police take the complaint, take statements, request the medical report and arrest the accused or summon him to court (art. 796 LECrim).
2. Urgent proceedings. The Gender Violence Section takes statements from the suspect, the victim and the witnesses, may request a forensic report and obtains the criminal record (art. 797).
3. The court’s decision. After hearing the parties and the prosecutor, the judge decides whether the case continues as a fast-track trial, is dismissed or moves to preliminary proceedings because evidence is lacking (art. 798).
4. Prosecution and defence. If the case is sent to trial, the prosecutor and, where applicable, the private prosecution bring charges. The accused can accept a plea agreement or defend himself (art. 800).
5. Trial. Without a plea agreement, the trial is held before the Criminal Section under the rules of the abbreviated procedure (art. 802).
6. Judgment and appeal. Judgment is given within three days and can be appealed (art. 803).

Legal time limits in the fast-track trial

The plea agreement and the one-third reduction

A plea agreement (conformidad) means the accused accepts the facts and the sentence sought by the prosecution. Article 801 LECrim allows the court itself to give judgment on the basis of the plea agreement, with the sentence reduced by one third, if the offence is punishable by up to three years’ imprisonment (or a fine, or another penalty of up to ten years) and the prison term sought, once reduced, does not exceed two years. If the victim has joined the case as private prosecutor (acusación particular), the accused can agree in his defence submission to the most serious charge (art. 801.5).

A gender violence conviction, even by plea agreement, carries:

• A criminal record.
• A restraining order in respect of the victim, which is always imposed for these offences (art. 57.2 CP).
• Loss of the right to possess weapons (from one year and one day to three years under art. 153.1 CP).
• If the prison sentence is suspended, the suspension always requires a restraining order, a ban on living in or going to certain places and an educational programme (art. 83.2 CP).

The protection order running alongside

While the fast-track trial is under way, the victim can apply for a protection order (art. 544 ter LECrim). The hearing may be held at the same time as the fast-track hearing and, at the latest, within 72 hours of the application, with statements taken separately to avoid confrontation. It may include criminal measures (restraining order, ban on communication) and civil measures (home, custody, maintenance), which last 30 days unless family proceedings are issued. We explain this in our guide to the protection order in gender violence cases.

If you are the victim: your role in the fast-track trial

The prosecutor always brings charges, but you are entitled to join the case as a private prosecutor with your own lawyer to propose evidence, request measures and claim compensation. Victims of gender violence are entitled to free legal aid in proceedings arising from the violence they have suffered and can join the case at any time (art. 20 of the Gender Violence Act, LO 1/2004).

The exemption from testifying (art. 416 LECrim)

If you are or have been the accused’s partner, the law allows you not to testify against him. Since LO 8/2021 the exemption does not apply, among other cases, if you are or have been a private prosecutor in the case or if you agreed to testify after being told of your right not to. It is a decision that shapes the evidence; if you are thinking of stepping back, first read what happens if the complaint is withdrawn or dismissed. You can see how we handle the prosecution side in representing women who are victims of gender violence.

If you are the accused: how to approach the fast-track trial

You are protected by the presumption of innocence, and the burden of proof lies with the prosecution. You have the right to a lawyer, to remain silent and for your defence to receive a copy of the police report as soon as urgent proceedings are opened (art. 797.3 LECrim).

• Do not contact the complainant, either directly or through third parties. If there is a restraining order, breaching it is the offence of breach (quebrantamiento), punishable by six months to one year in prison (art. 468.2 CP).
• Keep messages, witness details and any evidence that helps put the facts in context.
• If you need time to prepare your defence, the law allows you to ask for it (art. 800.2).

If all you know is that a complaint exists, start with what to do if you have been reported for gender violence; if you have been through the police station, see what happens when you are arrested for gender violence. This is how we approach the defence of men accused of gender violence.

The fast-track gender violence trial in Alicante

Under LO 1/2025, the former courts have been merged into the Alicante Court of First Instance (Tribunal de Instancia) as sections. Urgent proceedings are handled by the Gender Violence Section, located, according to the Generalitat Valenciana, at Avenida Aguilera, 53 (03007 Alicante). If the detainee cannot be brought before it, the law provides that he goes before the duty court solely to decide on his personal situation (art. 797 bis.2 LECrim). Without a plea agreement, the trial is held before the Criminal Section, where LO 1/2025 provides for judges specialising in these cases.

At our firm we handle fast-track trials on very tight timescales: we review the police report before the statement, prepare the protection order hearing and, when we represent the victim, join the case as private prosecutor. For the accused, we explain clearly what each option entails. Celeste Pérez Bleda has more than 20 years’ experience in criminal law and has assisted more than 800 detainees; our team will assist you in English.

Every case is different. If you would like a lawyer specialising in gender violence in Alicante to look at yours, get in touch: we reply the same day and can assist you in your own language.