A speedy trial for a minor crime is a simple, short trial, governed by Articles 962 to 977 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim), which deals with offences such as theft of less than €400, a minor threat or a shove without injury. It is often held at the duty court itself or within a few days, and the penalty is usually a fine. But being quick does not make it a formality: a conviction leaves a criminal record.
It is worth clarifying something from the outset: in everyday language, the term “speedy trial” (juicio rápido) is used for two different procedures. We explain both so that you know which one you are facing.
Two different procedures
- The trial for a minor crime (juicio por delito leve, Arts. 962 to 977 LECrim): for what used to be “trials for minor offences” (juicios de faltas), which since 2015 have been minor crimes. It is heard by the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia, formerly the juzgado de instrucción).
- The fast-track trial of crimes (enjuiciamiento rápido de delitos, Arts. 795 to 803 LECrim): for less serious crimes, such as criminal drink-driving or theft of more than €400, where there has been an arrest or a police report and the investigation is straightforward. We explain it further below and on our page on the speedy trial in Alicante.
If you are not sure what a minor crime is, first read the differences between crimes and minor offences.
How the trial for a minor crime works
1. The summons
In cases of minor bodily harm or physical assault without injury, theft caught in the act, threats, coercion or minor insults, the police themselves summon all the parties to the duty court (juzgado de guardia) (Art. 962). For other minor crimes, the police send the report to the court and the court decides. The summons will inform you in writing of the facts and of your right to attend with a lawyer, and you will be asked for an email address and a telephone number for notifications.
2. Dismissal or trial?
The judge may dismiss the case if the public prosecutor requests it because the act is of very minor seriousness and there is no relevant public interest in prosecuting it; in minor property crimes, for example, where the damage has been made good and the injured party has not filed a complaint (Art. 963). Otherwise, the trial is held at the duty court itself or listed for the next working day, within a period of no more than seven days (Art. 965).
3. The trial
It is public and oral. The complaint is read out, the prosecution witnesses give evidence, the accused and their witnesses are heard, and any admitted evidence is examined: videos, medical reports, messages, receipts. You must bring all your evidence on the day; there is usually no second chance. For crimes that are only prosecuted following a complaint by the injured party, the public prosecutor may not attend and the complainant’s statement serves as the accusation (Art. 969.2).
4. What if I do not attend?
If you have been properly summoned, your unjustified absence does not suspend the trial: you can be tried and convicted without being heard (Art. 971). If you live outside the judicial district, you may choose not to attend and send a written defence or grant a lawyer power of attorney to submit your arguments and evidence (Art. 970). Failing to appear without good reason can also result in a fine of €200 to €2,000 (Art. 967.2).
5. The judgment and penalties
The judge delivers judgment at the end of the trial or within the following three days (Art. 973). The penalties for minor crimes are mainly a fine of up to three months, home detention (localización permanente) of up to three months or community service of up to thirty days (Art. 33.4 of the Criminal Code, Código Penal). There is no prison sentence. In addition, you may be ordered to pay compensation for the damage caused.
6. The appeal
You can appeal to the Provincial Court (Audiencia Provincial) within five days of notification (Art. 976). The deadline is short: if you disagree, find a lawyer immediately. We can help you with criminal appeals.
Do I need a lawyer?
For most minor crimes it is not compulsory, but it is when the fine sought reaches six months or more (Art. 967.1). Even when it is not compulsory, a lawyer checks whether the facts really amount to a crime, prepares the questions for the witnesses, challenges defective evidence and, where appropriate, argues for dismissal. And if you are the victim, they can help you claim compensation.
The speedy trial for (non-minor) crimes
The procedure under Articles 795 et seq. applies to crimes punishable by up to five years’ imprisonment (or by other penalties of up to ten years) where proceedings begin with a police report and, in addition, the crime is flagrant, the investigation is straightforward or it is one of the crimes listed in the law: theft, robbery, road safety offences, criminal damage under Article 263, certain offences against public health and, since 3 April 2025 under Organic Act 1/2025, also trespass in a dwelling (allanamiento de morada) and unlawful occupation (usurpación) of property.
The urgent investigative steps are carried out at the duty court and, if the case is sent to trial, the trial before the Criminal Section of the Court of First Instance (Sección de lo Penal del Tribunal de Instancia) must be listed within the following fifteen days (Art. 800.3).
The key is the plea agreement (conformidad): if you admit the facts at the duty court and the requirements of Article 801 are met (a crime punishable by up to three years’ imprisonment and a requested sentence which, once reduced by a third, does not exceed two years), you receive the requested sentence reduced by a third, and it can usually be suspended if you have no criminal record. It is a good way out in some cases and a bad decision in others: never accept it until a lawyer has reviewed the police report. Typical cases are drink-driving, theft and robbery and the unlawful occupation of homes.
Cases of violence against women have their own court and specific rules; we deal with them at abogadaviolenciadegenero.com.
Tips if you have been summoned
- Read the summons carefully: what you are accused of, date, time and place.
- Do not fail to attend without good reason.
- Gather evidence and witnesses and bring them on the day.
- Consult a lawyer beforehand, not at the courthouse door.
- If you are convicted and disagree, remember: you have five days to appeal.
Frequently asked questions
Does a minor crime leave a criminal record?
Yes. It is expunged six months after the sentence has been served, provided you do not reoffend (Art. 136 of the Criminal Code).
How much is the fine?
It is set in days or months multiplied by a daily amount that depends on your financial means. That is why it is important to provide evidence of your actual income.
If you have been summoned to a trial for a minor crime or a speedy trial in Alicante, call us on 607 449 491. We will go through the summons with you and explain your options before the trial.
