In a speedy trial (juicio rápido) for a criminal offence, the investigation is carried out at the duty court and the trial must be scheduled within the following 15 days (article 800.3 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). The judgment can be given orally at the trial itself or, at the latest, within the following 3 days (article 802.3). If you accept a plea agreement at the duty court, the judgment is given that same day. In a trial for a minor offence (juicio por delito leve), if it is not held at the duty court, the time limit is 7 days (article 965).
How long a speedy trial takes is the first thing almost everyone asks when they leave a police station or a duty court with a summons in their hand. The law sets very short time limits. We explain what they are, what makes them longer and when the judgment can no longer be appealed.
Two procedures with the same name
People talk about a “speedy trial” for two different procedures under the Criminal Procedure Act (LECrim). It is worth knowing which one you are in, because the time limits change:
| Speedy trial for a criminal offence | Trial for a minor offence | |
|---|---|---|
| Articles | 795 to 803 LECrim | 962 to 977 LECrim |
| Which offences | Offences punishable by up to 5 years’ imprisonment (or other penalties of up to 10 years), with a police report (atestado) and a person arrested or summoned to the duty court | Minor offences: for example, minor injuries, theft caught in the act, or minor threats, coercion or insults |
| When the trial is held | Within the 15 days following the duty court hearing (art. 800.3) | At the duty court itself or, if that is not possible, within no more than 7 days (art. 965) |
| Judgment | Oral at the trial or within 3 days (art. 802.3) | At the end of the trial or within 3 days (art. 973) |
| Appeal | 5 days to file the appeal (art. 803) | 5 days from notification (art. 976) |
If your case is a minor offence, you will find a full explanation in how a speedy trial for a minor offence works.
Speedy trial for a criminal offence: the time limits, step by step
Article 795 LECrim reserves this procedure for offences caught in the act, for a specific list (injuries, threats or coercion within the family, theft, robbery, road traffic offences, certain types of criminal damage, breaking into a home and squatting, among others) or for cases where the investigation is expected to be straightforward. The time limits run as follows:
- Police report and summons. The police arrest the person or summon them to appear before the duty court, and also summon the witnesses (article 796).
- Urgent procedures at the duty court. The court takes statements, requests criminal records and expert or forensic reports, and hears the witnesses. All of this must be done while the court is on duty (article 799.1). In judicial districts where duty shifts are not permanent and last more than 24 hours, a 72-hour extension is possible (article 799.2).
- Committal for trial. If the procedures are sufficient, the duty judge hears the parties and, if the prosecutor or the prosecuting party so requests, sends the case to trial there and then (article 800.1).
- Charges and defence. The prosecutor presents the charges in writing or orally. The defence responds on the spot or, if it so requests, within a period set by the judge within the following 5 days (article 800.2).
- Setting the trial date. The duty court sets the trial date “on the earliest possible date and, in any event, within the following fifteen days” (article 800.3).
- Trial and judgment. The trial is held before the Criminal Section (Sección de lo Penal, the former criminal court). Judgment is given within the 3 days following the hearing (article 802.3), and the judge may announce the verdict orally at the trial itself (article 789.2).
With a plea agreement: judgment the same day
Where there is no private prosecutor (acusación particular) and the sentence sought allows it, you can accept the facts before the duty court itself. The judge gives an oral judgment with the sentence reduced by one third and, if no one intends to appeal, declares it final there and then (article 801). It is the quickest route, but not always the best. We explain it in plea agreements in a speedy trial.
Trial for a minor offence: how long it takes
Here the time limits are even shorter. If everyone summoned appears, or the court considers that someone’s presence is unnecessary, the trial is held on the spot, at the duty court (article 963.1). If that is not possible, the court schedules it for the next working day, “in any event within no more than seven days” (article 965.1).
If the trial cannot be held on the scheduled day for a valid reason, or does not finish in a single session, it must continue within the following 7 days (article 968). Judgment is given at the end of the trial or, if that is not possible, within the following 3 days (article 973.1).
What makes the time limits longer
These circumstances can lengthen the process:
- Insufficient procedures. If the duty judge considers that more investigation is needed, the case stops being a speedy trial and continues as preliminary proceedings (diligencias previas) under the abbreviated procedure (article 798.2). The general investigation period then applies: up to 12 months, extendable for periods of up to 6 (article 324).
- Pending expert reports. Drug analyses, valuations of items or forensic reports that do not arrive in time for the duty court (articles 796 and 797).
- Witnesses who do not appear. If the trial cannot be held or completed for a valid reason, a new date is set, in any event within the following 15 days in a speedy trial (article 802.2).
- Related offences or secrecy orders. If the offence is linked to other offences not included in article 795, or the case must be declared secret, this procedure does not apply (article 795.2 and 3).
- Appeals. While an appeal is pending, the judgment is not final and is not enforced.
The schedule of the court hearing the case also has an effect: the exact date is the one on your summons.
Important: the deadline for appealing a speedy trial judgment is only 5 days, half that of the ordinary abbreviated procedure. If you disagree with the judgment, speak to your lawyer on the same day you are notified of it.
When the judgment becomes final and how to appeal it
A judgment is final when no ordinary or extraordinary appeal can be brought against it, other than review (article 141 LECrim). This can happen in two ways:
- At the trial itself: if, once the verdict is known, the prosecutor and the parties state that they will not appeal, the judge declares the judgment final on the spot (articles 789.2 and 975).
- When the appeal period expires without anyone having filed an appeal.
| Speedy trial for a criminal offence | Trial for a minor offence | |
|---|---|---|
| Appeal | Appeal to the Provincial Court (Audiencia Provincial) | Appeal to the Provincial Court, heard by a single judge |
| Time limit | 5 days to file the appeal (art. 803.1) | 5 days from notification (art. 976.1) |
| Appeal judgment | 3 days after the hearing or 5 from receipt of the case file, with priority handling (art. 803.1) | 5 days after the hearing or 10 from receipt of the case file (art. 792.1) |
| Further appeal | Cassation (casación) only in the cases set out in article 847 (art. 792.4) | None (art. 977) |
A useful detail: within 3 days of notification you can request a copy of the trial recording, and the appeal period is suspended until it is given to you (article 790.1). As soon as the judgment is final, it is enforced (article 803.3). To prepare an appeal, see our service as a criminal appeals lawyer in Alicante.
Speedy trials in Alicante
Following Organic Act 1/2025, the former investigating and criminal courts are now Sections of the Court of First Instance (Tribunal de Instancia). The urgent procedures are carried out at the duty court of the judicial district where the events occurred, and the trial is then held before the Criminal Section. According to the Generalitat Valenciana directory of courts, the Alicante Duty Court is at Avenida de Aguilera, 53, and the Elche Duty Court is at calle Abogados de Atocha, 21. The other court buildings in the province are listed in our guide to the criminal courts of Alicante.
At the duty court, time is very short: the prosecutor brings the charges and you have to decide very quickly whether to accept a plea agreement or go to trial. That is why we are with you from that first moment. We read the police report, check the evidence and explain the time limits ahead of you. Celeste Pérez Bleda has more than 20 years’ experience in criminal law and has assisted more than 800 detainees, and our team will assist you in English. If the case involves gender violence, we deal with it on our website specialising in gender violence.
Frequently asked questions
How many days pass between the duty court and the speedy trial?
The Criminal Procedure Act requires the duty court to schedule the trial on the earliest possible date and, in any event, within the following 15 days (article 800.3). If you accept a plea agreement at the duty court itself, there is no later trial: judgment is given that same day. If the case becomes preliminary proceedings, the time limits are considerably longer.
Will I get the judgment on the same day as the speedy trial?
Possibly. The judge can give an oral judgment at the end of the trial and write it up afterwards (article 789.2 LECrim). If not, the judge has 3 days to give it (article 802.3). If the prosecutor and the parties state at that moment that they will not appeal, the judgment becomes final on the spot.
How long do I have to appeal a speedy trial judgment?
You have 5 days to file the appeal, under article 803.1 of the Criminal Procedure Act. In a trial for a minor offence, the time limit is also 5 days from notification (article 976). If you request a copy of the trial recording within the first 3 days, the time limit is suspended until it is given to you.
When does a speedy trial judgment become final?
It becomes final when it can no longer be appealed: either because all the parties waive their right to appeal at the trial itself and the judge declares it final on the spot, or because the 5 days pass without anyone appealing. If someone appeals, it will be final when the Provincial Court decides the appeal, except in cases where cassation is available.
If you have a summons for a speedy trial or have just left the duty court, tell us about your case. We explain where you stand, what time limits remain and what options you have. Our team will assist you in English. You will find more information on our service as a speedy trial lawyer in Alicante, and you can call us or message us on WhatsApp on 607 449 491, 24 hours a day.
Legal basis and sources
- Criminal Procedure Act: arts. 141, 324, 789 to 792 and 795 to 803 (speedy trial) and 962 to 977 (trial for a minor offence)
- Organic Act 6/1985 on the Judiciary: art. 82 (jurisdiction of the Provincial Courts)
- Organic Act 1/2025 on measures for the efficiency of the Public Justice Service
- Generalitat Valenciana: Alicante Duty Court
- Generalitat Valenciana: Elche Duty Court
