A plea agreement (conformidad) in a speedy trial means accepting the facts and the sentence sought by the prosecutor before the duty court (juzgado de guardia). In return, article 801 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) requires the judge to reduce the sentence by one third. It is only available if the offence carries up to 3 years’ imprisonment, a fine of any amount or another penalty of up to 10 years, and if the prison term sought, once reduced, does not exceed 2 years. The judgment is final on the spot and creates a criminal record.
A plea agreement in a speedy trial is one of the most important decisions in the process, and it is almost always taken within a few hours, at the duty court. Used well, it reduces the sentence and closes the matter that day; used badly, it leaves you with a conviction you might have avoided. We explain what you gain and what you risk.
What a plea agreement is and why there is a one-third reduction
The speedy trial (juicio rápido, articles 795 to 803 of the Criminal Procedure Act) is used for offences carrying up to five years’ imprisonment, or other penalties of up to ten years, where there is a police report (atestado) and the case is straightforward (drink-driving, theft, robbery, criminal damage, squatting, etc.). When the duty judge sends the case to trial, the prosecutor presents the charges there and then, and you can choose between two routes (article 800.2):
- Accept a plea agreement: you accept the facts, the legal classification and the sentence sought, and the judge gives judgment on the spot.
- Do not accept: you present your defence and are summoned to trial before the Criminal Section (Sección de lo Penal), in principle within the following fifteen days (article 800.3).
If you accept a plea agreement at the duty court, article 801.2 requires the judge to impose “the sentence sought reduced by one third, even where this means imposing a sentence below the minimum laid down in the Criminal Code”. It is a statutory reduction, not a favour from the prosecutor.
Requirements under article 801
A plea agreement at the duty court requires all of the following:
- The prosecutor must have asked for the case to go to trial, the judge must have agreed and the prosecutor must have presented the indictment there and then.
- The offence must carry a sentence of up to three years’ imprisonment, a fine of any amount or another type of penalty not exceeding ten years (for example, a driving ban).
- If imprisonment is sought, the sentence or total sentences sought must not exceed two years once reduced by one third; in other words, no more than three years sought.
- There must be no private prosecutor (acusación particular) in the case. If there is one, you can agree in your defence submission to the most serious charge (article 801.5).
The judge also checks that the legal classification is correct, the sentence lawful and your agreement freely given. Article 801.2 refers to the review under article 787; since Organic Act 1/2025, the rules on plea agreements in the abbreviated procedure are now in articles 785 and 787 ter.
An example with figures
If the prosecutor seeks 9 months’ imprisonment and an 18-month driving ban, with a plea agreement these become 6 and 12 months: the reduction applies to each penalty. We apply this to a traffic case in the drink-driving speedy trial in Alicante.
At the duty court or at the Criminal Section
| Plea agreement at the duty court (art. 801) | Plea agreement before the Criminal Section (arts. 785 and 787 ter) | |
|---|---|---|
| When | At the same hearing at which the prosecutor brings charges, at the duty court | At the preliminary hearing or at the start of the trial, before evidence is heard |
| One-third reduction | Yes, required by law | No automatic reduction; you accept the sentence in the most serious indictment or in a new agreed indictment |
| Sentence limit | Up to 3 years’ imprisonment sought (2 years after the reduction) | The general limit for the abbreviated procedure |
| Judgment | Oral, and final on the spot if no one appeals | Oral, and final on the spot if no one appeals |
There is an intermediate route: if during the investigation of preliminary proceedings (diligencias previas) you admit the facts before the judge, assisted by a lawyer, and the sentence falls within the limits of article 801, the judge can redirect the case to a speedy trial so that you can accept a plea agreement with the reduction (article 779.1.5.ª).
The consequences of accepting a plea agreement
A final judgment, with almost no appeal
If no one appeals, the judge declares the judgment final on the spot. A judgment by plea agreement can only be appealed if the requirements or the terms of the agreement were not respected; you cannot challenge it on the merits if you accepted freely.
Criminal record
It is a conviction: it is entered in the Central Register of Convicted Persons (Registro Central de Penados) and creates a criminal record until it is cleared, within the periods in article 136 of the Criminal Code (from six months to ten years after the sentence is extinguished). We explain how to clear it on our criminal records page.
Suspension of the prison sentence
If the sentence is imprisonment, the judge decides there and then whether to suspend it. Article 80 of the Criminal Code allows sentences of up to two years to be suspended where it is reasonable to believe you will not reoffend and, as a rule, if it is your first offence. To make this easier, article 801.3 treats your undertaking to pay the civil liability within the period set by the court as sufficient.
Civil liability
The plea agreement includes compensation for the harm caused (article 109 of the Criminal Code): repairs, an injured person’s days off work or the value of what was taken. Check that figure before accepting, because it is also fixed.
Important: in practice, a plea agreement is irreversible. Once the final judgment has been given, you can no longer challenge the evidence, raise procedural nullities or seek an acquittal. That is why you should not accept it without having read the police report with your lawyer.
When it makes sense and when it does not
It usually makes sense if…
- The evidence is strong: a very high reading, clear footage, witnesses without contradictions.
- The reduction takes you below an important threshold: two years’ imprisonment so that the sentence can be suspended, or a two-year driving ban so that your licence does not lose its validity.
- You want to close the matter that day and avoid the uncertainty of a trial.
Think very carefully if…
- The evidence is weak: doubtful identification, conflicting accounts or no independent witnesses.
- There may be procedural nullities: a search without authorisation, a breathalyser without valid calibration, an arrest without your rights being read.
- The facts in the indictment are not what happened: you would be accepting that account too.
- You are a foreign national: the consequences go beyond the sentence.
If you are a foreign national: expulsion and residence
For a foreign national, a plea agreement can weigh more heavily than the sentence itself:
- Criminal expulsion: article 89 of the Criminal Code provides that prison sentences of more than one year imposed on a foreign national are replaced by expulsion, unless this would be disproportionate given their ties to Spain. EU citizens are only expelled where there is a serious threat to public order or public security. It bars return for five to ten years.
- Administrative expulsion: the Immigration Act (Ley de Extranjería) provides for the expulsion of anyone convicted of an intentional offence with a prison sentence of more than one year, unless the criminal record has been cleared (article 57.2 of Organic Act 4/2000).
- Residence: to obtain temporary residence you must have no criminal record, and any record is assessed on renewal (article 31 of the same Act).
Sometimes the reduction brings the prison term down to one year or less and avoids expulsion; in other cases, going to trial is better. We look at this on our page for a criminal lawyer for foreign nationals.
Plea agreements in speedy trials in Alicante
In Alicante, since 31 December 2025, the former courts are Sections of the Court of First Instance (Tribunal de Instancia, Organic Act 1/2025), but plea agreements are still negotiated at the duty court, on the day of the summons or when you are brought before the judge after an arrest. The prosecutor presents the charges in writing or orally at that moment (article 800.2), and the window for talking to the prosecutor and to your lawyer is a matter of minutes or hours.
Celeste Pérez Bleda has assisted more than 800 detainees in more than 20 years of criminal practice. We read the full police report, look for flaws in the evidence or the procedure, check that the sentence sought is correct and, if there is room, talk to the prosecutor to adjust the legal classification before the reduction is applied.
The final decision is yours. We give you our professional opinion, but you are the one who agrees, and the judge will ask whether you do so freely. Our team will assist you in English. If the matter involves gender violence (with your partner or former partner), we deal with it on our website specialising in gender violence.
Frequently asked questions
Is a plea agreement the same as pleading guilty?
In practice, yes: you admit the facts described in the indictment and accept the sentence. The difference is that in a speedy trial that acceptance carries a statutory reward, the one-third reduction under article 801 of the Criminal Procedure Act. The judgment is a conviction, creates a criminal record and can only be appealed if the terms of the agreement were not respected.
Can I change my mind after accepting a plea agreement?
Before the judge gives judgment, yes: you can say you do not accept, and the judge must also check that your agreement is freely given. Once the judgment by plea agreement has been given and declared final, you cannot appeal it on the merits. Clear up any doubts with your lawyer before you go into the courtroom.
Will I go to prison if I accept a plea agreement?
Not necessarily. Many offences tried this way provide for a fine or community service as an alternative to prison. If the sentence is imprisonment of up to two years, the judge can suspend it under article 80 of the Criminal Code, especially if it is your first offence and you undertake to pay the compensation. If it is not suspended, you would have to serve it.
Can I accept a plea agreement if there is a private prosecutor?
Yes. If the victim has joined the case as private prosecutor, article 801.5 allows you to agree in your defence submission to the most serious of the charges brought, keeping the one-third reduction if the other requirements are met. The private prosecutor has a maximum of two days to file their indictment.
What happens if I do not accept?
You are summoned to trial before the Criminal Section, in principle within the following fifteen days, and the evidence is heard there. You may be acquitted or convicted, but if you are convicted the one-third reduction does not apply, as it only exists at the duty court. In how a speedy trial works we explain the rest of the procedure.
If you have been offered a plea agreement and do not know whether to accept it, message us on WhatsApp before you decide. Our team will assist you in English. We accompany you at the duty court through our service as a speedy trial lawyer in Alicante. We are available 24 hours a day on WhatsApp at 607 449 491.
