Speedy trial lawyer in Alicante

What a speedy trial is

The speedy trial, which the law calls the procedure for the speedy trial of certain offences (procedimiento para el enjuiciamiento rápido de determinados delitos), allows a case to be investigated and tried in days or weeks instead of months. It applies to offences punishable by imprisonment not exceeding five years, or by other penalties not exceeding ten years, when several conditions are met at the same time (Article 795 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal):

• The proceedings begin with a police report (atestado) and the person has been arrested or summoned by the police to appear before the duty court.
• In addition, it is a flagrant offence, an offence whose investigation is presumed to be simple, or one on the statutory list: bodily harm, coercion, threats or habitual violence within the family, theft, robbery, joyriding and theft of vehicles, road traffic safety offences, certain types of criminal damage, certain offences against public health, flagrant offences against intellectual and industrial property, trespass to a dwelling and unlawful occupation.

It does not apply if the offence is connected with others that are not on that list, or when the proceedings are declared secret.

The most common cases we see in Alicante involve drink-driving and other driving offences and robbery and theft. If the matter concerns gender-based violence, see our specialist website abogadaviolenciadegenero.com.

How a speedy trial works

Everything starts at the Investigating Section of the Court of First Instance (Tribunal de Instancia) that is on duty, formerly the duty court (juzgado de guardia). You arrive under arrest or summoned by the police, and the judge opens urgent proceedings (diligencias urgentes). During the duty period your criminal record, any expert or forensic reports needed, your statement and those of the witnesses are gathered (Article 797). If you have been arrested, our page on 24-hour assistance if you are arrested explains what happens before you reach the court.

The judge then hears the parties and decides (Article 798):

• To close the case, if the act is not an offence or has not been substantiated.
• To continue as a speedy trial, if the investigation is sufficient.
• To move to preliminary proceedings under the abbreviated procedure (diligencias previas del procedimiento abreviado), if further investigation is needed.

If the case is sent to trial, the public prosecutor files the charges on the spot and the defence may respond immediately or ask for up to five days to file its defence brief (Article 800). The trial is set for the earliest possible date and, in any event, within the following fifteen days, before the Criminal Section (Sección de lo Penal). Along the way, a precautionary measure may also be raised, such as a restraining order or the provisional suspension of your driving licence.

Plea agreement: a one-third reduction in the sentence

At the duty court you are often offered a plea agreement (conformidad): you admit the facts and accept the sentence requested by the public prosecutor. In return, the judge imposes that sentence reduced by one third, even if it falls below the statutory minimum (Article 801.2). Among other requirements:

• No private prosecutor may have joined the proceedings, and the public prosecutor must have filed charges on the spot.
• The offence must be punishable by up to three years’ imprisonment, by a fine or by another penalty not exceeding ten years.
• If the penalty is imprisonment, the sentence requested, once reduced by one third, must not exceed two years.

What many people don’t know is that a plea agreement is a final conviction and results in a criminal record. It can be worthwhile when the evidence is strong, because the reduction is significant and a prison sentence of up to two years can be suspended if it is your first offence (Article 80 of the Criminal Code, Código Penal). In a speedy trial it is enough to undertake to pay the civil liability within the period set by the judge (Article 801.3). But if the evidence is weak, accepting may be a mistake. That is why we review the police report before advising you. For when such a record is removed, see our page on clearing a criminal record.

Trial for a minor offence

Minor offences (delitos leves), formerly known as misdemeanours (faltas), are those punishable by minor penalties, such as a fine of up to three months (Articles 13.3 and 33.4 of the Criminal Code). Common examples: theft of goods worth up to 400 euros, punishable by a fine of one to three months unless there are aggravating circumstances (Article 234.2), or injuries that do not require medical treatment (Article 147.2).

The police summon everyone to the duty court and the trial may be held that same day, even if someone fails to appear. If that is not possible, it is set within no more than seven days (Articles 962 to 965). You must attend with your evidence: witnesses, photographs, medical reports or receipts. Anyone summoned as a party who fails to appear without good cause may be fined between 200 and 2,000 euros (Article 967.2).

A lawyer is not compulsory for most minor offences, unless the maximum limit of the fine provided for is at least six months (Article 967.1). Even so, a conviction for a minor offence also leaves a criminal record, which is cancelled six months after the sentence has been served (Article 136 of the Criminal Code). The judgment can be appealed within five days (Article 976). We explain this in more detail in the article how a speedy trial for a minor offence works.

How we defend you in a speedy trial

1. We go with you to the duty court and request a copy of the police report and of the whole case file, to which you are entitled.
2. We analyse the evidence: identification, cameras, witnesses, breath tests and the lawfulness of the arrest.
3. We assist you during your statement and propose the investigative steps that work in your favour.
4. We assess with you, based on the facts, whether a plea agreement or going to trial is the better option.
5. If we go to trial, we prepare the defence and the witnesses within the statutory time limit.
6. We apply for suspension of the sentence where appropriate and explain its conditions to you.

If you are the victim or injured party

In a speedy trial the injured party also has rights: they can join the proceedings as a private prosecutor (acusación particular), submit evidence and claim compensation for the damage. Since a plea agreement with a reduction requires that no private prosecutor has joined the proceedings, joining in time changes how the case unfolds. We explain this on our page on private prosecution for victims.