Fast-track criminal trial in Spain: when it applies and how it works

The fast-track trial (juicio rápido) is one of the most common criminal procedures in the daily work of the Spanish courts. Its name reflects its main feature: the investigation is compressed into a few hours at the duty court (juzgado de guardia), and the trial may be held within days. That speed has advantages, but it also means important decisions must be taken very quickly. It is worth knowing how it works.

What is a fast-track trial?

It is the usual name for the procedure for the rapid trial of certain offences, governed by articles 795 to 803 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim). In this procedure the duty court carries out the urgent proceedings (diligencias urgentes) provided for this route, on the basis of the police report and the earlier police steps. If those proceedings are not sufficient, the case may continue as a preliminary investigation under the abbreviated procedure.

Where the law does not provide otherwise, the rules of the abbreviated procedure apply (article 795.4 LECrim).

When does it apply?

Several requirements must be met (article 795.1 LECrim).

Requirements as to the penalty and how the case starts:

• The offence must carry a custodial sentence of no more than five years, or other penalties of no more than ten years.
• The case must begin with a police report (atestado). As a general rule, it therefore does not apply where proceedings start with a complaint filed directly at court.
• The police must have arrested a person and brought them before the duty court or, without arresting them, summoned them to appear there as the person reported.

In addition, one of the following must apply:

1. The offence is committed in flagrante. An offence is treated as such where it was being committed, or had just been committed, when the offender is caught in the act. This covers not only someone arrested while committing the offence, but also someone arrested or pursued immediately afterwards, if the pursuit continues without interruption while the offender remains within immediate reach of those pursuing them. It also covers a person caught immediately after an offence with proceeds, instruments or traces suggesting their involvement.

2. The offence is one of the following:

• a) Bodily harm, coercion, threats or habitual physical or psychological violence against the persons referred to in article 173.2 of the Criminal Code.
• b) Theft.
• c) Robbery.
• d) Taking a vehicle without authority.
• e) Road safety offences.
• f) Criminal damage under article 263 of the Criminal Code.
• g) Offences against public health under article 368, second sentence, of the Criminal Code.
• h) In flagrante offences against intellectual and industrial property under articles 270, 273, 274 and 275 of the Criminal Code.
• i) Breaking into a dwelling under article 202 of the Criminal Code.
• j) Unlawful occupation of property under article 245 of the Criminal Code.

3. The offence is one whose investigation is likely to be straightforward.

Breaking into a dwelling and unlawful occupation were added to this list with effect from 3 April 2025. In the case of unlawful occupation, only the form committed with violence or intimidation is tried this way (article 245.1 of the Criminal Code). The peaceful occupation of premises that are not a dwelling (article 245.2) is a minor offence and follows its own procedure.

The fast-track trial does not apply:

• To offences connected with others that fall outside these categories (article 795.2 LECrim).
• Where the proceedings must be declared secret (article 795.3 LECrim).

How it starts: the role of the police

The police must carry out certain steps within the time strictly required and, in any event, during the arrest (article 796 LECrim). These include:

• Informing the person concerned of their right to appear before the duty court with a lawyer. If they do not expressly state that they will attend with their own lawyer, the police will request a duty lawyer.
• Summoning the person reported, if not under arrest, to appear before the duty court on the day and at the time indicated, warning them of the consequences of not attending.
• Summoning witnesses and, where relevant, the insurers who may be liable in damages.
• Sending any seized substances for analysis and obtaining the results, which must reach the duty court before the hearing. If an item must be valued and cannot be sent to the court, the expert may report orally before the duty judge.

If the person summoned does not attend the duty court, the judge may turn the summons into an arrest warrant (article 797.1.3 read with article 487 LECrim). What a court summons involves, and what rights the person receiving it has, is covered in a separate article.

What happens at the duty court?

Once the police report is received, the duty court will open urgent proceedings where appropriate and take the steps it considers relevant (article 797 LECrim). These include:

• Obtaining the criminal record.
• Questioning the person under investigation, with the same safeguards as at any first hearing.
• Questioning witnesses.
• Ordering forensic medical examinations, expert reports or confrontations of witnesses where appropriate.

To safeguard the right to a defence, the judge will order that the lawyer be given a copy of the police report and of everything done at the duty court (article 797.3 LECrim). This is the key moment for the defence to learn exactly what is alleged and on what evidence.

All these steps must be taken during the duty shift itself (article 799.1 LECrim). Exceptionally, in judicial districts where the duty service is not permanent and lasts more than 24 hours, the judge may extend the period by a further 72 hours where the police report was received within the 48 hours before the end of the shift (article 799.2 LECrim).

What can the duty judge decide?

Once the steps have been taken and the parties heard, the judge may (article 798 LECrim):

• Continue as a fast-track trial, if the steps taken are sufficient. This is decided by an oral ruling, against which there is no appeal.
• Order a [dismissal](article:sobreseiment), if the facts do not amount to an offence or are not sufficiently established.
• Try the facts immediately as a minor offence, if they are not serious enough to be an offence proper.
• Convert the case into preliminary proceedings of the abbreviated procedure, if the steps taken are insufficient, giving reasons and stating what remains to be done.

What if the trial stage is opened?

If the case continues, the judge hears the Public Prosecutor and the parties on whether to open the trial stage or dismiss the case (article 800 LECrim). Once the trial stage is opened, if there is no private prosecution, the prosecutor brings the charges immediately, in writing or orally. If the victim has joined as a private prosecutor, all charges must be filed in writing within two days (article 800.4 LECrim).

From that point, the accused has two options:

• Accept the charges (conformidad) at the duty court itself. This has significant consequences and is covered in a separate article on the plea agreement.
• Contest the charges and file a defence statement, either on the spot or within the time set by the judge, which cannot exceed five days. It is important not to let that period pass: if the statement is not filed, the step is lost and the scope for proposing evidence at trial is significantly reduced (article 800.6 LECrim).

Once the defence statement has been received, or the time for filing it has expired, the court responsible for the trial proceeds under the rules of the preliminary hearing of the abbreviated procedure, with the particular features of the fast-track route as regards listing and the summonses already issued (articles 785 and 800.6 LECrim).

The duty court will list the trial for the earliest possible date and, under article 800.3 LECrim, within the fifteen days following the listing made at that stage. It is held before the criminal division of the court of first instance, formerly the criminal court (article 800.3 LECrim).

The parties may ask the duty court to summon the witnesses or experts they intend to call at trial (article 800.7 LECrim). This matters in practice: the defence evidence must be prepared from the outset.

What is the trial like, and when is judgment given?

The trial follows the rules of the abbreviated procedure (article 802.1 LECrim). If for good reason it cannot be held on the listed day or finished in a single session, it must resume within the following fifteen days. Judgment must be given within three days of the end of the hearing (article 802.3 LECrim).

Can the judgment be appealed?

Yes. An appeal lies against the judgment, with shortened time limits: five days to file the notice of appeal and five days for the other parties' submissions. It is dealt with as a priority (article 803.1 LECrim).

What to do if you are summoned to a fast-track trial

• Always attend the duty court on the day and at the time indicated.
• Contact a lawyer as soon as possible, ideally before the hearing.
• Bring any documents connected with the facts, such as medical reports, invoices, photographs or messages.
• Identify potential witnesses who could give evidence in your favour, so they can be summoned in time.
• Take legal advice before giving a statement or making any decision about accepting the charges.