Plea agreement in Spain: what it is, sentence reduction and consequences

The plea agreement (conformidad) is one of the most common ways of bringing criminal proceedings to an end in Spain. It avoids a trial, but it means accepting a conviction. It is therefore a decision to be taken with full information, weighing the advantages against the consequences.

What is a *conformidad*?

It is the acceptance by the accused, with their lawyer present, of the facts, the legal characterisation and the sentence set out in the prosecution's statement of charges. On that basis the judge gives judgment without holding a trial.

In practice it is usually the result of negotiation between the defence and the prosecution over the facts and the sentence. But one point should be clear from the start: a judgment given on a conformidad is a conviction. It may be declared final there and then if, once the decision is known, the prosecutor and the parties state that they will not appeal; otherwise, finality depends on the rules applicable to appeals (article 785.9 and 10 LECrim).

When can it be given?

• During the investigation: if the person under investigation, assisted by a lawyer, admits the facts before the judge and the sentence falls within the limits of the fast-track procedure, the case may be redirected to allow a plea agreement with a reduced sentence (article 779.1.5 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim).
• At the [fast-track trial](article:judici-rapid), before the duty court (article 801 LECrim).
• In the defence statement, also signed by the accused, or in a joint document signed with the prosecution before trial (article 784.3 LECrim).
• At the preliminary hearing of the abbreviated procedure, a pre-trial step introduced by Organic Act 1/2025 (article 785.4 LECrim).
• At the start of the trial, before evidence is taken.

Following the reform introduced by Organic Act 1/2025, in force since 3 April 2025, a plea agreement in the abbreviated procedure is no longer subject to the six-year prison limit set by the previous rules.

The plea agreement at the fast-track trial: a one-third reduction

At a fast-track trial, a plea agreement given before the duty court meeting the requirements of article 801 LECrim allows the sentence sought to be imposed reduced by one third. Not every plea agreement carries that statutory reduction. Article 801.1 LECrim requires that:

• "1. No private prosecution has been constituted, the Public Prosecutor has applied for the trial stage to be opened and, once the duty judge has so ordered, has filed the statement of charges there and then.
• 2. The facts charged have been characterised as an offence punishable by up to three years' imprisonment, by a fine of any amount, or by another penalty of a different kind not exceeding 10 years.
• 3. Where the penalty is custodial, the sentence sought, or the sum of the sentences sought, does not exceed two years' imprisonment once reduced by one third."

If there is a private prosecution, the accused may accept the most serious of the charges in the defence statement (article 801.5 LECrim).

The judge imposes the sentence sought, reduced by one third, even where the result is below the minimum set by the Criminal Code (article 801.2 LECrim). For example, a request for eighteen months' imprisonment would come down to twelve.

This reduction is tied to that procedural moment. If the agreement is not given then, it can still be reached later, but without the statutory one-third reduction.

In addition, for the purposes of suspending a prison sentence, the requirement to have paid compensation is treated as met by the accused's undertaking to pay it within the period set by the court (article 801.3 LECrim).

What safeguards does the accused have?

• The judge checks that the characterisation accepted is correct and that the sentence is lawful. If it is not, no judgment is given on that basis unless the charges are corrected and the accused accepts them again (article 785.5 and 6 LECrim).
• The judge informs the accused of the consequences and asks whether the agreement is given freely. If there is any doubt, the judge orders the trial to go ahead (article 785.7 LECrim).
• The trial may also go ahead if defence counsel considers it necessary and the judge finds the request well founded (article 785.7 LECrim).
• The lawyer must give the client written information about the agreement reached (article 785.7 LECrim).

The Public Prosecutor, for their part, must first hear the victim in certain cases, for instance where the offence is particularly serious or the victim is especially vulnerable (article 785.4 LECrim).

What are the consequences of accepting?

• A conviction is entered which, once final, creates a criminal record.
• It usually includes civil liability as well, that is, compensation to the victim.
• If all parties state that they will not appeal, the judge declares the judgment final there and then (article 785.9 LECrim).
• A judgment given on a plea agreement can only be appealed where it fails to respect the requirements or the terms agreed, not on the merits (article 785.10 LECrim).

Is it worth accepting?

There is no general answer. A plea agreement can mean a lower and more predictable sentence, avoid the uncertainty and strain of a trial and, at times, make it easier to have the sentence suspended. In exchange, it means giving up the chance to defend the case at trial and accepting a conviction.

The decision is always the accused's. It is advisable to take legal advice first, to weigh the strength of the case, the available evidence and the alternatives before accepting any proposal.

What to do if you are offered a plea agreement

• Do not accept any proposal before reviewing the statement of charges and the evidence with your lawyer.
• Ask what the specific sentence will be and whether it can be suspended.
• Find out the amount of compensation and the time allowed to pay it.
• Bear in mind the effects of a criminal record, for example at work.