Criminal Trial in Spain: Step-by-Step Guide for Defendants

Each year hundreds of thousands of criminal cases are processed in Spanish courts. In 2023 alone, the criminal jurisdiction registered more than 880,000 new cases throughout Spain.

If you have received a complaint, knowing what to expect can make the difference between facing criminal proceedings with confidence or with distress. In the following lines I will explain what a criminal trial in Spain is like, what phases the process has and what you can do to protect yourself starting today.

What exactly is a criminal trial?

A criminal trial is the phase of the criminal process in which a judge or court evaluates the reported facts —that is, the conduct considered to be a crime—, examines the evidence, hears the parties and decides whether or not criminal liability exists.

Such a trial does not usually begin directly. First, an investigation phase or preliminary proceedings are opened, in which the facts are investigated and it is determined if there is sufficient evidence to bring someone to trial. If the Public Prosecutor’s Office, or the private prosecution —or popular prosecution where applicable— consider that there is a case, they request the oral trial. That is where the criminal trial comes into play, where evidence is evaluated, defense is allowed, prosecution and, where appropriate, technical defense by an attorney.

Types of criminal procedures in Spain

The Spanish criminal system distinguishes several types of procedures according to the severity of the crime and the penalty that may be imposed. These are the main ones:

Trial for minor offense

It is the simplest and fastest. It is used for criminal infractions of little severity (such as minor coercion).

What is a criminal procedure like?

The criminal procedure in Spain follows well-defined phases that allow for investigating, prosecuting and resolving crimes. Although there are several types of procedures, the most commonly used is the abbreviated procedure, which applies to crimes punishable by custodial sentences not exceeding 9 years, or with any other penalty, whatever its amount or nature.

This procedure mainly consists of two stages: the investigation phase and the oral trial.

Investigation phase (Preliminary Proceedings)

It is the initial stage of the criminal procedure. Its objective is to investigate the reported facts, determine if they constitute a crime and who are responsible. It is directed by the Investigating Court and can be initiated by complaint, criminal complaint or police report.

During this phase essential evidence is gathered:

• Statements from the defendant and witnesses
• Forensic or expert reports
• Searches, phone taps or inspections (if applicable)
• Identifications or confrontations

If the judge considers that there is insufficient evidence, they issue a dismissal order and the case is archived. If, on the contrary, there is basis to continue, it moves to the intermediate phase, in which the prosecutor and prosecutions file their briefs and the opening of the oral trial is decided.

Intermediate phase: prosecution and defense briefs

Before the trial is held