The Criminal Trial in Spain: How It Unfolds and How the Defence Is Prepared (2026)

The trial (juicio oral) is the decisive stage of any Spanish criminal case: everything the investigation has gathered over months is tested, in one or several sessions, against the only evidence that truly counts, the evidence produced before the court that will deliver the judgment. Understanding what happens on the day, who takes part and, above all, which decisions the defence takes in the preceding weeks is essential to face it with guarantees.

What is decided at trial and why it changes everything

The presumption of innocence enshrined in Article 24.2 of the Spanish Constitution can only be overcome by incriminating evidence produced at trial, in public, before the judges and under adversarial conditions. Article 741 LECrim sums it up: the court decides by assessing, according to its conscience, the evidence produced at the trial, the arguments of prosecution and defence and the statements of the accused themselves.

The practical consequence is enormous: what was said at the police station or before the investigating judge is not, on its own, evidence on which to convict. Whatever is not brought to the trial essentially does not exist. The exception is narrow: Article 730 LECrim allows the reading or reproduction of investigative steps that cannot be repeated at trial for reasons beyond the parties' control, and the playback of the recorded statement of a victim or witness taken as pre-constituted evidence during the investigation.

The defence is built beforehand: intermediate phase and defence brief

In the abbreviated procedure, once the case is sent to trial the accused is summoned to appear with a lawyer and court agent and the defences are then given a common ten-day period to file the defence brief answering the accusations (Article 784 LECrim). That brief fixes the position on the facts and the legal classification and, crucially, proposes the defence evidence.

Crucially, the window closes for good: once it lapses, the defence may only propose evidence that it physically brings to the hearing itself to be examined there (Article 784 LECrim). This is why the strategic decisions are taken at this point:

• Witnesses: who genuinely adds value and what risks each one creates under cross-examination.
• Expert evidence: counter-reports on medical, financial or technological issues challenging the official expert.
• Documents: messages, contracts, records or media supporting the defence case.
• The accused's testimony: whether to testify, to answer only defence counsel's questions or to remain silent, a choice protected by the right not to incriminate oneself (Article 24.2 of the Constitution).

Preliminary hearing and preliminary objections

After the recent procedural reform, the abbreviated procedure includes a preliminary hearing held before the trial (Article 785 LECrim). There the parties may raise the possibility of a plea agreement, the court's jurisdiction, the violation of fundamental rights to seek the exclusion of unlawful evidence, preliminary points of law, grounds for suspending the trial and the nullity of the proceedings or of the proposed evidence; the court also admits or rejects the evidence and rules, as a general rule, orally. No direct appeal lies against that ruling, but the defence may place a formal objection on the record and raise the issue again when appealing the judgment (Article 785.3 LECrim). Once the trial sessions begin, only documents or newly discovered evidence may be added (Article 787.3 LECrim). We explain this initial filter in detail in our guide to preliminary objections in Spanish criminal trials.

The plea agreement (conformidad): a strategic decision, not a surrender

The conformidad is the agreement by which the accused accepts the facts and a specific sentence and avoids the trial. It currently works as follows:

• Abbreviated procedure: at the preliminary hearing the court may deliver a judgment based on the agreement with the most serious accusation brief or with a new joint brief, which may not refer to different facts or contain a more serious classification (Article 785 LECrim). The judge checks that the classification and sentence are legally correct and always hears the accused on whether the agreement is given freely and knowingly.
• Fast-track trials: before the duty court, if the offence carries up to 3 years of imprisonment (or a fine, or another penalty of up to 10 years) and the requested sentence reduced by one third does not exceed 2 years of imprisonment, the agreement brings a one-third reduction of the sentence, even below the statutory minimum (Article 801 LECrim).
• Ordinary procedure: the agreement is entered when answering the accusation briefs (Article 655 LECrim).

Judgments based on an agreement are practically unappealable on the merits (Article 785.10 LECrim), so the decision demands a cold analysis: the real strength of the prosecution evidence, the minimum sentence achievable at trial, and the prospects of a suspended sentence.

Trial day, step by step

The trial requires the presence of the accused and of defence counsel (Article 787.1 LECrim); a trial in absentia is only possible, at the prosecution's request and after hearing the defence, where the most serious sentence sought does not exceed 2 years of imprisonment (or 6 years for penalties of another kind, or a fine) and the accused was properly summoned. The hearing opens with the reading of the accusation and defence briefs (Article 787.2 LECrim); in the ordinary procedure, the presiding judge opens the session and asks each accused whether they admit the charge (Article 688 LECrim).

Stage	What happens
Opening	Reading of the briefs; exceptional addition of documents and newly discovered evidence (Article 787 LECrim)
Questioning of the accused	They may testify, answer only their own counsel or remain silent (Article 24.2 of the Constitution)
Witnesses	The party that called the witness examines first, then the other parties; the presiding judge may seek clarifications (Article 708 LECrim)
Experts and documents	Experts are cross-examined; unrepeatable investigative steps may be read into the record (Article 730 LECrim)
Final conclusions and closing arguments	The parties confirm or amend their conclusions and deliver their oral closing speeches
Last word	The presiding judge asks the accused whether they wish to address the court (Article 739 LECrim)

The evidence is taken in a concentrated manner, over as many consecutive sessions as necessary, and adjournments are only allowed on limited grounds and for a maximum of 30 days (Article 788 LECrim). In the ordinary procedure the order is fixed by law: first the public prosecutor's evidence, then that of the other accusations and finally the defence's (Article 701 LECrim). Practical guidance on answering questions on the stand is covered in our post on how to testify at a criminal trial.

How to behave in the courtroom: practical advice

• Punctuality and ID: arrive early with your passport or ID card.
• Appearance and attitude: discreet clothing, phone switched off, calm tone throughout the hearing.
• When testifying: listen to the whole question, answer slowly and only what is asked, without arguing with the prosecutor. If the strategy is to answer only defence counsel or to remain silent, keep to it: it is a constitutional right and cannot be treated as a confession.
• During witness testimony: do not gesture or interrupt; every reaction can be noticed by the court. In-court identifications have their own rules and risks, as we explain in our post on the identification of the accused at trial.
• The last word: brief and prepared with your lawyer; it is a right (Article 739 LECrim), not an obligation to improvise.

After the trial: judgment and appeals

In the abbreviated procedure the judgment must be delivered within five days of the end of the trial (Article 789.1 LECrim). The Criminal Court judge may even deliver it orally at the hearing itself and, if the prosecutor and the parties state that they will not appeal, declare it final on the spot (Article 789.2 LECrim). In addition, the judgment may not impose a heavier sentence than the one requested by the accusations (Article 789.3 LECrim).

A conviction is not the end: judgments of the Criminal Court (Juzgado de lo Penal) may be appealed to the Provincial Court within ten days of notification (Article 790 LECrim). Deadlines, grounds and strategy are covered in our guide to criminal appeals in Spain.

Facing a criminal trial in Spain with the right defence

A criminal trial is decided in hours but built over weeks: full study of the case file, defence brief, selection of evidence, preparation of examinations and closing arguments, and a level-headed assessment of any plea agreement. Alonso Sala is a criminal law firm in Madrid with more than 15 years of experience defending clients at trial across Spain. If you or a family member are facing a criminal trial in Spain, call 91 078 65 74 and we will start preparing the defence today.