How Long Does a Criminal Trial Take in Spain? Timelines (2026)
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listIn this article
lightbulbKey Takeaways
- check_circleInvestigation max 12 months
- check_circleSpeedy trials in days
- check_circleSerious trials: years
- check_circleUndue-delay mitigator
"Slow justice is not justice", they say. But the reality of the Spanish courts is what it is. "How long will this take?" is the million-dollar question. There is no exact answer, but there are estimates based on our daily experience in the Madrid courts and surrounding jurisdictions. Our specialist criminal lawyers can help you with your case.
The Phases of the Process and Their Timeframes
A criminal proceeding is not a single event; it is a path with three stages:
1. Investigation Phase (Instrucción)
- What it is: The investigating judge gathers evidence, takes statements and orders expert reports.
- Statutory duration: Maximum 12 months (extendable on reasoned grounds).
- Reality: Simple cases (6 months) / complex cases (1-3 years).
2. Intermediate Phase (Trial Preparation)
- What it is: Prosecution and defence written briefs. The bureaucracy of moving files between courts.
- Duration: The "black hole". May take 3 to 12 months just on paperwork.
3. Oral Trial and Sentence
- What it is: The hearing day and the wait for the verdict.
- Listing: Once the case is admitted, courts may take 6-12 months to schedule a trial date.
- Judgment: After the hearing, judgment usually arrives in 2-4 weeks (Criminal Courts of First Instance) or months (Provincial Court).
Timelines by Type of Proceeding
Speedy Trial (flagrant offences, DUI)
- Duration: Days or weeks. Sometimes resolved during night-court duty (24-48h) if the accused accepts a plea bargain.
Misdemeanour Proceeding (former petty offences)
- Duration: 2 to 6 months from complaint to trial.
Abbreviated Proceeding (offences up to 9 years)
- Average duration: 1.5 to 3 years total.
Sumario (most serious offences) and Jury Trials
- Duration: 2 to 4 years or more.
What if It Takes Too Long?
If justice is extraordinarily slow for reasons beyond your control (the court is overwhelmed), the Mitigating Factor of Undue Delay (Art. 21.6 CP) may apply. It reduces the sentence. It is the legal "consolation" for unjustified delay.
Advice
Do not despair. Sometimes the passage of time works in favour of the defence: witnesses forget details, evidence is lost, and the complainant's anger cools.
Facing a Criminal Proceeding in Spain?
The earlier the strategy is set, the more options you have. Contact us for an initial assessment of your timeline and possible defences.
📞 Call us: +34 91 078 65 74
Frequently asked questions
How long does a criminal trial last in Spain?expand_more
It depends on the procedure: a fast-track trial (flagrant or straightforward offences) can be resolved in weeks; an abbreviated procedure, in months; and an ordinary procedure (sumario) for serious offences, with a complex investigation, can take years until judgment.
How long does the investigation phase last?expand_more
The law sets a reference period of 12 months for the investigation (art. 324 LECrim), which the judge may extend in complex cases. In practice, large economic or corruption cases frequently exceed that period through successive extensions.
What are undue delays?expand_more
They are delays in the proceedings not attributable to the accused nor justified by their complexity. When significant, they constitute a mitigating circumstance (art. 21.6 CP) that can reduce the sentence, and even a highly qualified mitigating circumstance if the delay is extraordinary.
Can a criminal trial be sped up?expand_more
Yes: a negotiated guilty plea (conformidad) allows the case to be resolved without trial when the evidence is overwhelming, and fast-track trials have fixed time limits. A diligent defence also avoids adjournments and annulments that prolong the proceedings.