Organic Law 1/2025: Justice Efficiency and Its Criminal Impact in Spain

Organic Law 1/2025, of 2 January, on measures of efficiency of the Public Justice Service, together with the ordinary Law 1/2025 on Adequate Dispute Resolution Means, constitutes the most ambitious reform of the Spanish judicial structure in decades. Its rollout is progressive across 2025 and 2026 and directly impacts criminal defence. As criminal lawyers, we summarise the practical keys.

Courts of Instance: a New Judicial Organisation

The reform replaces the current single-judge courts with Courts of Instance, collegiate bodies with specialised sections. Each judicial district will have a single Court of Instance with a Civil Section, an Investigation Section, a Criminal Trial Section, a Violence Against Women Section, a Minors Section and a Prison Supervision Section. The rollout is phased: July 2025 (provincial capitals), 2026 (districts over 150,000 inhabitants), 2027 (the rest).

Adequate Dispute Resolution Means

Law 1/2025 generalises alternative dispute resolution (mediation, conciliation) as a procedural requirement in civil and commercial jurisdiction. In criminal matters, its impact is limited but relevant: criminal mediation remains voluntary, but the law expressly recognises its effects regarding the mitigating factor of repair of the harm (Art. 21.5 CP); it is expressly excluded in gender violence, terrorism and sexual offences against minors; and guilty pleas are reinforced, extending the scope of Art. 787 LECrim to offences with a maximum penalty of 9 years (previously 6).

Investigation Deadlines and Digital Justice

Organic Law 1/2025 maintains the maximum investigation deadlines of Art. 324 LECrim (12 ordinary months, extendable). However, it introduces relevant procedural changes: full digitalisation of the procedure (processing, notifications and filings entirely electronic), preferred videoconferencing (Art. 731 bis LECrim) for the statements of witnesses and experts, the electronic judicial file accessible from the digital judicial portal, and automated deadlines. Access to the digital file requires the lawyer to monitor the procedure daily.

Changes to the Criminal Procedure Act

• Art. 776 LECrim: reinforcement of legal assistance for the detained person and the right to information.
• Art. 779 LECrim: extension of the early guilty plea in the abridged procedure.
• Art. 800 LECrim: the fast-track trial extends its scope with more flexible admission criteria.
• Art. 962 LECrim: reform of the minor-offence trial, now entirely remote save for exceptions.
• Appeals: reinforcement of the appeal against dismissal orders and simplification of the cassation appeal.

Impact on Defence Strategy

• Early specialisation: knowing the rollout schedule of the Court of Instance in each district allows anticipating which section will investigate.
• Use of the extended guilty plea: studying early the viability of a guilty plea for offences up to a 9-year maximum penalty; a well-negotiated plea can reduce up to a third of the penalty sought.
• Strategic criminal mediation: in property offences or minor injuries, activating mediation facilitates the mitigating factor of repair (Art. 21.5 CP).
• Digital control of the procedure: implementing systems to monitor the electronic file daily and react within the strict deadlines.
• Videoconferencing as a tool: requesting a statement by video link for clients with difficulty travelling or resident abroad.