Preliminary Objections at a Criminal Trial in Spain (2026)

Preliminary objections are the first step of a criminal trial and often the most decisive. They let the defence raise, before evidence is taken, issues that can change the course of the case. As criminal lawyers, we explain their importance.

What Preliminary Objections Are

At the start of the trial, before evidence is taken, the parties may put forward whatever they consider appropriate on a series of issues that the court must resolve first.

What Can Be Raised

• Breach of fundamental rights and the nullity of unlawful evidence.
• Jurisdiction of the court.
• Limitation of the offence.
• Res judicata: that the facts have already been tried.
• Nullity of proceedings for procedural defects.
• Issues on the content and relevance of the proposed evidence.

Strategic Use

Preliminary objections are not improvised: they are prepared by studying the whole procedure. A defence that spots a nullity or a limitation period in time can resolve the case at this step.

If They Are Rejected

If the court rejects a preliminary objection, the defence must place its protest on the record in order to reproduce the ground on later appeal. Recording it is essential not to lose the appeal route.