Preliminary Objections at a Criminal Trial in Spain (2026)
In this article
Key Takeaways
- The first step of a criminal trial
- Allow invoking unlawful evidence and limitation
- Can end the trial before it begins
- The protest must be placed on the record
Preliminary objections are the first step of the criminal trial and often the most decisive: before evidence is taken, the parties may raise breach of fundamental rights and the nullity of unlawful evidence, the court's jurisdiction, limitation of the offence, res judicata, nullity of proceedings and the relevance of the proposed evidence. If the court upholds them, the trial may end before it begins. They are not improvised: they are prepared by studying the whole procedure. If they are rejected, the defence must place its protest on the record in order to reproduce the ground on later appeal or cassation.
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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.
The moment to disable the prosecution
Preliminary objections are the chance to exclude unlawful evidence or invoke limitation. If the court upholds them, the trial may end before it begins.
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.
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The start of the trial hearing, including the reading of the charging documents, is governed by Article 688 of the Spanish Criminal Procedure Law.
The cases in which an ongoing trial hearing may be suspended are listed in Article 746 LECrim.
Frequently asked questions
What are preliminary objections at a criminal trial?
They are the first step of the trial in the abridged procedure: at the start, 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 as a preliminary objection?
Breach of fundamental rights and the nullity of unlawful evidence, the jurisdiction of the court, limitation of the offence, res judicata, nullity of proceedings for procedural defects, and issues on the content and relevance of the proposed evidence.
Can the trial end at the preliminary-objections stage?
Yes. If the court upholds a preliminary objection — for example, excluding decisive unlawful evidence or finding the offence time-barred — the case can be resolved at this step, without needing to reach the assessment of the evidence.
What happens if the court rejects the preliminary objection?
The defence must place its protest on the record in order to reproduce the ground on a later appeal or cassation. Recording it is essential not to lose the appeal route.
Can preliminary objections be improvised?
No. They are prepared by studying the whole procedure in advance. A defence that spots a nullity or a limitation period in time can disable the prosecution from the start of the trial.
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