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Guide to Criminal Proceedings: Stages, Deadlines and Rights

Expert guidance for facing a criminal procedure at every stage

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Spanish criminal proceedings move through three stages: the investigation, led by the Examining Magistrate, who investigates whether there are reasonable grounds of an offence and may dismiss the case; the intermediate stage, in which the Public Prosecutor and the private prosecution file their submissions seeking a sentence and the defence files its own proposing evidence; and the trial itself, held before a different body — the Criminal Section of the Court of Instance (Sección de lo Penal; formerly the Criminal Court) or the Provincial Court — which hands down judgment. The abbreviated procedure, for offences carrying a sentence of up to nine years, is the most common; the fast-track trial resolves flagrant offences within days. Our defence gets involved from the investigation stage to propose exculpatory evidence and avoid the opening of the trial.

Criminal Proceedings: Concept, Stages, Guarantees and Defence Strategy

Spanish criminal proceedings are the legal-procedural channel through which the State exercises its ius puniendi with full guarantees for the accused. It is regulated by the Criminal Procedure Act of 1882 (LECrim), subject to multiple reforms (Organic Law 13/2015, Law 41/2015, Organic Law 1/2025 on Justice Service Efficiency), the Spanish Criminal Code (Organic Law 10/1995), the Spanish Constitution (Arts. 17, 24, 25 and 117 SC) and consolidated Constitutional Court and Supreme Court case-law. Procedural guarantees —presumption of innocence, right to defence, legal assistance, right against self-incrimination, right to effective judicial protection— are non-waivable pillars of the system and must be respected in all stages of proceedings.

The procedural modalities are several and chosen according to the prescribed penalty. Minor offence trials (Arts. 962-973 LECrim) apply to minor infringements. The speedy trial (Arts. 795-803 LECrim) is reserved for flagrant crimes with simple investigation (DUI, assault, theft), allowing resolution in hours or days. The abbreviated procedure (Arts. 757-794 LECrim) is the most-used modality, applicable to crimes with penalties up to 9 years' prison: includes investigation phase, intermediate phase and trial. The ordinary summary (Arts. 259-648 LECrim) applies to crimes with penalty exceeding 9 years. The Jury Court procedure (Organic Law 5/1995) is reserved for certain crimes (homicide, threats, trespass, document custody infidelity, bribery, influence peddling and embezzlement) and tried before a popular jury of nine citizens.

The precautionary measures that can be adopted during the process are varied and have great impact. The most severe is pre-trial detention (Arts. 502-519 LECrim), only applicable when there is flight risk, evidence-destruction risk or reoffending risk; its ordinary maximum duration is one year (crimes up to three years' penalty) or two years (higher penalties), with a single extension of up to six months or two more years respectively (Art. 504.2 LECrim), that is, up to four years in the most serious case. Other precautionary measures include provisional release with bail, periodic appearances (apud acta), prohibition from leaving the territory, passport withdrawal, restraining and communication prohibition orders (Art. 544 bis LECrim) and, in the corporate sphere, judicial intervention of the legal entity.

The defence strategy must be articulated from the outset. In the investigation phase, the defence must address the legality of detention, assist the detainee at the police station (with the right to private prior interview before declaration), propose exonerating proceedings, challenge precautionary measures, present party expert reports and, where appropriate, request free or provisional dismissal (Arts. 637-641 LECrim). In the intermediate phase, draft the defence brief with technical quality, propose evidence to be practiced at trial and, where appropriate, raise preliminary issues, which in the abbreviated procedure are dealt with at the preliminary hearing of Art. 785.1 LECrim (since Organic Law 1/2025). At trial, exercise direct and cross-examination, challenge unlawful evidence (Art. 11 LOPJ) and formulate technical conclusions. There are also plea agreement routes (Arts. 655, 785 and 801 LECrim) ; the fast-track one cuts the requested penalty by one-third by law (Art. 801), and in the others the reduction depends on what is negotiated.

In current forensic practice, the procedural landscape is in transformation. Organic Law 1/2025 on Justice Service Efficiency and Royal Decree-law 6/2023 on digital and procedural efficiency have introduced significant changes: digitalization of proceedings, expediting deadlines, criminal mediation mechanisms, court specialization. Directive 2016/343/EU on presumption of innocence, the Directives on detainee rights (2010/64/EU on translation, 2012/13/EU on information, 2013/48/EU on legal assistance) and creation of the European Public Prosecutor's Office (Regulation 2017/1939) have reinforced the guarantee system. At Alonso Sala, with more than 15 years of experience, we intervene in all criminal procedural modalities (minor offences, speedy trials, abbreviated procedure, ordinary summary, Jury Court, Audiencia Nacional, Supreme Court) and at all phases of the process, articulating proactive strategies that combine technical rigor, evidentiary anticipation and, when convenient for the client, strategically negotiated plea agreements.

The 3 Main Phases of Ordinary Criminal Proceedings

1 Instruction Phase (Investigation)

Directed by the Investigating Judge. Its objective is to investigate whether there are rational indications that a crime has been committed and find out who is responsible. In this phase, statements are taken from the investigated participants (suspects), victims, and witnesses, and documentary, expert, police, etc., evidence is gathered. The case can end here if the judge decrees a 'dismissal' (archivo) because there is no evidence of a crime.

2 Intermediate Phase (Indictment and Defence Briefs)

If the Investigating Judge considers there is enough evidence, they close the investigation formally processing the investigated person. It is passed to the prosecution (Prosecutor's Office and private prosecution) to present their Indictment Briefs requesting penalties. Then, it is passed to the defence lawyer to present the Defence Brief and propose the evidence they will use at trial (witnesses, documents, experts).

3 Trial Phase

It is held before a judicial body different from the investigating one (Criminal Section of the Court of Instance (Sección de lo Penal; formerly the Criminal Court) or Provincial Court). It is the public hearing where the requested evidence is practiced, defendants and witnesses are questioned (direct examinations and cross-examinations), and the lawyers present their final reports (conclusions). After the trial, the case awaits sentencing.

Frequently Asked Questions

What is the difference between being investigated ('imputado') and accused?
The 'investigated' (formerly 'imputado') is the person against whom initial inquiries are directed in the investigation phase because there are suspicions. The 'accused' is the person for whom the investigating judge has already found rational indications of criminality at the end of the investigation, and against whom the Prosecutor's Office or private prosecution has formulated an indictment requesting a specific penalty for trial.
How long do criminal proceedings take in Spain?
It depends enormously on the type of procedure and the court. A fast-track trial (Juicio Rápido) can be closed during the duty service itself if there is a plea (Arts. 799 and 801 LECrim); otherwise, the trial is set within the following fifteen days (Art. 800.3). In the abbreviated and ordinary procedures, the investigation has a twelve-month time limit, extendable by periods of up to six months (Art. 324 LECrim), to which the intermediate stage, the trial and any appeals are added, so complex cases can run for several years.
Can I change my lawyer midway through the process?
Yes, absolutely. You have a constitutional right to freely choose your lawyer at any stage of the proceedings. If you change lawyers, the new professional will request permission from the previous one (a formal procedure) and will appear in court to assume your defence immediately, without stalling the judicial process.
What is the difference between the Investigation Section of the Court of Instance (Sección de Instrucción; formerly the Investigating Court) and the Criminal Section?
The Investigation Section ('Sección de Instrucción') investigates the crime (gathers evidence, questions witnesses and suspects, decide if there is a case or if it should be dismissed). It never hands down guilty verdicts (except for plea bargains in speedy trials or minor offences). If the investigating judge concludes there is evidence, they send the case to the Criminal Section ('Sección de lo Penal', crimes up to 5 years) or the Provincial Court ('Audiencia Provincial', over 5 years), which hold the trial and hand down the final sentence.
What happens if I am called to testify as investigated?
You must be accompanied by a lawyer. You have the right to remain silent, not to answer the prosecution's questions (even answering only your lawyer), and not to testify against yourself. The judicial statement is a critical moment: what you say here will condition the entire subsequent process, making it vital to prepare it meticulously with your criminal defence before entering the room.
How long do criminal proceedings last in Spain?
It depends on the procedure and the court. The investigation has a twelve-month time limit, extendable by periods of up to six months (Art. 324 LECrim); a fast-track trial is set within fifteen days (Art. 800.3). The intermediate stage, the trial and any appeals come on top, so complex cases can take several years.
What is the investigation phase (instrucción)?
The judicial investigation in which evidence is gathered, statements are taken and it is determined whether there are sufficient indications to open the trial. It is led by the Investigating Judge.
Can I refuse to testify as a person under investigation?
Yes. The person under investigation has the right to remain silent and not to testify against themselves (Art. 24 of the Spanish Constitution). They cannot be forced to testify and their silence cannot be held against them.
What is pre-trial detention (prisión provisional)?
The most serious precautionary measure: confinement of the person under investigation before trial. It is adopted only when there is a risk of flight, destruction of evidence or repeat offending.
How long can pre-trial detention last?
1 year for offences punishable by up to 3 years; 2 years for offences with a higher penalty. A single extension is possible, of up to six more months or up to two more years respectively, so the maximum is 4 years in the most serious case (Art. 504.2 LECrim).
What is a plea agreement (conformidad)?
An agreement between prosecution and defence on the facts and the penalty. It allows the case to be resolved without a trial. The reduction fixed by law, one-third of the requested sentence, applies only to a plea before the duty judge in a fast-track trial (Art. 801 LECrim); in other cases the reduction depends on what is negotiated.
Does the jury try all crimes?
No. It only tries certain offences: homicide, threats, failure to render assistance, trespassing, breach of the custody of documents or prisoners, bribery, influence peddling, embezzlement of public funds, fraud and illegal exactions and prohibited negotiations by officials (Art. 1.2 of Organic Law 5/1995).
What is the abbreviated procedure?
The most common procedure for offences punishable by up to 9 years of imprisonment. It simplifies the investigation and allows a plea agreement at the trial stage.
Can I appeal the judgment?
Yes. The judgment can be appealed before the Provincial Court (abbreviated procedure) or before the High Court of Justice (jury trial). A cassation appeal before the Supreme Court is also available.
What is suspension of a prison sentence?
The judge can suspend the execution of prison sentences not exceeding 2 years if it is a first conviction, conditional on not committing new offences within 2-5 years.
What are precautionary measures?
Restrictions imposed on the person under investigation during the process: provisional release, periodic court appearances, prohibition on leaving the country, passport withdrawal, restraining order.
Do I need a criminal defence lawyer?
Yes. Specialized criminal defence is essential. An experienced criminal lawyer knows the deadlines, appeals and procedural strategies that can make the difference.

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This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.

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