Criminal Lawyers in Criminal Process Guide

The Spanish criminal process is 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, Organic 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 defense, 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 offense 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. 757-803 LECrim) is the most-used modality, applicable to crimes with penalties up to 9 years' prison: includes investigation phase, intermediate phase and oral 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, fires, 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), extendable up to four years in exceptional cases. 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 defense strategy must be articulated from the outset. In the investigation phase, the defense 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 defense brief with technical quality, propose evidence to be practiced at trial and, where appropriate, raise preliminary issues (Art. 786.2 LECrim). At oral trial, exercise direct and cross-examination, challenge unlawful evidence (Art. 11 LOPJ) and formulate technical conclusions. There are also plea agreement routes (Arts. 655, 787 and 801 LECrim) allowing penalty reductions up to one third.

In current forensic practice, the procedural landscape is in transformation. Organic Law 1/2025 on Justice Service Efficiency and Act 10/2022 on 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 offenses, 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.