Criminal Lawyers for Plea Agreements (Conformidad)
Strategic negotiation and management of plea agreements in criminal proceedings.
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Plea agreements (conformidad) in Spanish criminal law allow the defendant to accept the charges and sentence proposed by the prosecution, avoiding the uncertainty and stress of a full trial. The conformidad can reduce the sentence by up to one-third compared to the prosecution's original request, and the agreed sentence is binding on the court (with limited exceptions).
When a Plea Agreement Makes Sense
A conformidad is strategically advisable when: the evidence against the client is overwhelming; the sentence can be kept below 2 years (allowing suspension and avoiding prison); the agreed sentence includes mitigating factors that reduce the penalty significantly; the trial poses a risk of higher penalties; or the client wants to resolve the matter quickly and move on. However, it requires careful calculation of the costs versus benefits.
Our Negotiation Approach
We never accept the prosecution's first offer. Our negotiation strategy involves: obtaining the maximum sentence reduction possible (applying confession, reparation, and undue delay mitigating factors); ensuring the agreed penalty allows sentence suspension (avoiding actual prison); negotiating the type of penalty (community service instead of fine in some cases); coordinating civil liability settlements with victims; and ensuring the conformidad protects the client's interests in ancillary matters (professional disqualification, asset forfeiture, driving bans).
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
Why Choose Us?
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.