An argument that ends in a shove. Threats over WhatsApp. The phone that vanishes from your bag in a bar. The police take your complaint and tell you it is “just a minor offence” (a delito leve), and you walk out feeling your case is second division. It is not. When you have been assaulted, threatened or robbed, what you want is for justice to be done, and it is in this “minor” trial that it is decided whether there is any: whether the person responsible is convicted or acquitted and, more often than you would think, which of the two ends up convicted. And nearly all of it is decided in a single hearing.
What a minor-offence trial is
It is the fast criminal procedure that replaced the old juicios de faltas, governed by articles 962 and following of the Criminal Procedure Act. It is resolved by the Investigating Court, or the Court for Violence against Women, and it covers minor injuries, minor threats and coercion, thefts and frauds under 400 euros, damage to property and insults. The law calling it “minor” refers to the scale of the penalty, not to what the incident means for you.
It is all decided in a single hearing
There is no long investigation and no second chances: the matter is resolved in one hearing, on whatever each side brings that day. The judge listens, the evidence is examined, and judgment is given there and then or within the next three days. A medical report that was not requested in time, a witness nobody summoned, screenshots handed in any old way, and a winnable case falls apart. What does not make it into that room simply does not count.
The evidence decides who is right
You must attend with all the evidence you have, and any witnesses you need must be summoned in advance. When the threats, the coercion or the insults arrived by message or on social media, electronic evidence — properly submitted and able to withstand challenge — is usually what tips the balance. That is the technical ground we work on; you can read why electronic evidence decides cases.
And it can turn against you: the cross-complaint
There is a risk almost no one anticipates. In fights and reciprocal incidents — a scuffle, an exchange of insults, mutual injuries — it is common for the other party to file a counter-complaint. You then arrive at the trial not only as the complainant but also as a defendant. If you turn up unprepared while the other side does have a defence, you can leave the court as the convicted one. Being the person who filed the complaint does not, on its own, keep you safe.
Why “you can go on your own” is not good news
The law lets you attend this trial without a lawyer or court agent, which is why many people go alone. But one thing is that the law allows it, and quite another that it is in your interest. In practice, going alone means sitting down, unprepared, to hold your account together in a single hearing, perhaps against someone who does have a defence and with the risk of a counter-complaint on top. The judge will decide on whatever is put on the table that day, and that day does not come round again.
If you also suffered a loss — the stolen phone, the repair, the days of recovery — compensation can be claimed in the same trial; but that is the consequence of winning the case, not the reason to take it seriously.
The clock is running: one year
A minor offence lapses one year after the events. It is not a comfortable window: the sooner you act, the fresher the evidence and the easier it is to locate witnesses. Waiting rarely works in favour of the person making the complaint.
If you would rather not go to trial
There is the route of restorative justice: voluntary, confidential and free of charge. If an agreement is reached with the other party, the matter can be shelved, and the attempt interrupts the limitation period while it is explored. It is not always the right course, but in some conflicts it is the most sensible way out.
If you want your case defended properly — and not to end up worse off than you started — you can see our criminal law practice area. And if you are the one who has received the complaint, the other side of this same trial will interest you: you’ve been reported for a minor offence.
Frequently asked questions
Do I need a lawyer for a minor-offence trial?
It is not compulsory, which is why many people attend alone. But the matter is settled at once, in a single hearing and on the evidence produced that day. Going in unprepared, perhaps against someone who does have a defence, is a risk that often does not pay off.
If I file a complaint, can I end up convicted myself?
It can happen. In reciprocal incidents a cross-complaint is common: the other party counter-complains and you become a defendant too. Without a prepared defence, the trial can turn against you.
What happens if I don’t bring the evidence or a witness is missing?
You will probably lose. The judge decides on what is examined at the hearing; anything not submitted, or a witness not summoned in time, does not count. Preparing the evidence before the trial is what holds the case together.
How long do I have to report a minor offence?
One year from the date of the events. After that the offence lapses and can no longer be prosecuted, so it is best to act as soon as possible.