A summons arrives for a “minor-offence trial” (a juicio por delito leve) and everyone around you plays it down: “it’s nothing, it’s the lowest of the low, you don’t even need a lawyer.” But you know what lies behind it — perhaps an accusation that does not match what happened, perhaps an incident told only half-way — and what you want is to be heard and for the matter to be judged fairly. That is precisely what criminal law is for. And it is worth taking seriously: a minor offence is the lowest rung of criminal law, but it is still criminal law. If you are convicted, you will have a record. And the trial goes ahead even if you do not turn up.
“Minor” does not mean “without consequences”
A conviction for a minor offence creates a criminal record. It can be cleared relatively soon — six months after the penalty has been served, under article 136 of the Criminal Code — but until then it stands. On top of that comes the penalty itself, usually a fine, and the civil liability: compensating the other party. For anyone applying for certain jobs, public-sector posts or authorisations, having a live record is not a minor detail.
Not showing up does not make it go away
If you have been lawfully summoned, your unjustified absence does not suspend the trial: it goes ahead and judgment is passed without you, with the other side’s version left unanswered. And there is an added cost for not attending: parties, witnesses and experts who are summoned and neither appear nor plead a valid reason can be fined between 200 and 2,000 euros. Ignoring the summons is almost always the worst option.
Defending yourself: you can, but it rarely pays
The law does not require you to bring a lawyer, and it is tempting to think that, because you know you are in the right, simply telling your side will be enough. It is not that simple. One thing is that the law lets you defend yourself; quite another is that it is advisable. Across the room there may be a well-prepared private prosecutor and the Public Prosecutor; you will give evidence as the defendant, the other side’s evidence will be examined, and what you say — or fail to say — that day will weigh on the judgment. Being in the right is not enough if you cannot make it count: turning up without a defence is playing the hand with your cards face up.
What gets decided is decided fast
The trial is a single act: the complaint is read, the witnesses give evidence and the prosecution’s evidence is examined, then you give evidence and yours is examined, and both sides make their closing submissions. The judge gives judgment there and then or within the following three days. Knowing what can be challenged, what is worth putting forward and how to hold your account together is what separates an acquittal from a conviction.
If you are convicted: the five days that count
Judgment can be appealed to the Provincial Court, but you have only five days from the date you are notified. After that, the judgment is final and is simply enforced. What is more, an appeal is not a second chance to tell the whole story again: it rests on limited grounds — breach of safeguards, error in the assessment of the evidence, or an error of law — and preparing it properly takes time that this deadline barely allows.
A way out before the trial
In some cases, the best decision is not to fight the trial but to avoid it. Restorative justice — voluntary and confidential — allows you to seek an agreement with the other party which, if reached, can lead to the matter being shelved. Assessing whether your case fits there is part of the strategy.
In criminal law, defending someone means defending their account of what happened and making sure they are judged with every safeguard. If you have been reported and want to understand what is at stake and what room you have, you can see our criminal law practice area. And if you are the one thinking of filing a complaint, the other side of this trial will interest you: what’s at stake for the victim of a minor offence.
Frequently asked questions
Does a minor offence leave a criminal record?
Yes. A final conviction for a minor offence is entered as a criminal record. It can be cleared six months after the penalty has been served under article 136 of the Criminal Code, but until it is cleared, it stands.
If I don’t turn up to the trial, am I off the hook?
No. If you have been lawfully summoned, the trial goes ahead without you and judgment is passed on the other side’s version. On top of that, failing to appear without a valid reason can lead to a fine of 200 to 2,000 euros.
Do I need a lawyer if the offence is minor?
The law does not require it, but one thing is being able to defend yourself alone and another is that it is advisable. There may be a private prosecutor and the Public Prosecutor across the room, and what you say and the evidence examined that day decide the judgment. Being in the right is not enough if you cannot make it count.
I’ve been convicted of a minor offence. Can I appeal?
Yes, by appeal to the Provincial Court, but you have only five days from notification and on limited grounds. It is a short window: it pays to decide quickly.