The summons the police hand you to appear at the duty court (juzgado de guardia) on a set day and time looks like a mere notice, but that day can end with a final judgment. At the duty court the judge takes your statement, the prosecutor can charge you on the spot and, if the offence allows it and you accept the charge, the judge sentences you there and then with the penalty reduced by one third. When they give you that paper, the police must also tell you that you may appear with a lawyer, and if you do not appoint one, they ask the Bar Association for a duty lawyer.
At Perseus & RC Abogados I attend the A Coruña duty court with people who arrive under arrest or summoned by the police. I am Luis Jurado Cano, a criminal lawyer registered with the A Coruña Bar Association under number 6317. The rest of our criminal work is on the criminal law page. This one explains how the Spanish fast-track trial works and what to decide before you walk into court.
Which cases go through the fast-track procedure
There must be a police report and you must have been arrested or summoned to the duty court as the person reported. The offence must carry up to five years in prison, or other penalties of up to ten years, and it must have been caught in the act or just after, be one of the offences listed in the law or look simple to investigate. The list includes theft and robbery, taking a vehicle without consent, road traffic offences such as drink-driving or driving without a licence, assault, threats and coercion within a couple or family, some criminal damage, small-scale drug dealing and entering or occupying someone else’s home. Two of them have their own pages, drink-driving and gender violence, and I have also written about drink-driving penalties in Spain and accusations of gender violence. Minor offences, such as a theft of 400 euros or less as a general rule, follow a different and simpler procedure, explained in minor offences.
What happens at the duty court
Your lawyer is entitled to a copy of the police report and of everything done in court, and reading it comes first. The judge then takes your statement, hears the witnesses summoned by the police, obtains your criminal record and, where needed, orders a forensic medical examination or a valuation of the items involved, all with the prosecutor present and within the duty period. After that the judge either closes the case, sends it to an ordinary investigation if evidence is missing, or orders it to continue as a fast-track trial. In that last case the prosecutor brings the charge on the spot, and that is when you answer, by accepting it or presenting a defence. Measures that apply until the trial, such as an order not to approach or contact someone, are decided at the same hearing. If you fail to appear without good reason, the judge can order your arrest.
Accepting the charge at the duty court
Accepting the charge, known as conformidad, carries an advantage the law reserves for this procedure. The judge imposes the sentence the prosecutor requests reduced by one third, even if the result falls below the statutory minimum for that offence. It is only available if the requested penalty is no more than three years in prison, a fine or another penalty of up to ten years, and provided the prison term, once reduced, does not exceed two years. If the prison sentence is two years or less and you have no relevant record, the judge can suspend it at the same hearing.
Know the other side before you sign. The judgment can only be appealed if the requirements or the agreed terms were not respected, never because you later regret admitting the facts. It goes on your criminal record until it is cleared, as I explain in how to expunge a criminal record in Spain. And the main penalty rarely comes alone, because traffic cases bring the loss of your driving licence and domestic cases a restraining order and the loss of the right to hold firearms. I read the police report with you before you answer the prosecutor and tell you whether the offer is genuinely better than what a trial is likely to bring.
If you decide to defend yourself
Your lawyer presents the defence on the spot or asks for time, which the judge sets within the following five days. The trial is scheduled there and then before the Criminal Court, within fifteen days at most, and judgment must follow within three days of the hearing. Witnesses and experts can be summoned from the duty court itself. The one-third reduction is designed for those who accept at the duty court, and accepting on the day of the trial no longer carries it.
If your Spanish is not fluent, you are entitled to an interpreter throughout, paid for by the State, and the charge and the judgment must be translated for you in writing. Bring the summons, any paper the police gave you, anything that supports your account and proof of your income and family commitments, because fines are calculated per day according to the financial situation of the person paying.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. If your summons is for tomorrow or in a few hours, say so at the start of the call, because the first thing I need is the court and the time. If you live elsewhere, we can talk first by video call, in English.
Frequently asked questions
I have been summoned to the duty court and cannot attend that day. What should I do?
Tell the court as soon as possible and give the reason in writing, with a document that proves it. If you fail to appear without good reason, the judge can order your arrest to bring you in. Call us with the summons in hand and we will deal with it.
How long does a fast-track trial take in Spain?
If you accept the charge, the case closes on the day of the duty court hearing with a judgment. If not, the trial takes place before the Criminal Court within fifteen days at most and judgment follows within three days. If the judge considers the evidence insufficient, the case leaves the fast-track procedure and goes through an ordinary investigation, which takes much longer.
Can I ask the duty court to summon my witnesses for the trial?
Yes. You can ask the duty court to summon the witnesses and experts you want at the trial, and it will order it, although the Criminal Court then decides whether to admit that evidence. Do it at that point, because the trial takes place within fifteen days at most.
If I accept the plea deal, will I go to prison?
If the prison sentence is two years or less and you have no relevant criminal record, the judge can suspend it on the spot, and for the victim's compensation it is enough that you undertake to pay within the time the judge sets. The suspension is revoked if you are convicted of an offence committed during that period, seriously breach its conditions or stop paying when you are able to. Check that your case meets those requirements before accepting.
My Spanish is not fluent. Will I understand what is happening?
You are entitled to a free interpreter at every step, including your private conversation with your lawyer before your statement, and the charge and the judgment must be translated for you in writing. Ask for one at the police station and again at the court if nobody offers it.