Updated to LO 1/2026 and LO 1/2025 · Reviewed July 2026 · Author: Francisco Javier Martín Porras, criminal lawyer and court expert · SCJE team
The acceptance-of-decree procedure is the criminal payment order: the prosecutor directly proposes a penalty (fine, community work, licence withdrawal) which, accepted by the accused with their lawyer before the judge, becomes a final judgment in days, without a trial. Maximum speed in exchange for maximum waivers: it is essential to understand exactly what is being signed before saying yes. We comment on it in full, with our acceptance criteria.
In brief. In brief. Scope: offences punishable with a fine or community work, or prison of up to 1 year substitutable by a fine, without a private prosecution appeared. The decree proposes a penalty reduced by up to one third of what could be requested. Acceptance requires a judicial appearance assisted by a lawyer. Once accepted, the decree is a final convicting judgment: no appeal.
The acceptance-of-decree procedure (arts. 803 bis a to j LECrim) allows the prosecutor to propose directly a penalty of fine or community work (and, where applicable, driving-licence withdrawal) for offences punishable with a fine or community work or with prison of up to 1 year substitutable by a fine, provided no private prosecution has appeared. The proposed penalty is reduced by up to one third; the investigating court authorises the decree and summons the accused to an appearance assisted by a lawyer, where they accept or reject the proposal in its entirety. Acceptance turns the decree into a final convicting judgment within three days, without appeal; rejection leaves it without effect and it cannot be used against the accused.
Our acceptance criteria: verification of the scope, because without the prerequisites the decree is null; real calculation of the one-third reduction, comparing it with the probable outcome at trial and with the fast-track alternative; a fine unit adjusted to real economic capacity before accepting; and strategic rejection when the prosecution evidence is weak, because a lapsed decree neither binds nor harms.
| Stage | Legal basis | Content | Practical key |
|---|---|---|---|
| Scope | Art. 803 bis a LECrim | Fine or community work, or prison up to 1 year substitutable; no private prosecution | Without the prerequisites, the decree is null |
| Content | Art. 803 bis c LECrim | Facts, qualification and penalty reduced by up to one third | Compared with the fast-track scenario before deciding |
| Authorisation | Arts. 803 bis d and e LECrim | Judicial filter of requirements and summons to appearance | Time used to negotiate unit and instalments informally |
| Appearance | Art. 803 bis h LECrim | Mandatory lawyer; acceptance or rejection in its entirety | Every collateral effect explained before the yes |
| Acceptance | Art. 803 bis i LECrim | Final convicting judgment within three days | No appeal: what is not requested there is lost |
| Rejection | Art. 803 bis j LECrim | The decree lapses and cannot be used against the accused | Rejection has no cost; the case follows the ordinary channel |
| Comparison | Art. 801 LECrim | Fast-track conformidad guarantees the one-third reduction | Sometimes the decree is a worse deal: it is calculated |
| Attack after acceptance | General doctrine | Only defects of consent or essential procedural defects | The decision is taken once and well informed |
Summary drawn from the Spanish source page for orientation purposes. The applicable provisions are those in force at the relevant time; each case requires individual analysis by a criminal lawyer.
Original commentary by the firm, checked against the reference work in our library: Ley de Enjuiciamiento Criminal Comentada, Lefebvre-El Derecho, 13th edition, May 2026. The decision depends on three numbers: the solidity of the evidence, the probable penalty at trial and the proposed fine unit against real capacity; we calculate them with the client before the appearance.
It is not yet a conviction: it is a proposal. It only becomes a conviction if you accept it expressly at the judicial appearance, assisted by a lawyer. Until then you can reject it without any negative consequence.
Three numbers decide: the solidity of the evidence, the probable penalty at trial and the proposed fine unit against your real capacity. If the evidence is weak or the unit inflated, we reject and defend.
The computation of the withdrawal is reviewed before accepting: from when it runs and whether a precautionary withdrawal must be credited. What is not requested at the appearance is lost.
A criminal record affects insurance, public examinations and immigration status: every collateral effect is explained before the yes, because finality is immediate and voluntary.
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