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Guide to the Spanish Criminal Procedure Act (LECrim), with commentary

If the Guide to the Spanish Criminal Code explains the offences and their penalties, this guide explains the road: what happens from the arrest to the last appeal, what rights each party holds and where cases are won and lost. Every entry comments the articles of the LECrim with their real application, checked against the reference work in our library (Ley de Enjuiciamiento Criminal Comentada, Lefebvre-El Derecho, 13th ed., 2026).

For emergencies, 24-hour assistance to detainees throughout the province of Alicante and in Madrid: 669 30 21 13.

The investigated person and their rights

• Rights of the person under investigation (art. 118)
• Your rights if arrested in Spain
• Detention, time limits and habeas corpus (arts. 489-520)
• Provisional release, bail and precautionary measures (arts. 528-544)
• The protection order (art. 544 ter)
• Denuncia and querella: starting proceedings (arts. 259-281)
• Private prosecution: the victim’s rights
• Identification parades (arts. 368-384)
• Witnesses and the dispensation of art. 416

The investigation: searches, technology and evidence

• Entry and search of the home (arts. 545-578)
• Technological investigation measures (art. 588)
• Expert reports in criminal proceedings (arts. 456-485)
• Dismissal: closing a case before trial (arts. 634-645)
• Statute of limitations of criminal liability
• Rebeldía, arrest warrants and trial in absentia

The procedures and the trial

• The abbreviated procedure step by step (arts. 757-793)
• The ordinary sumario for serious offences
• Fast-track trials (arts. 795-803)
• The jury court (LO 5/1995)
• Minor offences and their trials
• Plea agreements: the conformidad after LO 1/2025
• The acceptance-of-decree procedure (arts. 803 bis)
• Insults and slander: querella and conciliation

Appeals, enforcement and penalties

• Criminal appeals: reform, appeal, cassation and review
• Cassation before the Supreme Court
• The constitutional amparo appeal
• Enforcement of criminal judgments (arts. 983-998)
• Suspension of prison sentences
• Types of penalties in the Criminal Code (arts. 32-60)
• Security measures: confinement and supervised release
• Civil liability from crime and confiscation
• Guide to the Spanish Criminal Code

Original commentary by SCJE criminal lawyers. These guides are informative drafts pending review by a qualified Spanish lawyer and do not replace individual legal advice.