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Article 795 Spanish Criminal Procedure Act: Scope of the rapid procedure
Quick answerArticle 795 of the Spanish Criminal Procedure Act defines the scope of fast-track trials: offences punishable by imprisonment not exceeding five years, or by other penalties not exceeding ten years, where proceedings begin on a police report with a detainee brought before the duty court or a suspect summoned to attend, and provided there is flagrancy, one of the listed offences, or a straightforward investigation.
Article 795 delimits the scope of the rapid procedure for certain offences: a custodial penalty not exceeding five years, or other penalties not exceeding ten years, proceedings commenced upon a police report, and one of the three circumstances which the provision lists.
Also cited as: article 795 Spanish Criminal Procedure Act · art. 795 LECrim · LECrim article 795 · artículo 795 de la Ley de Enjuiciamiento Criminal.
Wording of Article 795 of the Spanish Criminal Procedure Act
1. Without prejudice to the provisions applicable to the other special procedures, the procedure regulated in this Title shall apply to the investigation and trial of offences punishable by a custodial penalty not exceeding five years, or by any other penalties, whether single, joint or alternative, whose duration does not exceed ten years, whatever their amount, provided that the criminal proceedings are commenced by virtue of a police report and that the judicial police have detained a person and brought that person before the duty court, or that, without detaining that person, they have summoned that person to appear before the duty court by reason of being named as the person reported in the police report, and that, in addition, any of the following circumstances is present:
1. That the offences be flagrant. For these purposes, a flagrant offence shall be taken to be one which is being committed or has just been committed when the offender is caught in the act. A person shall be taken to be caught in the act not only where the offender is detained at the moment of committing the offence, but also where detained or pursued immediately after committing it, if the pursuit continues or is not suspended while the offender does not place himself or herself beyond the immediate reach of those pursuing. A person shall also be regarded as caught in flagrante who is surprised immediately after the commission of an offence with effects, instruments or traces which permit the participation of that person in it to be presumed.
2. That the offence be one of the following:
a) Offences of injury, coercion, threats or habitual physical or psychological violence, committed against the persons referred to in Article 173.2 of the Criminal Code.
b) Offences of theft.
c) Offences of robbery.
d) Offences of theft and robbery for the use of vehicles.
e) Offences against road safety.
f) Offences of criminal damage referred to in Article 263 of the Criminal Code.
g) Offences against public health provided for in the second part of Article 368 of the Criminal Code.
h) Flagrant offences relating to intellectual and industrial property provided for in Articles 270, 273, 274 and 275 of the Criminal Code.
i) Offences of unlawful entry into a dwelling under Article 202 of the Criminal Code.
j) Offences of usurpation under Article 245 of the Criminal Code.
3. That the punishable act be one whose investigation is presumably simple.
2. The procedure regulated in this Title shall not apply to the investigation and trial of those offences which are connected with one or more other offences not covered by the preceding paragraph.
3. This procedure shall not apply in those cases in which it is appropriate to order the secrecy of the proceedings in accordance with the provisions of Article 302.
4. In all matters not expressly provided for in this Title, the rules of Title II of this same Book, relating to the abbreviated procedure, shall apply in a supplementary manner.
Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.
Effect. The provision imposes no penalty. It determines the applicable procedural route, and its incorrect application affects the periods of the investigation and the guarantees of the defence, which is the basis for applying for the case to be transformed into the abbreviated procedure.
Key facts
| Sentencing limit | Imprisonment not exceeding five years, or any other penalties, whether single, combined or alternative, not exceeding ten years, whatever their amount. |
|---|---|
| Trigger | A police report with a detainee brought before the duty court, or a suspect summoned to attend it. |
| Alternative conditions | Flagrancy, an offence from the statutory list, or facts whose investigation is expected to be straightforward. |
| Competent court | The duty court for the urgent proceedings. The Criminal Court for trial, unless a guilty plea is entered before the duty court. |
| Privileged guilty plea | A plea before the duty court allows the statutory one-third reduction of the sentence sought. |
| Exclusions | Connected offences that cannot be tried separately, cases involving child victims requiring pre-recorded evidence, and complex investigations. |
| If the route is unsuitable | Where the duty court finds the procedure inappropriate, it orders the case to continue under the ordinary abbreviated procedure, without invalidating the steps already taken. |
Requirements and procedure
- A custodial penalty not exceeding five years, or other penalties whose duration does not exceed ten years.
- Proceedings commenced by virtue of a police report, with a person detained and brought before the duty court or summoned as the person reported.
- One of the three circumstances of paragraph 1, namely a flagrant offence, one of the offences listed, or a presumably simple investigation.
- The absence of connection with offences outside that scope and the absence of any ground for ordering the secrecy of the proceedings.
Defence strategy
Transformation into the abbreviated procedure. Where the investigation is not simple, or where connected offences appear which fall outside the scope of the provision, the case must leave the rapid procedure. Applying for that transformation secures the periods and the opportunities for evidence which the rapid procedure compresses.
Flagrancy strictly construed. The first circumstance requires the offender to be caught in the act or pursued without interruption. A detention effected hours later, upon information from third parties or after an investigation, does not satisfy the requirement, however soon after the event it takes place.
Sufficiency of the time for the defence. The rapid procedure concentrates the steps into the duty service. Recording the impossibility of examining the file, of consulting with the client or of proposing evidence is the material upon which a denial of defence is later argued.
Connected offences. Paragraph 2 excludes the procedure where the offences are connected with others outside its scope. Raising that connection at the outset avoids a fragmentation of the proceedings which habitually prejudices the position of the defence.
Points of application
Flagrancy has its own statutory definition. The provision defines it in terms: an offence being committed or just committed where the offender is caught in the act, including a person detained or pursued immediately afterwards, or found with the proceeds, instruments or traces suggesting involvement. It is not an open-ended notion.
The decision to plead guilty should not be rushed. The one-third reduction is substantial, but it is taken within hours and often before the validity of the prosecution evidence has been examined. The lawfulness of the arrest, the notice of rights and the chain of custody of the material in the police report should be checked first.
An unsuitable route does not invalidate. Where the investigation proves more complex than expected, the court converts the urgent proceedings into preliminary proceedings and continues under the abbreviated procedure, preserving the validity of what has been done.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Article 779 LECrim: first decision in the abbreviated procedure
- Article 787 LECrim: attendance at trial and trial in absentia
- Criminal procedure deadline calculator
- Rights of the investigated person
This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.
Last reviewed: 21 September 2026.
Frequently asked questions
Which offences can be dealt with in the fast-track procedure?
Those punishable by imprisonment not exceeding five years, or by any other penalties, whether single, combined or alternative, not exceeding ten years, whatever their amount.
What counts as a flagrant offence?
One being committed or just committed where the offender is caught in the act, including a person detained or pursued immediately afterwards, or found with the proceeds, instruments or traces suggesting their involvement.
How do the proceedings start?
On a police report, with a detainee brought before the duty court or a suspect summoned to attend it, and provided there is flagrancy, one of the listed offences, or a straightforward investigation.
What is the advantage of pleading guilty before the duty court?
It allows the statutory one-third reduction of the sentence sought. The decision should be taken only after checking the lawfulness of the arrest and the validity of the prosecution evidence.
What happens if the investigation becomes complex?
The court orders the case to continue under the ordinary abbreviated procedure, converting the urgent proceedings into preliminary proceedings, without invalidating what has already been done.
Who ultimately tries the case?
The Criminal Court, unless the accused pleads guilty before the duty court, which then delivers a conformity judgment.
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