What used to be “misdemeanour trials” (juicios de faltas) are today trials for minor offences (delitos leves). Although they may seem minor, a conviction is recorded and can have consequences, so it is worth taking them seriously and preparing the defence properly.
What a minor offence is
Following the 2015 reform, minor offences replaced misdemeanours. They are less serious infringements such as petty theft, minor threats or coercion, insults, or some minor bodily harm. They are punished mainly with a fine.
How the procedure works (arts. 962 et seq. LECrim)
It is characterised by immediacy: the parties are summoned and the trial is normally held in a single hearing, with the taking of evidence (statements, witnesses, documents) and a judgment within a short time. In many cases it is handled as an immediate trial.
Do I need a lawyer?
In a minor offence trial the assistance of a lawyer is not compulsory, but it is highly advisable: the assessment of the evidence, the nuances of the offence and the defence strategy make the difference between acquittal and conviction.
How to prepare your defence
1. Gather all the evidence in your favour and submit it.
2. Locate and summon the witnesses.
3. Analyse whether the elements of the offence are present.
4. Consider with your lawyer a possible plea agreement if it is advantageous.
Usual penalties
The most frequent penalty is a fine (calculated in daily units according to your income). In some cases house arrest or community service may apply. The amount depends on the seriousness and the circumstances.
Criminal record and consequences
A conviction for a minor offence creates a criminal record (with its own expungement rules), so the procedure should not be trivialised, especially if it may affect your working or administrative life.
Frequently asked questions
Can I fail to appear? The trial may be held in your absence and you would lose the chance to defend yourself. Can it be appealed? Yes, an appeal may be lodged against the judgment. Will I have a criminal record? Yes, if convicted, until it is expunged.
Are you in this situation? Do not make any statement or take decisions without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
