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Article 783 Spanish Criminal Procedure Act: opening of the trial
Quick answerArticle 783 of the Spanish Criminal Procedure Act provides that, where the prosecution or a private prosecutor applies to open the trial, the court shall so order unless the case falls within Article 637(2) or there are no reasonable indications of criminal conduct. The same order rules on precautionary measures and designates the trial court. The order cannot be appealed, save as regards the defendant’s custodial situation.
This is the decision that closes the investigation and opens the trial stage in the abbreviated procedure. Its content shapes everything that follows: the charge to be tried, the precautionary measures in force and the court that will hear the case. Because the order cannot be appealed, except on custody, the defence effort must be concentrated beforehand.
Also cited as: article 783 Spanish Criminal Procedure Act · art. 783 LECrim · LECrim article 783 · artículo 783 de la Ley de Enjuiciamiento Criminal.
Wording of the provision
1. Where the opening of the trial is applied for by the prosecution or a private prosecutor, the investigating court shall so order, unless it considers that the case falls within Article 637(2) or that there are no reasonable indications of criminal conduct against the accused, in which case it shall order the corresponding dismissal under Articles 637 and 641.
Where the investigating court orders the opening of the trial only at the request of the prosecution or of a private prosecutor, the court clerk shall give fresh notice to the party that had sought dismissal, allowing three days to file an indictment, unless that party has waived it.
2. In ordering the opening of the trial, the investigating court shall rule on the adoption, modification, suspension or revocation of the measures sought by the prosecution or the private prosecutor, both in relation to the accused and in relation to those civilly liable, from whom security may be required where the accused does not provide it within the period set, and on lifting measures imposed on persons who have not been charged.
In the same order the investigating court shall designate the court competent to hear and decide the case.
3. No appeal lies against the order opening the trial, except as regards the custodial situation, and the accused may renew before the trial court any applications not granted.
Consolidated text published by the Spanish Official State Gazette, Royal Decree of 14 September 1882 approving the Criminal Procedure Act. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. A procedural provision. It carries no penalty: it governs the content and effects of the order opening the trial in the abbreviated procedure.
Key facts
| Scope | Abbreviated procedure. The intermediate stage, once the preliminary proceedings are closed. |
|---|---|
| Trigger | An application to open the trial by the prosecution or by a private prosecutor. |
| Grounds for dismissal | The situation in Article 637(2) and the absence of reasonable indications of criminal conduct, with dismissal under Articles 637 and 641. |
| Required content | Rulings on personal and asset-related precautionary measures, security from those civilly liable, the lifting of measures against persons not charged, and designation of the trial court. |
| Appeals | The order cannot be appealed, except as regards the custodial situation. Applications not granted may be renewed before the trial court. |
| Notice to the party seeking dismissal | Where the trial is opened only at one prosecutor’s request, fresh notice is given for three days to the party that had sought dismissal so that it may file an indictment, unless it waives that step. |
| Terminology | References to the investigating court and to the court clerk are to be read in line with the current judicial organisation, with the Courts of First Instance and the Judicial Administration Counsel. |
Elements and scope
- An application to open the trial by a prosecutor with standing.
- A judicial assessment of whether there are reasonable indications of criminal conduct.
- An express ruling on the precautionary measures sought.
- Designation of the court competent to hear and decide the case.
Points of application
Testing the indications is the real filter. The court does not simply record the prosecution’s request: it must verify that reasonable indications of criminal conduct exist. This is the point at which the defence can obtain a dismissal without going to trial.
No appeal does not mean no further debate. Applications not granted may be renewed before the trial court, in particular as preliminary issues at the start of the hearing.
The exception on custody. The only appealable element concerns pre-trial detention or personal measures, which allows their continuation or tightening to be challenged at this stage.
Defence strategy
Defence submissions and application for dismissal. The existence of indications should be challenged before the order is made, through reasoned submissions setting each element of the charge against the material gathered.
Challenging the precautionary measures. This is the only appealable content. Their lifting or modification should be expressly sought and, where appropriate, appealed within the statutory period.
Reserving preliminary issues. Nullities, breaches of fundamental rights and jurisdictional defects must be renewed as preliminary issues at the start of the trial, under Article 786(2).
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.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What is the order opening the trial?
The decision that closes the intermediate stage of the abbreviated procedure and sends the case to trial, also setting the precautionary measures and designating the trial court.
Can the court refuse to open the trial?
Yes. It must order dismissal where the case falls within Article 637(2) or where there are no reasonable indications of criminal conduct against the accused.
Can the order be appealed?
No, except as regards the custodial situation. Other applications not granted may be renewed before the trial court.
What if only one prosecutor seeks the opening?
Fresh notice is given for three days to the party that had sought dismissal so that it may file an indictment, unless it has waived that step.
What is decided about those civilly liable?
The order rules on the measures sought against them and may require security where the accused does not provide it within the period set.
Where can the official text be consulted?
In the consolidated version of the Criminal Procedure Act published by the Spanish Official State Gazette.
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