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Article 463 of the Spanish Criminal Code: failure to appear causing adjournment of the trial
Quick answerArticle 463 punishes with three to six months of imprisonment or a fine of six to twenty-four months a person who, having been lawfully summoned, voluntarily fails to appear without just cause before a court in criminal proceedings where a defendant is in pre-trial detention, thereby causing the trial to be adjourned. The penalty is increased for lawyers, court agents and public prosecutors.
This provision belongs to the offences against the administration of justice and protects the orderly conduct of criminal proceedings against failures to appear that frustrate the holding of the trial. Its application is infrequent but of considerable professional significance, since paragraph 2 expressly provides for aggravated liability of the lawyer, the court agent and the public prosecutor, and paragraph 3 for that of the judge, the member of the bench or the person performing the functions of court clerk. The requirement that a defendant be in pre-trial detention considerably narrows the scope of the principal form of the offence.
Also cited as: article 463 Spanish Criminal Code · art. 463 CP · Spanish Penal Code article 463 · artículo 463 del Código Penal.
Wording of the provision
1. Any person who, having been lawfully summoned, voluntarily fails to appear, without just cause, before a court in criminal proceedings in which a defendant is held in pre-trial detention, thereby causing the adjournment of the trial, shall be punished with three to six months of imprisonment or a fine of six to 24 months. A fine of six to 10 months shall be imposed on any person who, having been warned, does so a second time in criminal proceedings with no defendant in detention, whether or not an adjournment results.
2. Where the person liable for this offence is a lawyer, a court agent or a representative of the public prosecution service, acting professionally or in the exercise of their function, the penalty shall be imposed in its upper half, together with special disqualification from public employment or office, profession or occupation for two to four years.
3. Where the adjournment occurs, in the case of paragraph 1 of this article, as a result of the failure to appear of the judge or member of the bench or of the person performing the functions of court clerk, the penalty shall be three to six months of imprisonment or a fine of six to 24 months and, in any event, special disqualification for two to four years.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. Three to six months of imprisonment or a fine of six to twenty-four months under paragraph 1, and a fine of six to ten months in the repeat form. Under paragraph 2, the penalty in its upper half together with special disqualification for two to four years. Under paragraph 3, three to six months of imprisonment or a fine of six to twenty-four months and, in any event, special disqualification for two to four years.
Key facts
| Location | Book II, title XX, chapter VII of the Criminal Code, on obstruction of justice |
|---|---|
| Protected interest | Orderly functioning of the administration of justice and the right to trial without undue delay |
| Premise | Lawful summons and a defendant in pre-trial detention in the principal form |
| Result | Actual adjournment of the trial |
| Qualified subjects | Lawyer, court agent, public prosecutor, judge, magistrate and court clerk |
| Repeat form | Second failure to appear after a warning in proceedings with no detained defendant, with or without adjournment |
| Current wording | Sole article 146 of Organic Act 15/2003 of 25 November, as to paragraphs 1 and 3 |
Elements and scope
- A summons served in lawful form, complying with articles 166 and following of the Criminal Procedure Act and containing an express warning of the consequences of non-appearance.
- Voluntary failure to appear without just cause. Proven illness, a concurrent unavoidable duty or material impossibility exclude the offence.
- A defendant held in pre-trial detention in the proceedings, a requirement that delimits the principal form under paragraph 1.
- Actual adjournment of the trial, so that a failure to appear which does not prevent the hearing is not punishable, save in the repeat form.
- Under paragraphs 2 and 3, the professional status of the person concerned and action in the exercise of their function.
Points of application
Position of the defendant. The provision is addressed to those subject to a duty to appear. The defendant’s failure to appear has its own regime in articles 786.1 and 793 of the Criminal Procedure Act, which allow trial in absentia on the terms there provided, so that mere absence does not of itself give rise to liability under this offence.
The concept of just cause. Case law reads the term broadly, covering illness, accident, a coinciding unavoidable professional duty and serious family circumstances, provided these are established and, so far as possible, notified to the court in advance.
Relationship with disciplinary correction. Articles 175 and 420 of the Criminal Procedure Act and article 553 of the Judiciary Organic Act provide for fines and disciplinary corrections. A prior disciplinary sanction for the same facts requires examination of the principle against double punishment.
Conflicting hearing dates for counsel. Under settled forensic practice, a conflict of listings constitutes just cause where it is notified in good time and evidenced by a certificate from the other court, in line with the criteria set out in court agreements on adjournments.
The repeat form. The closing sentence of paragraph 1 does not require an adjournment, but it does require a prior warning and a second failure to appear in proceedings with no detained defendant. The absence of a documented formal warning precludes this form.
Defence strategy
Challenge the regularity of the summons. The service of the communication, the identity of the recipient, the address designated and the record of the warning must be examined. Defects in service negate the normative element of the offence.
Establish just cause. Medical certificates, travel records, a certificate of the conflicting listing and prior notification to the court are the essential evidence for the defence.
Deny the causal link with the adjournment. If the trial would have been adjourned in any event for another reason, the statutory result is absent. The record of adjournment and the reasons stated in it should be examined.
Verify the custodial status in the underlying proceedings. The absence of a defendant in pre-trial detention excludes the principal form and, where appropriate, reduces the case to the repeat form, which carries a markedly lower penalty.
Invoke the rule against double punishment. Where the court has already imposed the disciplinary fine of article 420 of the Criminal Procedure Act for the same facts, identity of subject, facts and basis should be argued.
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
Does a defendant who fails to attend trial commit this offence?
A defendant’s failure to appear is governed by articles 786.1 and 793 of the Criminal Procedure Act, which allow trial in absentia in certain cases, and may lead to an arrest warrant. Article 463 is addressed to those under a duty to appear.
What happens if a witness does not appear?
Where the summons was regular, the failure voluntary and without just cause, and a defendant was in pre-trial detention, causing the adjournment, the offence may be committed. Otherwise a disciplinary fine applies and, where appropriate, the witness may be brought by the police.
Can a lawyer be convicted for failing to attend a trial?
Paragraph 2 expressly contemplates that situation, with the penalty in its upper half and special disqualification for two to four years. All the elements of paragraph 1 must nonetheless be present.
Is a conflicting hearing date just cause?
It constitutes just cause where it is notified to the court in advance and the conflicting listing is documented. Failure to notify materially weakens that argument.
Is a single failure to appear enough?
In the principal form, yes, provided it causes the adjournment and a defendant is in pre-trial detention. In proceedings with no detained defendant, a prior warning and a second failure to appear are required, punishable by a fine.
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