Together with articles 786 and 787, this provision is the backbone of the abbreviated trial. Its paragraph 5 is one of the most significant safeguards of the right of defence, allowing the session to be adjourned where the prosecution’s final submissions worsen the defendant’s position, in implementation of constitutional doctrine on the accusatorial principle and the prohibition of prejudice to the defence. Its paragraph 3, in turn, contains the rule on the documentary value of official reports on narcotics, applied daily in the defence of offences against public health.
Also cited as: article 788 Spanish Criminal Procedure Act · art. 788 LECrim · LECrim article 788 · artículo 788 de la Ley de Enjuiciamiento Criminal.
1. Evidence shall be taken in concentrated form, in as many consecutive sessions as are necessary. Exceptionally, the court may order the suspension or adjournment of the session, up to a maximum of thirty days, in the cases of article 746, the steps already taken remaining valid, unless the judge or a member of the bench is replaced in the case of number 4 of that article.
The failure to establish recovery from injury, the assessment of damage or the verification of another circumstance of similar significance shall not be grounds for adjourning the trial, provided it is not an indispensable requirement for the legal classification of the facts. In that case, the quantification of civil liability shall be deferred to the enforcement stage, the judgment setting out its bases.
2. The provisions of article 703 bis shall apply as regards the witness not taking part in the trial, where pre-constituted evidence has been taken in accordance with articles 449 bis and following.
3. The expert report may be given by a single expert. Within these proceedings, reports issued by official laboratories on the nature, quantity and purity of narcotic substances shall have the character of documentary evidence where they state that they were carried out following the scientific protocols approved by the relevant rules.
4. Once the evidence has been taken, the judge or presiding judge shall call on the prosecution and the defence to state whether they confirm or amend the conclusions of their initial written submissions and to set out orally whatever they consider appropriate on the assessment of the evidence and the legal classification of the facts.
5. Where, in its final submissions, the prosecution changes the legal classification of the facts or a greater degree of participation or execution or aggravating circumstances are relied on, the court may consider adjourning the session, up to a limit of ten days, at the request of the defence, so that it may properly prepare its submissions and, where appropriate, produce such evidence in its favour as it considers appropriate. Following any new evidence the defence may request, the prosecuting parties may in turn amend their final submissions.
6. Where all the prosecuting parties classify the facts as offences punishable by a sentence exceeding the jurisdiction of the criminal court, that court shall declare itself without jurisdiction, bring the trial to an end, and the court clerk shall send the file to the competent Provincial Court. Otherwise, the criminal court shall decide as it considers appropriate on the continuation or conclusion of the trial, but may in no case impose a sentence above that corresponding to its jurisdiction.
7. As regards the recording of the trial sessions and their documentation, the provisions of article 743 of this Act shall apply.
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.
| Location | Book IV, title II, chapter IV of the Criminal Procedure Act, on the trial and judgment |
|---|---|
| Guiding principle | Concentration of the sessions |
| Adjournment limit | Thirty days, in the cases of article 746 |
| Expert evidence | A single expert suffices |
| Laboratory reports | Documentary evidence where compliance with scientific protocols is stated |
| Adjournment on amended submissions | Up to ten days, at the defence’s request |
| Current wording | Final provision 1.14 of Organic Act 8/2021 of 4 June, which added paragraph 2 |
Request the paragraph 5 adjournment with reasons. Faced with amended submissions that worsen the client’s position, an adjournment should be expressly sought, identifying the exculpatory evidence to be produced and recording an objection if refused.
Challenge laboratory reports in good time. A reasoned challenge in the written defence is the precondition for compelling the expert’s attendance and depriving the report of its documentary value.
Monitor the adjournment periods. Where the thirty-day limit is exceeded, the nullity of the sessions held and the repetition of the trial should be sought, with the appropriate objection.
Protect immediacy. Any change in the composition of the bench requires the evidence to be taken again. The defence should record the incident and request repetition.
Anticipate the civil quantification. Deferring civil liability to enforcement requires the judgment to set out the bases. It is advisable to seek their precise formulation to avoid disproportionate assessments.
Defence in this area
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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.
Yes, exceptionally and in the cases of article 746, up to a maximum of thirty days. The steps taken remain valid unless the judge or a member of the bench is replaced.
The defence may request an adjournment of up to ten days to prepare its submissions and produce exculpatory evidence. An unjustified refusal may cause prejudice to the defence.
Yes. Paragraph 3 expressly allows the expert report to be given by one expert, unlike the regime of the ordinary sumario.
Only where the report has been challenged in a reasoned and timely manner in the written defence. Otherwise, the report has the value of documentary evidence.
No. Paragraph 6 expressly prevents this, and where all prosecuting parties raise the classification above that limit the court must decline jurisdiction and send the file to the Provincial Court.