In a fast-track trial, fewer than fifteen days may pass between the arrest and the judgment. That speed has a technical price: the important decisions, whether to give a statement, whether to accept a plea agreement, how to negotiate the sentence, are taken within hours. Understanding how the plea agreement (conformidad) and the one-third reduction work is essential in order not to sign an avoidable conviction.
Which offences are dealt with as fast-track trials
The fast-track procedure (Articles 795 et seq. of the Spanish Criminal Procedure Act, LECrim) applies to offences punishable with up to five years’ imprisonment, when the proceedings start from a police report with a person arrested or summoned, and the offence is flagrant or simple to investigate: drink-driving and other road-safety offences, theft, assault, threats, gender violence, squatting or small-scale drug dealing, among others.
The plea agreement before the duty court: the one-third reduction
If the prosecutor requests a sentence of up to three years’ imprisonment, the accused may accept it before the duty court itself and automatically obtain a reduction of one third of the sentence (Article 801 LECrim). Example: a request of nine months becomes six. If the resulting sentence does not exceed two years and the requirements are met, its suspension may also be agreed: the person does not go to prison.
Accepting a plea is not always advisable
The plea agreement is a tool, not a destination. It is advisable when the evidence is solid (a clear positive breath test, a flagrant offence) and the aim is to minimise the sentence, the criminal record and the costs. It is not advisable when there are real technical defences: irregular checkpoints, errors in the police report, lack of proof that the person was driving, or facts that do not amount to an offence. Before signing, the lawyer must examine the complete police report and calculate the ancillary consequences: criminal record, loss of the driving licence, compensation and civil liability.
Read also our analysis of the fast-track drink-driving trial in Spain.
The timeline of a fast-track trial, step by step
The procedure begins with the police report. When the police arrest or summon a person for one of the offences that qualify, they prepare the report and summon the parties directly before the duty court of the Tribunal de Instancia, usually within a few days. At the duty court, the investigating judge conducts the urgent proceedings: the statement of the accused, the examination of witnesses who are available, the medical reports and the documents. Once these are complete, the prosecutor decides whether to request the opening of the trial and formulates the accusation orally or in writing.
At that moment the accused has three options: to accept the sentence requested with the one-third reduction, to request the opening of the trial and prepare the defence, or, where the facts are not sufficiently clarified, to have the case converted into ordinary preliminary proceedings. If the plea is not accepted, the trial is scheduled before the criminal section of the court within a very short time, and the defence must submit its written defence and propose its evidence within a period of days. That compression of time is why the choice of lawyer must be made at the police station, not afterwards.
The consequences that a plea agreement does not remove
Accepting a plea reduces the sentence but does not remove the ancillary consequences. In road-safety offences, the loss of the driving licence is mandatory and its duration is fixed in the judgment; a foreign licence is affected in the same way while the person drives in Spain. The conviction is entered in the Central Register of Convicted Persons and appears in the criminal record certificate that many employers, licensing bodies and immigration authorities request. Under Article 136 of the Criminal Code, the record is cancelled only after a period counted from the completion of the sentence: six months for minor offences, two years for sentences not exceeding twelve months and for offences of negligence, three years for the remaining sentences of less than three years, and five years for less serious sentences of three years or more.
The civil liability is also part of the plea. In an assault case, for example, the compensation for injuries is agreed together with the sentence, and the suspension of the prison sentence is usually made conditional on its payment. A plea that appears cheap in terms of months may therefore be expensive in money and in professional consequences, which is why it must be calculated in full before signing.
Foreign residents: interpreter, records and residence
A foreign national has the right to an interpreter free of charge at every stage, including the police statement and the plea itself, under Article 520 of the Criminal Procedure Act: a plea accepted without understanding its terms is challengeable. The conviction, even with a suspended sentence, may be taken into account in the renewal of residence permits and in applications for Spanish nationality, and it may have to be declared in other countries. For a resident or a visitor, the decision between accepting a plea and going to trial therefore has an immigration dimension that must be assessed with the lawyer before the hearing.
Frequently asked questions
Is the one-third reduction automatic?
Yes, if the plea is entered before the duty court under Article 801 LECrim and the sentence requested does not exceed three years. Outside that procedural moment, the reduction no longer applies.
Can I accept the plea and stay out of prison?
If the reduced sentence does not exceed two years and you have no relevant previous convictions, the general rule is suspension of the sentence, sometimes conditional on paying the civil liability or attending training programmes.
What happens if I do not accept the plea?
A trial is scheduled before the criminal court within short time limits. Arriving at that hearing with the defence evidence prepared is the job of the defence: the speed of the procedure cannot curtail your right to defend yourself.
Does a plea agreement create a criminal record?
Yes: it is a conviction. Its future cancellation and its effect on reoffending must therefore be assessed before accepting it.
Can I accept a plea if I do not speak Spanish?
Yes, but only with a free interpreter present, under Article 520 of the Criminal Procedure Act. A plea accepted without understanding its terms can be challenged.
When is the criminal record from a plea cancelled?
Under Article 136 of the Criminal Code, after a period counted from the completion of the sentence: six months for minor offences, two years for sentences of up to twelve months, three years for other sentences of less than three years and five years for sentences of three years or more.
Related guides
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This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
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 →
