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The criminal process

The Spanish criminal process step by step: frequently asked questions

The criminal process step by step From the complaint to the trial: what being under investigation means, summonses, whether to testify, time limits, pre-tri

In brief. The Spanish criminal process consists of the investigation phase, an intermediate phase and the oral trial, before the Criminal Court or the Provincial Court depending on seriousness, with the possibility of appeal and, where applicable, cassation. It is advisable to have a lawyer from the first contact with the police or the court.

The criminal process step by step

From the complaint to the trial: what being under investigation means, summonses, whether or not to testify, time limits, statute of limitations, pre-trial detention, searches and criminal records. Short answers with links to fuller analyses.

What is the difference between a denuncia and a querella?

A denuncia reports facts and does not oblige you to take further part; a querella makes you an active party to the proceedings, requires a lawyer and a court agent (procurador) and allows you to propose evidence and lodge appeals. When defending victims, we consider a querella where the case needs momentum.

What does being “investigado” mean? Is it the same as accused?

No. An investigado is someone who appears in a judicial investigation; many proceedings are closed without any charge. The accused is the person who reaches trial under a formal accusation. The investigation phase is where most can be done for the defence.

I have received a court summons. What should I do?

Do not attend without a lawyer. We verify in what capacity you are summoned (witness or suspect), request access to the case file and prepare the statement. Testifying without knowing the content of the case is the most frequent mistake, and the most expensive.

Can I refuse to testify?

As a suspect, yes: it is a constitutional right that cannot be held against you. As a witness there is a duty to testify and to tell the truth, with exceptions (family ties, professional secrecy). We advise you on the correct position at each procedural stage.

How long do criminal proceedings last?

It depends on complexity: a fast-track trial can be resolved in weeks; a complex economic investigation, several years. Once we know the case file we give you a realistic horizon by phases, which is also how we structure the fee estimate.

What is a fast-track trial (juicio rápido)?

A summary procedure for less serious offences with a recent arrest or police report. Time limits are counted in days, so the strategy (including a possible guilty plea with a one-third reduction of the sentence) must be decided immediately.

What is a conformidad (negotiated plea) and when is it advisable?

An agreement with the prosecution that closes the case with a reduced and certain penalty. It is advisable only after analysing the evidence: never as a quick exit. If the evidence is weak or was obtained in breach of rights, we fight for acquittal.

What is pre-trial detention and when is it ordered?

It is the most serious and exceptional precautionary measure: it requires solid indications of guilt plus a risk of flight, destruction of evidence or reoffending. It is decided at a short hearing after arrest, and prior preparation (community ties, documentation) makes the difference.

Can they search my home or my company?

Only with a reasoned court order, subject to narrowly defined exceptions (flagrante delicto, consent). The search must be carried out with safeguards; defects can invalidate the evidence obtained. For companies, a protocol for responding to inspections is advisable.

When does an offence become time-barred?

Between 1 and 20 years depending on the penalty, counted from commission; the most serious offences are never time-barred. The limitation period is interrupted when the proceedings are directed against the suspect: we always analyse whether the case arrived too late.

What is civil liability arising from the offence?

The compensation for the damage caused by the act, which is claimed within the criminal proceedings themselves. Repairing it before trial also operates as a mitigating circumstance.

I am the victim of an offence. Should I join the proceedings as a private prosecutor?

Yes, when you want to drive the case forward: it allows you to propose measures, appeal against dismissals and claim compensation. We act both for the defence and for the prosecution.

What happens if I breach a restraining order?

It is a separate offence of breach of a judicial order, even if the other person consents to the contact. If a measure is in force, any incident must be handled through legal channels, never informally.

When are criminal records expunged?

After statutory periods from completion of the sentence (from 6 months to 10 years depending on its seriousness). In practice it is not automatic: we process the cancellation before the Central Register of Convicted Persons.

How do I know whether criminal proceedings are open against me?

If there is a judicial investigation you will normally receive a summons; but there may be preliminary proceedings without notification. We can verify it by appearing before the competent courts and consulting the relevant registers.

When can I see the complete case file?

From the moment you are considered a suspect and always before the first interview (Directive 2012/13/EU); during the investigation, as it progresses, except under temporary secrecy. Controlling that access is essential in order not to testify blind.

Can I be convicted solely on the victim’s statement?

Yes, if it passes the case-law parameters: persistence, internal and external coherence and peripheral corroboration. The defence works precisely on those parameters: contradictions, spurious motives and lack of corroboration.

Can I be convicted without direct evidence, on circumstantial evidence alone?

Yes, through circumstantial evidence: fully proven, plural and interconnected indications, with reinforced reasoning by the court (Constitutional Court doctrine since 1985). If the chain of indications has a weak link, the conviction can be appealed.

Can my partner or a relative refuse to testify against me?

Yes: the dispensation of Article 416 of the Criminal Procedure Act exempts spouses, partners and close relatives from testifying. Its procedural operation is delicate (waivers, prior statements, victims joined as parties): it changes entire trials.

Is a conversation I recorded myself valid as evidence?

As a rule, yes: recording a conversation in which you take part does not breach the secrecy of communications. The limits: not provoking the offence or invading the privacy of third parties, and authenticating the recording through expert analysis.

What happens if there are contradictory expert reports?

The court weighs the methodological rigour of each. A rigorous party-appointed expert report can neutralise the official one: that is why we integrate the forensic laboratory and welcome the client’s trusted experts.

I am under investigation but not detained. Do I have the same information rights?

Yes: Article 118 of the Criminal Procedure Act guarantees from the outset the right to know the facts, their legal classification and to access the proceedings, without waiting to be summoned to testify. Activating those rights early changes the defence position.

Am I entitled to copies of the rulings and the case file?

Yes, the parties that have entered an appearance can obtain copies of rulings and proceedings (except under temporary secrecy). Through your lawyer you will have a copy of everything relevant in the procedure.

What happens if my trial is adjourned on the day?

Adjournments (non-appearances, illness, clashing listings) require a new date, sometimes months away. If delays accumulate through no fault of yours, they can support the mitigating circumstance of undue delay.

Are trials recorded? Can I obtain the recording?

Yes, hearings are recorded (video record) and the defence can access the recordings. They are a key tool for preparing appeals: what is on video is not open to dispute.

Can I testify or attend a hearing by videoconference?

Digital justice allows it in many proceedings (statements, short hearings, remote witness evidence), although in trials for serious offences the physical presence of the accused remains the rule. We assess it case by case and request it when it benefits you.

What is the electronic court file?

The complete case in digital format: your lawyer accesses proceedings and notifications electronically (LexNET) without waiting for journeys or paper copies. In our case, it is combined with the large-scale document analysis of the LIWARD methodology.

Legal framework

Related links

Can’t find your answer? Free first 15-minute online consultation. 24-hour criminal emergencies: 669 30 21 13 · info@societejuridique.com

Next step

The evidence from that night has an expiry date

Recordings are deleted within a month and witnesses leave the country in September. Tell us what happened, with the injury report and the summons in front of you, and we will tell you frankly what can be sustained and what cannot.

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