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The fast-track procedure of Articles 795 to 803 of the Criminal Procedure Act compresses into hours what the ordinary procedure takes months to do. The defence stakes the outcome at the first appearance, not at trial.
In brief. The police report enters the duty court, the urgent measures of Article 797 are taken and the prosecutor formulates the accusation on the spot. The legal design rewards speed: a negotiated judgment with a one-third reduction, sentence the same day, and suspension resolved at the same appearance. A fast-track case is not lost in the courtroom: it is lost through what nobody checked in the first hours.
The fast-track trial of certain offences, governed by Articles 795 to 803 of the Criminal Procedure Act, compresses into hours what the ordinary abbreviated procedure spreads over months: the police report enters the duty court, the urgent measures of Article 797 are carried out and the Public Prosecutor formulates the accusation on the spot. The defence stakes the result at the first appearance, not at the trial.
The legal design rewards speed: a negotiated judgment with a one-third reduction, judgment handed down the same day, suspension resolved at the same hearing. That speed benefits whoever arrives prepared, and punishes whoever signs in a corridor without having read the file.
| Offence | Article | Penalty framework | Key aggravating factor |
|---|---|---|---|
| Drink driving above the criminal limit (over 0.60 mg/l breath or 1.2 g/l blood) | 379.2 CP | 3 – 6 months prison, or fine, or community service, and driving ban of 1 to 4 years | Accident with injuries or reckless driving (Art. 380) |
| Refusal to undergo testing | 383 CP | 6 months – 1 year + driving ban 1 – 4 years | Concurrence with 379.2 where the level is otherwise proven |
| Driving without a licence | 384 CP | 3 – 6 months prison, or fine, or community service | Driving after a previous conviction for the same offence |
| Theft over €400 | 234.1 CP | 6 – 18 months | Multi-recidivism and Article 235 circumstances |
| Robbery with force | 237 · 240.1 CP | 1 – 3 years | Inhabited dwelling: Art. 241.1, 2 – 5 years |
| Injuries requiring medical or surgical treatment | 147.1 CP | 3 months – 3 years or fine | Weapons or dangerous instruments: Art. 148.1º, 2 – 5 years |
| Habitual physical or psychological violence | 173.2 CP | 6 months – 3 years + weapons ban 3 – 5 years | Committed at the shared home or before minors |
| Drugs not causing serious harm | 368 CP (final clause) | 1 – 3 years + fine | Notorious quantity (Art. 369.1.5ª) expels the case from the fast track |
Penalty ranges are indicative and set out the ordinary framework; the sentence actually imposed depends on the degree of completion, aggravating and mitigating circumstances and the specific facts of each case.
A fast-track case is not lost in the courtroom: it is lost through what nobody checked in the first hours. The real time of driving, the calibration certificate of the breathalyser, the valuation of the object, the medical report that turns minor injuries into a more serious offence. What is not challenged at the duty court becomes a proven fact. From the first appearance we deploy the same method as in a complex case: LIWARD, Legal Intelligence Warfare for Defense, our own methodology integrating legal intelligence, case-law analytics, financial analysis and e-forensics into a single procedural strategy.
Four errors turn an apparent reduction into an unappealable conviction. Accepting a negotiated judgment without having read the full report: Article 118 LECrim grants the right to examine the file and Article 520.2 d) access to the essential elements; ask for it in writing and place any refusal on record. Failing to compute the reduced penalty against the suspension threshold: Article 801.1 requires that the penalty, reduced by one third, not exceed two years, exactly the limit of Article 80 of the Criminal Code; with live records, acceptance can mean actual imprisonment. Accepting the expert results without contrast: the device’s verification, the interval between tests, the chain of custody and the real scope of the medical treatment are all challengeable, and once the duty-court stage closes there is no margin. And letting the five days for the defence brief run: that non-extendable period is the only moment to propose evidence, call witnesses and experts and articulate an alternative classification.
Internal thefts, damage, shop thefts or incidents with employees reach the duty court as flagrant offences. The company decides within hours whether to appear as private prosecutor, how to value the loss and whether to negotiate reparation.
The manager arrested at a breath test or investigated over a traffic incident risks the driving licence, insurance cover and continuity in office, all in a single appearance and with no margin for error.
Whoever is summoned before the duty court needs to know, before entering, what penalty the prosecutor will seek, whether the one-third reduction leaves the penalty under two years and whether suspension under Article 80 is truly viable.
The appearance of a private prosecution prevents the negotiated judgment of Article 801: whoever appears in time controls the classification, the civil liability and the pace of the proceedings.
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Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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