Criminal defence throughout Spain · offices in Madrid and Alicante
The 2015 reform abolished misdemeanours and turned part of them into minor offences, tried through the procedure of Articles 962 to 977 of the Criminal Procedure Act: a process without an investigation phase, where the trial can be held the very same day.
In brief. The police summon complainant, accused and witnesses before the duty court, and the trial may take place that day. There is no second chance to produce evidence: only what each party brings is heard. That brevity creates an illusion of insignificance, but a conviction leaves an entry in the criminal record, an enforceable civil award, and effects on residence permits and nationality applications.
The 2015 reform abolished the old misdemeanours and converted part of them into minor offences, tried through the procedure of Articles 962 to 977 of the Criminal Procedure Act. The result is a process without an investigation phase: the police summon the complainant, the accused and the witnesses before the duty court, and the trial can be held that same day. There is no second opportunity to produce evidence: what each party brings with them is what is heard.
That brevity creates an illusion of insignificance. But a conviction for a minor offence is entered in the Central Register of Convicted Persons, fixes a directly enforceable civil compensation, and weighs on the renewal of residence permits and on nationality applications. It is tried once, and the error is not reversible.
| Offence | Article | Penalty | Factor that changes everything |
|---|---|---|---|
| Minor injuries (no medical or surgical treatment) | 147.2 CP | Fine of 1 to 3 months | Victim within Art. 173.2: the facts move to Art. 153.1, imprisonment 6 months to 1 year |
| Physical mistreatment without injury | 147.3 CP | Fine of 1 to 2 months | Partner or ex-partner: Art. 153.1, with a restraining order |
| Minor theft (up to €400) | 234.2 CP | Fine of 1 to 3 months | Article 235 circumstances: imprisonment 1 to 3 years |
| Minor threat (outside the family sphere) | 171.7 CP | Fine of 1 to 3 months | Art. 173.2 sphere: Art. 171.4, imprisonment 6 months to 1 year |
| Minor coercion | 172.3 CP | Fine of 1 to 3 months | Art. 173.2 sphere: Art. 172.2, imprisonment 6 months to 1 year |
| Minor insult or humiliation (Art. 173.2 victim) | 173.4 CP | Permanent localisation 5-30 days, community service 5-30 days or fine 1-4 months | A prior restraining order: concurrence with Art. 468.2 |
| Minor damage (up to €400) | 263.1 CP | Fine of 1 to 3 months | Article 263.2 cases: imprisonment 1 to 3 years and fine |
| Injuries by less serious negligence | 152.2 CP | Fine of 3 to 12 months; with a motor vehicle, driving ban 3 months to 1 year | Notorious gravity with several victims: Art. 152 bis |
Penalty ranges are indicative and set out the ordinary framework; the sentence actually imposed depends on the circumstances of each case.
The difference between an acquittal and a conviction for a minor offence usually lies in details nobody reviews: whether the offence required a prior complaint that is missing or was withdrawn, whether the medical report truly describes medical treatment, whether the valuation exceeds 400 euros or not, and whether the relationship between the parties shifts jurisdiction to the court for violence against women. The 400-euro threshold and the scope of the medical report decide the entire classification. We apply here the same method as in complex cases: LIWARD, Legal Intelligence Warfare for Defense.
Most convictions for minor offences are lost through preparation, not on the merits. Four errors decide them. Appearing without a lawyer because it is only a fine: Article 967.1 LECrim permits it, and that is precisely the risk, because without technical defence nobody challenges the medical report, the valuation or the civil liability, and the conviction leaves a record with immigration and employment effects. Arriving without the evidence that can be taken that day: there is no investigation phase, and witnesses not summoned, medical reports not produced, photographs or messages not brought simply do not exist for the court. Trusting that non-appearance suspends the trial: Article 971 LECrim allows trial in the absence of the duly summoned accused. And accepting the civil award or letting the five-day appeal period lapse: Article 976.1 grants five days to appeal and Article 977 bars any recourse against the appellate judgment.
Those summoned for minor injuries, theft, threats, coercion or damage: preparation of the hearing, challenge of reports and defence of the classification.
Victims seeking conviction and compensation: their statement at trial carries the value of an accusation in offences requiring a prior complaint.
Establishments facing shoplifting and minor damage: valuation of the loss, private prosecution and recovery.
Non-nationals for whom any conviction weighs on residence renewal and nationality: defence aimed at acquittal and at avoiding registry entries.
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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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