Updated to LO 1/2026 and LO 1/2025 · Reviewed July 2026 · Author: Francisco Javier Martín Porras, criminal lawyer and court expert · SCJE team
Between full liberty and pre-trial detention there is an entire catalogue of intermediate measures that secure the proceedings without imprisonment: the obligation to appear, withdrawal of the passport, prohibitions on leaving the country, bail. Structuring them well is what keeps our clients out of prison while they defend themselves. We comment on their regime and on the bonds and attachments that cover pecuniary liabilities.
In brief. In brief. Provisional release may be ordered with or without bail (art. 529 LECrim). Periodic appearances apud acta are the star measure: the 1st and 15th of each month at the court. Withdrawal of the passport and the prohibition on leaving the country neutralise the risk of flight. The bond of art. 589 secures civil liabilities: it is different from release bail.
Between full liberty and pre-trial detention the LECrim offers a complete catalogue of intermediate measures: the obligation to appear periodically before the court (apud acta), withdrawal of the passport, prohibitions on the issuance of travel documents or on leaving the territory, and bail in its various classes. Provisional release lasts as long as the case requires and, like every precautionary measure, is reviewed when circumstances change: the golden procedural rule is that prison is the exception and liberty the rule (art. 528 LECrim).
Our defence work consists of proposing a credible precautionary package as an alternative to detention, fighting for bail amounts proportionate to real economic capacity (an unattainable bail is disguised imprisonment), requesting the modification of measures as the proceedings advance and the risk declines, and recovering bonds and lifting attachments at the close of the case.
| Measure | Legal basis | Content | Practical key |
|---|---|---|---|
| Provisional release | Arts. 528 and 529 LECrim | Liberty during the proceedings, with or without bail | Reviewed at every favourable procedural milestone |
| Apud acta appearances | Art. 530 LECrim | Appearing at court on fixed days and whenever summoned | Modulable: monthly, at the domicile court, even telematic |
| Release bail | Arts. 529 and 531 LECrim | Fixed according to offence, record and flight incentives | Must match real capacity; unattainable bail is appealed |
| Withdrawal of passport | Art. 544 LECrim scheme | Prohibition of issuance and of leaving the territory | Neutralises flight risk of persons with international ties |
| Modification of measures | Art. 539 LECrim | Aggravation requires prosecution request and hearing | Aggravations without a hearing are null save validated urgency |
| Civil bond | Art. 589 LECrim | Secures probable pecuniary liabilities | Adjusted with quantification expert report; distinct from release bail |
| Attachment of assets | Arts. 597 et seq. LECrim | Subsidiary to the bond, on sufficient assets | Alternatives offered: guarantee or non-essential property |
| Abbreviated specialties | Art. 764 LECrim | Civil rules of the LEC: provisional pensions, vehicle intervention | Liquidity for victims without waiting for the judgment |
Summary drawn from the Spanish source page for orientation purposes. The applicable provisions are those in force at the relevant time; each case requires individual analysis by a criminal lawyer.
Original commentary by the firm, checked against the reference work in our library: Ley de Enjuiciamiento Criminal Comentada, Lefebvre-El Derecho, 13th edition, May 2026. Structuring the intermediate measures well is what keeps clients out of prison while they defend themselves: the package must be credible for the court and bearable for the client.
A credible package of intermediate measures (appearances, passport, bail) is the alternative that keeps the client at liberty while the defence is prepared.
The amount must attend to real economic capacity, not only to the gravity of the offence: an unattainable bail turns liberty into imprisonment and is appealed with economic documentation.
Withdrawal of the passport and prohibitions on leaving the territory neutralise the flight-risk argument surgically, preserving liberty during the proceedings.
The civil bond is calculated on probable liabilities, and the attachment of operating accounts or work tools is fought with specific alternatives such as guarantees or non-essential assets.
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