Article 962 Spanish Criminal Procedure Act: Immediate Trial of Minor Offences before the Duty Court

Article 962 of the Criminal Procedure Act obliges the judicial police, on learning of a minor offence of bodily harm or physical mistreatment, flagrant theft, threats, coercion or insults, to summon the parties and witnesses immediately before the duty court, warning them that the trial may be held at once even if they do not attend and that they must bring their evidence with them. This is how the great majority of minor incidents involving visitors are resolved in Spain: on the same day or within days, before a court sitting on duty, with no investigation phase.

Wording of Article 962 of the Spanish Criminal Procedure Act

Requirements and procedure

1. A minor offence among those listed: bodily harm or physical mistreatment, flagrant theft, threats, coercion or insults.
2. Jurisdiction of the investigating court to which the police report is delivered, or of another court in the same judicial district.
3. An immediate summons of the injured parties, the complainant, the person reported and the witnesses, with the express warnings as to the consequences of non-attendance and as to bringing evidence.
4. Information to the complainant and injured party as to their rights under articles 109, 110 and 967.

Defence strategy

Defects in the summons and its warnings. The trial may proceed in the absence of the person reported only where the summons was valid and carried the warnings the article requires. A summons handed over without translation to a person who does not speak Spanish, one that omits the warning that the trial may be held at once, or one that fails to state the need to bring evidence, deprives the absent defendant of a fair hearing and founds an appeal against the resulting judgment. The defence obtains the signed summons form and compares it against the article.

The immediacy problem for the defence. The procedure is designed for speed, and its cost falls on the defence: there is no investigation phase in which to obtain recordings, medical reports or witnesses. Where the evidence needed cannot be obtained by the date fixed, the correct step is an application to adjourn made in writing and reasoned by reference to the specific evidence sought, since an adjournment refused without reasons is itself a ground of appeal.

Bringing the evidence to the hearing. Because the parties must attend with their evidence, the preparation is entirely front-loaded: the recordings from the premises, the photographs, the medical report and the witnesses must be at court on the day. For a visitor who is about to leave Spain, the practical question is whether to attend in person or to be represented, and that decision depends on whether the case can be resolved by agreement on the day.

Resolution on the day. The great majority of these cases are resolved at the hearing, either by agreement with the complainant, by payment of the damage, or by a plea attracting the minimum penalty. For a foreign national this is ordinarily the preferable outcome, because it closes the matter without a further journey to Spain and because the penalties available are fines and non-custodial measures.

• Article 801: guilty plea at the duty court
• Minor offences: defence service
• Spanish Criminal Procedure Act by article
• Spanish-language entry

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.