What a fast-track trial actually is
The fast-track trial (juicio rápido) is the procedure set out in articles 795 to 803 of the Spanish Criminal Procedure Act. It is not an abbreviated trial: it is a full trial with the time taken out of it. Three conditions must coincide: the case must begin with a police report, the offence must carry up to five years' imprisonment, or up to ten years for penalties of a different nature, and the offence must either be caught in the act, be simple to investigate, or appear on the list in article 795.2.
That list is why most people end up here without ever looking for it: assault and domestic abuse under article 153, gender-based and domestic violence, theft, robbery, vehicle taking, criminal damage under article 263, minor drug offences under article 368.2 and every offence against road safety. Drink-driving, refusal to take a breath test and driving without a licence are almost always dealt with this way.
What surprises almost everyonethe summons may be for seventy-two hours' time, and a final judgment can be handed down at that very hearing. There is no second appointment to think it over.
The clock: what happens, and when
These are the five real stages of the procedure. The third one decides the outcome, and it arrives before most people have spoken to a lawyer of their own choosing.
The decision: plead at the duty court or go to trial
Article 801 of the Criminal Procedure Act allows the duty court itself to give judgment on a guilty plea with a one-third reduction of the sentence sought. Three requirements must be met: the offence must carry up to three years' imprisonment, a fine of any amount, or another penalty of up to ten years; the defendant must accept the prosecution's sentence after the reduction; and any civil liability must be assumed or secured.
The reduction is not a favour, it is arithmetic. Which is why the right question is not «should I plead?» but «what sentence is left after the third, and what does that particular sentence mean?». Twenty-three months is not the same as twenty-five: below two years, suspension of the sentence under article 80 of the Criminal Code is available to a first offender; above it, it is not.
And some penalties a plea does not reduce in practice. In road-safety cases the driving ban is imposed in every case and is not suspended along with the prison term. Pleading quickly to «get it over with today» can mean walking out with a suspended prison sentence and no licence for three years.
When a plea is usually sensible
- The evidence is overwhelming and the facts are not in dispute.
- After the one-third reduction the sentence falls below two years and can be suspended.
- Making good the damage or paying civil liability opens a mitigating factor.
- The personal cost of waiting months for a hearing outweighs what can be won at it.
When it is worth not pleading
- There is a flaw in the evidence: a search without a reasoned order, defective caution, broken chain of custody.
- The charge is arguable and a lesser offence or a summary offence may apply.
- The defendant already has a record and suspension is not on the table anyway.
- The ancillary penalty (driving, firearms, a restraining order) matters more than the main one.
What we do, and when
This is the actual work, not a statement of intent:
Before the duty hearing. We obtain and read the police report. In a fast-track case it is practically the whole file, and it contains what can be challenged: how the evidence was taken, what each officer says, what the suspect signed and when they were cautioned.
Attendance at the police station. If the person is still in custody, we attend immediately. What is said, or not said, there shapes everything after it.
Negotiation with the prosecutor. The sentence in the indictment is the figure the third is taken from. Arguing the charge before the hearing is worth more than arguing it inside.
The calculation, in writing. We tell you what sentence is left after the reduction, whether suspension is available, how long the loss of rights lasts and when the record can be expunged. You decide on that basis, not us.
If there is no plea. We prepare the defence case for the hearing at the Criminal Court: witnesses, expert and documentary evidence, and challenges to whatever does not hold up.
On outcomesno lawyer can tell you in advance what a court will decide, and anyone who does is selling you something. What we can give you before you walk in is the full map of scenarios and what depends on you in each one.
Fees and how to start
A first criminal-law consultation costs €150, VAT included, and covers a review of the documents and an explanation of where the case stands. There is no file-opening charge and no fee for calling to ask the price. The detail is on our consultations and fees page.
If the hearing is tomorrow or someone is in custody, call the urgent line: +34 638 88 64 33, with telephone assistance 24 hours a day for criminal emergencies. Any intervention is subject to availability, conflict-of-interest checks and acceptance of the instruction.
Where we see youRambla Just Oliveras, 64, mezzanine 1, 08901 L'Hospitalet de Llobregat. 32 metres from the L1 metro and 117 from the Renfe station. In person Monday to Thursday 9 am to 6 pm and Friday 9 am to 2 pm.
Frequently asked questions
How long does a fast-track trial take?
From the police report to the duty court hearing usually takes between a few hours and a few days. If there is a guilty plea, judgment is given that same day. If not, the hearing at the Criminal Court is listed later and can take months.
Can I attend a fast-track trial without a lawyer?
No. Legal representation is mandatory. If you do not appoint a lawyer of your choosing, a duty solicitor is assigned who will see the file on the day.
What is the article 801 guilty plea?
It is the judgment given by the duty court itself when the defendant accepts the sentence sought by the prosecution, reduced by one third. It is only available if the resulting prison term does not exceed three years.
Does a fast-track conviction create a criminal record?
Yes. A conviction creates a record regardless of the procedure that produced it. It can be expunged once the periods in article 136 of the Criminal Code have run from completion of the sentence.
Read on
Have you been summoned to the duty court?
The sooner we see the police report, the more options are still on the table. The fee is published on our fees page.