Juicio Rápido in Spain: The Fast-Track Trial, Explained (2026)

The juicio rápido is Spain's fast-track criminal procedure: an offence can go from arrest to sentence in days rather than years, provided it fits a narrow statutory gate. That speed is a genuine benefit for a justice system, and it comes with a genuine cost for the accused, most visibly in the one-third sentence discount offered for pleading guilty on the spot. This page covers who qualifies, how the police prepare the case, and what conformidad actually trades away.

Information last verified on 23 July 2026. This page provides general legal information about Spanish law and does not constitute legal advice in an individual case.

Who gets a juicio rápido

Art. 795.1 LECrim sets the scope: offences punished with imprisonment of up to five years, or with any other single, joint or alternative penalty, regardless of amount, not exceeding ten years, qualify only if the criminal process began from a police atestado, and either the Policía Judicial detained the person and put them before the Juzgado de Guardia, or cited them to appear there as denunciado in the atestado. On top of that structural requirement, one of three gateways must also apply.

The three gateways

The first gateway is flagrancia, and the statute gives it three separate faces rather than one. It covers an offender surprised in the act of committing the crime; an offender pursued immediately afterward, without interruption, from the moment the crime was committed; and, more broadly, an offender surprised shortly after the fact carrying the effects, instruments, vestiges or evidence that point to their participation in it. Any one of the three satisfies flagrancia under art. 795.1.1ª.

The second is a list of specific offences at art. 795.1.2ª: lesiones, coacciones, amenazas and habitual violence against the art. 173.2 CP victims; hurto; robo; the unauthorized use of a vehicle; offences against traffic safety; daños under art. 263 CP; the flagrant intellectual and industrial property offences of CP arts. 270, 273, 274 and 275; salud pública under the second clause of art. 368 CP; allanamiento de morada under art. 202 CP; and usurpación under art. 245 CP. The last two, allanamiento de morada and usurpación, were added to this list only recently, with effect from 3 April 2025 under LO 1/2025, the same reform that reshaped how Spain handles okupa offences.

The third gateway is simpler to state and harder to predict: cases where the instrucción is presumably going to be sencilla, a judgment call left to the police and the judge at the outset.

Two exclusions apply regardless of gateway: cases requiring conexidad with other proceedings outside this track, and cases where secreto de las actuaciones is warranted.

What the police have to do first

Art. 796 LECrim puts the Policía Judicial on the clock. During the time of detention, and in the time available, it must gather a defined set of urgent diligencias: a medical or forense report where relevant, informing the accused of the right to appear before the Juzgado de Guardia assisted by a lawyer, requesting a court-appointed abogado from the Colegio de Abogados if none is chosen, and citing the denunciado to appear, among other required steps.

At the Juzgado de Guardia itself, art. 800 LECrim has the judge hear the Ministerio Fiscal and any parties on whether to open oral trial or dismiss the case. If trial opens, the accused can, in that same act, offer conformidad under the next article. Otherwise the Secretario sets the hearing date for the soonest possible day, in any case within fifteen days.

Conformidad: the one-third reduction, and what it costs

Art. 801 LECrim is the reason the juicio rápido moves as fast as it does. An accused can plead conformidad before the Juzgado de Guardia itself, and the judge can hand down a sentencia de conformidad on the spot, when three conditions line up: no acusación particular has been constituted and the Fiscal requested opening trial; the facts charged carry a penalty of up to three years' prison, a fine of any amount, or another penalty of up to ten years; and, where prison is involved, the requested sentence, once reduced by a third, does not exceed two years.

Meet those conditions and the judge imposes the requested penalty reduced by one third on the spot, orally, even where that goes below the Código Penal's normal statutory minimum for the offence. The two-year post-reduction ceiling matters beyond the discount itself: it is generally what unlocks automatic suspension of a prison sentence for a first-time offender, since art. 801.3 lets suspension of the custodial pena rest on the accused's commitment to satisfy civil liability.

That speed and discount is real, but it is also the whole trade. Conformidad means accepting the accusation as charged in exchange for the reduction; it forecloses a trial on the merits, cross-examination, and any argument that the facts happened differently than the atestado describes. A fast, lighter sentence and a full defense are not both on the table at the same moment; the accused, ideally with the lawyer art. 796 makes available, has to choose between them at the Juzgado de Guardia, often within hours of arrest.

One consequence follows a sentencia de conformidad the same way it follows any other conviction: it still creates antecedentes penales. The reduced, and often suspended, sentence a juicio rápido produces is genuinely lighter than an unreduced one would have been, but it is not a way of avoiding a criminal record. What it does affect is how fast that record clears: because the cancellation clock under art. 136 CP is set by the pena actually imposed, a sentence cut by a third and kept under the tier thresholds can land in a shorter cancellation period than the original, unreduced charge would have carried.

The criminal-law section covers the slower procedures a case takes when it does not qualify for this track, and the delito leve page covers the smaller offences that go through a separate, simpler process entirely, without the arrest-driven timeline the juicio rápido depends on.

This page is general legal information about Spanish law and does not constitute legal advice in an individual case. The controlling texts are the current versions in the BOE.

Frequently Asked Questions

What crimes qualify for a juicio rápido in Spain?

Offences punished with up to five years' imprisonment, or up to ten years for other penalties, that started from a police atestado with an arrest or citation, plus one of three conditions: flagrancia, a listed offence such as hurto, robo, lesiones or allanamiento de morada, or a case simple enough to resolve quickly (art. 795 LECrim).

What is conformidad in a juicio rápido, and what discount does it carry?

Conformidad is an accused's acceptance of the charged facts and requested penalty before the Juzgado de Guardia. When the statutory conditions of art. 801 LECrim are met, the judge reduces the requested penalty by one third and imposes it immediately, even below the Código Penal's normal minimum for the offence.

Do I have to accept conformidad in a juicio rápido?

No. Conformidad is offered, not mandatory, and accepting it means giving up a trial on the merits in exchange for the one-third reduction and the speed of an immediate sentence. Declining it sends the case toward an ordinary hearing instead.

Were squatting offences added to the juicio rápido track?

Yes. Allanamiento de morada (art. 202 CP) and usurpación (art. 245 CP), the two offences behind most okupa cases, were added to the list of qualifying offences in art. 795.1.2ª by LO 1/2025, effective 3 April 2025.

How quickly does a juicio rápido reach trial?

If the Juzgado de Guardia opens oral trial rather than dismissing the case or accepting a conformidad, art. 800 LECrim requires the hearing to be set for the soonest possible date, and in any case within fifteen days.