Delito Leve in Spain: Definition, Penalties, and the Trial Procedure (2026)

Spain abolished the old faltas in 2015 and replaced the lightest end of criminal law with delitos leves: offences too minor for prison but still criminal, still prosecuted, and still capable of creating a record. This page covers what makes an offence leve, the penalties it carries, how the trial works, and the one-year clock that limits how long the state has to bring it.

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.

What makes an offence a delito leve

Art. 13.3 CP defines a delito leve simply: an infraction punished with a pena leve. Art. 13.4 CP resolves the harder case, an offence whose penalty range straddles two tiers. When a penalty could fall into either of the first two categories, grave or menos grave, the law always classifies the offence as grave.

But when a penalty could fall into either menos grave or leve, the law always classifies it as leve. The rule favors the accused only in that second scenario, and it is worth knowing which way a borderline offence's classification runs before assuming the lighter tier applies.

The penas leves: what a delito leve can actually carry

Art. 33.4 CP lists the penas leves exhaustively, and the list is notable mostly for what it excludes: no prison sentence, of any length, is ever a pena leve. The tier is built from a ban on driving vehicles and ciclomotores of three months to a year; a ban on holding or carrying weapons of three months to a year; disqualification from a profession or trade connected to animals; a residence restriction of under six months; a restraining or no-contact order of one month to under six months; a fine of up to three months; localización permanente of one day to three months; and community work of one to thirty days.

That is the entire menu. Anyone facing a delito leve charge is not facing prison for that charge, whatever the underlying facts felt like to live through.

The classification also explains a rule that surprises people coming from the domestic-violence context. As the injurias y calumnias page covers, an ordinary injuria against a stranger is only a crime when the public would regard it as grave, but a light injuria or unjust vexation against a partner, ex-partner or a family member listed in art. 173.2 CP is a delito leve in its own right under art. 173.4 CP, prosecuted by a simple denuncia rather than the querella an ordinary injuria requires. It sits in the leve tier for the same structural reason every other delito leve does: the penalty attached to it is a pena leve.

The trial: two routes, one destination

The Ley de Enjuiciamiento Criminal sends most delitos leves toward the Juzgado de Guardia, but by two different doors. Art. 962 LECrim covers a defined set: delitos leves of lesiones or maltrato de obra, hurto flagrante, amenazas, coacciones or injurias. In practice that list covers the disputes police most often handle directly: a minor physical altercation, a shoplifting attempt caught in the act, a threat made in the heat of an argument, or a light insult or vexation within the art. 173.2 family sphere, which is prosecutable by denuncia. For those cases, the Policía Judicial cites the offended parties, the denunciante, the denunciado and any witnesses directly to appear before the Juzgado de Guardia, and informs the person denounced in writing of the facts and of the right to appear with a lawyer.

Everything not covered by art. 962 goes through art. 964 instead: the Policía Judicial draws up an atestado and sends it to the Juzgado de Guardia without delay, and the citation process runs from there rather than at the scene.

Once the case reaches the juez de guardia, art. 963 LECrim gives two paths. The judge can order sobreseimiento and archive the case, at the Ministerio Fiscal's request, when the offence is of very slight gravity and there is no relevant public interest in pursuing it. Otherwise the case proceeds toward a hearing.

Do you need a lawyer?

Art. 967.1 LECrim sets a two-tier rule. In general, anyone cited to a delito leve trial, whether denunciante, offended party, or investigado, is simply informed they may be assisted by a lawyer if they want one; it is not required. That changes once the offence's maximum statutory fine reaches six months: at that threshold, the article requires the general rules on defensa y representación, meaning legal representation becomes mandatory rather than optional.

Anyone unsure which side of that line their case falls on should check the specific fine range for the offence charged before deciding to go without a lawyer. Going without one is not the same as going unprepared: art. 967.1 also requires that the citation itself tell the denunciante, the offended party and the investigado to come to the hearing with whatever evidence they intend to rely on, so the trial date is not the moment to start gathering it.

The clock, and the record it still creates

Delitos leves prescribe in one year (art. 131.1 CP), among the shortest periods in the Código Penal, running from the day the offence was committed and paused for up to six months once a denuncia or querella is filed with a court (art. 132 CP).

The record consequence is easy to miss because the penalty menu looks so light. A firm conviction for a delito leve still creates antecedentes penales, the same as any other conviction; the old faltas did not do this, which is why the change still catches people off guard. The upside is speed: because the penalties of this tier are penas leves, the cancellation clock for a delito leve conviction runs at the fastest tier the law offers, six months from the day after the pena was extinguished, under art. 136 CP.

Most delito leve cases start with a denuncia or a police citation (private offences still need a querella) rather than a full investigation, and the denuncia page covers how that first step works. The criminal-law section has the wider map of how these procedures fit together.

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 is considered a delito leve in Spain?

An offence punished with a pena leve under art. 33.4 CP: short bans on driving or holding weapons, professional disqualification tied to animals, short residence or contact restrictions, fines of up to three months, localización permanente, or short community work. No delito leve carries a prison sentence.

Do I need a lawyer for a delito leve trial?

Not always. Art. 967.1 LECrim makes legal assistance optional in general delito leve trials, but it becomes mandatory once the offence's maximum statutory fine reaches six months, at which point the general rules on defense and representation apply.

Does a delito leve create a criminal record in Spain?

Yes. A firm conviction for a delito leve creates antecedentes penales just like any other conviction, a change from the old faltas system that did not. It clears on the fastest cancellation tier under art. 136 CP, six months after the pena is extinguished.

How long does the state have to prosecute a delito leve?

One year from when the offence was committed, under art. 131.1 CP, one of the shortest prescription periods in the Código Penal. Filing a denuncia or querella with a court pauses the clock for up to six months (art. 132 CP).

Can a delito leve case be dismissed without a full trial?

Yes. Art. 963 LECrim lets the juez de guardia order sobreseimiento and archive the case, at the Ministerio Fiscal's request, when the offence is of very slight gravity and there is no relevant public interest in pursuing it.