Criminal proceedings
In short
It is the procedure set out in articles 795 et seq. of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) for trying offences quickly where the penalty does not exceed five years’ imprisonment, or ten years for other types of penalty, when the case begins with a police report (atestado) and the investigation is straightforward. The law expressly includes offences of injury, coercion, threats, or habitual physical or psychological violence committed against a partner, former partner or the other relatives listed in article 173.2 of the Criminal Code (Código Penal).
If the accused accepts the sentence requested by the prosecution at the duty court, article 801 of the Criminal Procedure Act allows it to be reduced by one third, provided the offence is punishable by up to three years’ imprisonment, a fine or another penalty of up to ten years. But a plea agreement (conformidad) means a conviction and a criminal record and, in gender violence cases, a mandatory restraining order. It is not a decision to be taken in a hurry or without knowing the evidence.
You can join the proceedings as a private prosecutor to seek the appropriate sentence and compensation, rather than relying solely on the public prosecutor’s view. We stand by you when you give your statement, request the protection measures you need and make sure that the speed of the procedure does not leave important evidence out.
The urgent inquiries are carried out while the duty court is on call. If there is no plea agreement, the law provides for the trial to be held within fifteen days before the Criminal Court.
A conviction is handed down with the sentence reduced by one third. It is final and results in a criminal record. We explain the consequences to you before you decide.
Gender violence offences are public offences: withdrawing the complaint does not stop the proceedings. In some cases the victim can exercise the exemption from testifying against her partner, subject to the exceptions introduced by Organic Law 8/2021.
Legal basis
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