How Criminal Proceedings Work in Spain: A Guide for Companies and Executives

Spanish criminal procedure vs common law systems: key differences

1. How a criminal case begins: report, complaint and preliminary proceedings

A criminal case can begin with a report to the authorities (denuncia), a police report (atestado) or a formal criminal complaint (querella). A denuncia simply brings facts to the authorities’ attention. A querella makes the complainant a prosecuting party from day one. It must always be filed through a court representative (procurador) and signed by a lawyer (article 277 of the Criminal Procedure Act), and it can ask from the outset for investigative measures, bail and the freezing of the defendant’s assets. For a company that has been the victim of a crime, the querella is usually the better route.

Economic and corporate crimes are almost always investigated as preliminary proceedings under the abbreviated procedure (diligencias previas del procedimiento abreviado). This is the most common track, and the one this guide describes. Preliminary proceedings are not yet the trial: documents are gathered, statements are taken, forensic accounting or IT reports are commissioned, and the judge decides whether there is enough evidence to proceed.

The investigation is handled by the Investigating Section of the Court of First Instance of the district where the offence was committed (formerly the Juzgado de Instrucción). The trial takes place before the Criminal Section (Sección de lo Penal) where the maximum prison sentence does not exceed five years, and before the Provincial Court (Audiencia Provincial) in all other cases. The National High Court (Audiencia Nacional) tries the offences assigned to it by law (article 14 of the Criminal Procedure Act).

2. The investigation phase: what is investigated and how long it lasts

The investigation phase establishes what happened, who may have been involved and what evidence should go to trial. The investigating judge does not find anyone guilty: that decision belongs to the court that hears the trial.

Time limit. The investigation may last a maximum of twelve months from its opening. If it cannot be completed in time, the judge may, on their own initiative or at a party’s request and after hearing the parties, grant successive extensions of up to six months each. Extensions must be granted before the deadline expires, by a reasoned decision specifying the outstanding steps and why they matter (article 324 of the Criminal Procedure Act). Keeping track of this calendar, and of which investigative steps are requested within it, is critical to both defence and prosecution strategy.

Interim measures. During the investigation the judge may order personal measures, such as pre-trial detention or release on conditions, and measures over assets, such as bail or asset freezes, to secure future compensation.

When the company is under investigation. A company can be investigated and prosecuted as a legal person. It is summoned at its registered office and required to appoint a specially designated representative, together with a lawyer and a procurador. If it does not, they are appointed by the court (article 119 of the Criminal Procedure Act). If this is your situation, see My company is facing a criminal complaint.

Foreign executives. A suspect who does not speak Spanish is entitled to an interpreter during their statements, at trial and in related conversations with their lawyer. They are also entitled to written translations of essential documents, including the indictment and the judgment. The State bears the cost, whatever the outcome (article 123 of the Criminal Procedure Act).

3. Who’s who in Spanish criminal proceedings

The investigating judge directs the investigation and authorises measures affecting fundamental rights, such as searches, interceptions and asset freezes. The judge represents neither the victim nor the prosecution.

The Public Prosecutor (Ministerio Fiscal) brings criminal proceedings: requests investigative steps, prosecutes or asks for the case to be dismissed. The prosecutor must also safeguard procedural guarantees and victims’ rights.

The private prosecutor (acusación particular) is the victim or injured party who joins the proceedings as a party. It can request investigative steps, prosecute, seek interim measures and appeal. It must join before the stage at which the charges are formulated. If it joins later, it can still adhere to another party’s indictment until the trial begins, but the proceedings will not go back (article 110 of the Criminal Procedure Act). In addition, bringing the criminal action automatically includes the civil claim, unless it is expressly waived or reserved (article 112). The injured company therefore recovers its money within the same proceedings, with no separate lawsuit needed.

Note for foreign companies: the law exempts the injured party from posting security (fianza) when filing a querella, but that exemption does not apply to foreign nationals unless a treaty or reciprocity grants it (articles 280 and 281 of the Criminal Procedure Act). Courts do not apply this uniformly, and some Provincial Courts require security even from nationals of other EU Member States unless the complainant proves the treaty or reciprocity (Order of the Provincial Court of Valencia, Section 5, 734/2019, of 8 July). That proof should be prepared before filing.

The popular prosecutor (acusación popular) allows citizens or organisations that are not directly harmed to prosecute. It must file a querella and post security. A company that has suffered the crime does not need this route: its place is as private prosecutor.

The defence assists the suspect from the very first moment and through every stage.

4. From the end of the investigation to trial

When the investigation closes, the judge has two options. If the evidence is insufficient, the judge dismisses the case (sobreseimiento). The victim can appeal the dismissal within twenty days even if it has not joined the proceedings (article 779.1.1ª of the Criminal Procedure Act). If the evidence is sufficient, the judge issues an order to proceed under the abbreviated procedure (auto de procedimiento abreviado), setting out the facts and the person to whom they are attributed. That order cannot be issued unless the suspect has first given a statement (article 779.1.4ª).

The prosecution and private prosecutors then have ten days to file an indictment and request a trial, ask for dismissal or, exceptionally, request further investigative steps (article 780). Once the trial is opened, the defence has ten days to file its defence brief and propose evidence (article 784).

Since 3 April 2025, the trial court holds a preliminary hearing before trial. It deals with jurisdiction, procedural nullities and breaches of fundamental rights, the admissibility of evidence and any plea agreement (article 785, as amended by Organic Law 1/2025). The trial follows: the accused, witnesses and experts give evidence, and the parties present their closing arguments.

Economic crimes are not, as a rule, tried by jury. There are exceptions relevant to companies dealing with the public sector, such as bribery, influence peddling and embezzlement of public funds. Even then, jury trial is excluded in National High Court cases and in cases taken on by the European Public Prosecutor’s Office (article 1 of the Jury Act).

5. Plea agreements (conformidad): Spain’s closest equivalent to plea bargaining

Spain allows conformidad: the accused, assisted by their lawyer, accepts the facts and the sentence sought by the prosecution. It is not a free negotiation that closes the case without scrutiny. The judge checks that the legal classification is correct, that the sentence is lawful, and that the accused has agreed freely and understanding the consequences. If those conditions are not met, the judge orders the trial to go ahead. Before agreeing, the prosecutor hears the victim in the cases provided by law. Where the accused is a company, the agreement is given by its specially designated representative holding a special power of attorney, regardless of what the other defendants do. A judgment by agreement can only be appealed if it failed to respect the requirements or terms of the agreement (article 785 of the Criminal Procedure Act).

6. Judgment and appeals

The judgment may convict or acquit. A company’s losses, or mere suspicion, are not enough: the prosecution must prove the facts and criminal liability with full procedural guarantees.

• Decisions of the investigating judge: application for reconsideration (recurso de reforma) within three days (article 211) and appeal (apelación) within five days. The appeal can be lodged without first seeking reconsideration (article 766).
• Judgments of the Criminal Section: appeal to the Provincial Court within ten days (article 790). Fast-track trials (juicios rápidos) have their own rules.
• Judgments of the Provincial Court: appeal to the Civil and Criminal Chamber of the regional High Court of Justice (Tribunal Superior de Justicia) (article 846 ter).
• Cassation before the Supreme Court: an extraordinary remedy, limited to the decisions and grounds set by law (article 847).

A criminal appeal in Spain is not a full retrial: it reviews the judgment on the grounds raised.

7. What to do from day one

• Preserve and organise documents (accounts, emails, contracts) before they are lost or their reliability is questioned.
• Correctly identify the company, its directors and who can represent it in the proceedings.
• Track notifications and deadlines: many are three, five or ten days.
• If the company is the victim, consider a querella and request measures to secure the money from the outset.
• Instruct a Spanish criminal lawyer from the first contact with the police, the prosecutor or the court, and do not assume the rules of another legal system apply in Spain.

For guidance on specific situations, see I have been summoned as a suspect, My company is facing a criminal complaint or A partner or director has diverted funds.

Reform in progress. In October 2025 the Government approved a bill for a new Criminal Procedure Act that would hand investigations to prosecutors. As of this review, it has not been published in the Official State Gazette (BOE). Until then, the system described in this guide applies.

Spanish legal terms you will come across

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