Speedy trial, what it is and how it works

In recent years, the term "speedy trial" has become very popular. So much so that, in some cases, it is not used properly. That is why here we will explain exactly what it is, as well as how it differs from misdemeanour trials.

What is a speedy trial?

Speedy trials are abbreviated criminal proceedings that are carried out in Spain with the purpose of resolving certain crimes more efficiently than through an ordinary trial. Obviously, they were created with the aim of speeding up the judicial response to the saturation of many courts.

In this sense, a speedy trial is characterised by the following elements:

• Types of offences. It can only revolve around minor and less serious offences, such as theft, threats or injuries. It is also used in cases of gender violence and domestic violence.
• Resolution time. Much shorter than an ordinary trial. Hence the name by which it is known.

But how long does a speedy trial take exactly? The law establishes that the appearance of the accused before the judge must take place within a maximum of 72 hours (3 days) from the moment of arrest. Furthermore, the trial must be held within 15 days of the appearance.

It is clear that this type of trial is much quicker and more agile than ordinary trials. However, they also leave less time for the defendant's lawyer to prepare his or her defence. This has often been criticised for allegedly failing to ensure that the rights of the accused are fully protected.

This is the procedure to be followed in a speedy trial

In general terms, we can say that fast-track trials take place in four distinct phases, which are:

• Presentation of the police report. In this case, it is the police themselves who send the document to the duty court, which proceeds to initiate the judicial procedure.
• Summons. The competent court orders the appearance of the accused within 72 hours of receiving the police report.
• Trial. As mentioned above, this takes place within a maximum period of 15 days from the time of the summons. During the course of the trial, both parties must provide the evidence they deem appropriate. The judge will also hear witness statements and the arguments of the accused party and the plaintiff.
• Sentencing. Once the trial has been held, the judge will issue the sentence he or she deems appropriate.

The speedy trial process will end here, unless one of the parties lodges an appeal with the Provincial Court. To do so, he or she will have a maximum of 10 days from the moment the judge notifies the sentence.

Difference between misdemeanour trial and speedy trial

The fundamental difference between a misdemeanour trial and a speedy trial is in the way it starts. In this respect, a fast-track trial always starts with the filing of a police report, whereas ordinary trials for minor or less serious offences can start with the filing of a criminal complaint.

In addition, for a speedy trial to be held for a misdemeanour or less serious offence, the following requirements must also be met:

• The accused must have been arrested by a police force and immediately thereafter brought before a magistrate's court. Failing this, he may also have been summoned to appear as a defendant if he could not be arrested in the course of the police report.
• The custodial sentence may not exceed 5 years. If you are charged with more than one offence, the maximum combined sentence must not exceed 10 years' imprisonment.

In addition, the offence must be considered flagrant and there must be some evidence that the investigation will be simple. Finally, the offence must be reflected in article 795.1.2.2 of the Criminal Procedure Act:

• Robbery.
• Simple, aggravated or improper theft.
• Offences against traffic safety.
• Offences against public health.
• Flagrant offences against intellectual or industrial property.
• Coercion, threats or injury.
• Offences against property.

If all these requirements are met, the judicial procedure to be followed will be the so-called "speedy trial". If this is not the case, an ordinary trial will take place, which can take much longer, sometimes even years.

We hope that we have cleared up any doubts you may have and helped you to differentiate between speedy trials and trials for minor or less serious offences. As you may have noticed, it is subtle, but very important; in any case, having a lawyer specialised in criminal law is essential.