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Minor Offences

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If you have received a summons for a minor offence trial in Madrid, it is important to prepare your defence before going to court. At FH Jurídicos we review your summons, formally enter the proceedings to access the court file, and prepare the defence strategy together with you.

Fees
€350 + VAT
Court appearance, case file and trial attendance
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What is a minor offence

The Spanish Criminal Code defines a minor offence (delito leve) as one carrying a minor penalty. Article 33.4 of the Criminal Code sets out which penalties are minor: chiefly a fine of up to three months, permanent location (localización permanente) of one day to three months, or community service of one to thirty days.

Which conduct constitutes a minor offence?

Theft
Art. 234.2 CC. A fine of 1 to 3 months where the amount taken is under €400.
Bodily injury
Art. 147.2 CC. A fine of 1 to 3 months.
Threats
Art. 171.7 CC. Permanent location of 5 to 30 days, community service, or a fine of 1 to 4 months.
Coercion
Art. 172.3 CC. A fine of 1 to 3 months.
Damage to property
Art. 263.1 CC. A fine of 1 to 3 months where the damage does not exceed €400.
Insults or degrading treatment
Art. 173.4 CC. Permanent location, community service, or a fine of 1 to 4 months when directed at family members.
Physical mistreatment
Art. 147.3 CC. A fine of 1 to 2 months. Without objective injury.

How we help you

01
Review of the summons or complaint
We analyse the court involved, the facts on which the complaint is based, and the specific penalty the client faces.
02
Formal entry into the proceedings
The aim is never to go to court without knowing the complaint or the full court file. Information is power.
03
Preparing the strategy
A personal interview with the client and a review of exculpatory evidence: documents, witnesses, video recordings, expert reports.
04
Attendance at the trial
On the day of the trial I will accompany and represent you before the competent court.
05
Notification of the outcome
The judgment will be explained and we will advise on the next steps depending on the result.

Why choose us

⚡
Same day
Your summons is reviewed by a lawyer the same day you receive it.
🤝
Direct contact
From the very first contact you deal directly with a lawyer, with no intermediaries.
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Plain language
We explain the matter, its consequences and your options without unnecessary jargon.

Frequently asked questions

Can I attend a minor offence trial without a lawyer?

A lawyer is not required for minor offences, but it is highly advisable. A conviction carries consequences such as a fine, compensation and a criminal record, so it is wise to be advised and represented by a professional.

What should I do if I have received a summons for a minor offence?

Not attending does not mean the trial will not go ahead. The best course is always to attend, present evidence and defend your innocence. We reiterate that it is advisable to attend with a lawyer.

What evidence can I bring to the trial?

You can bring any type of evidence: WhatsApp messages, emails, photographs, videos, medical reports, invoices. Evidence must be presented in a playable format on the day of the trial.

Can I bring witnesses?

Yes. Witnesses must be brought by the parties, as the court rarely arranges their summons in minor offence cases.

Does a minor offence create a criminal record?

Yes. It can be expunged 6 months after the penalty has been served.

Can I be given a fine or ordered to pay compensation?

Yes. You can be fined and, if the court finds that damage or loss has been caused, compensation will also be ordered as civil liability.

What happens on the day of the trial?

Usually the person who reported you will testify first, then you, and, if necessary, the witnesses. After the evidence, closing submissions are made and the court delivers its judgment, either at the hearing itself or in writing in the following days.

Can the judgment be appealed?

It can be appealed within 5 days of notification. The Provincial Court (Audiencia Provincial) will rule on the appeal. A lawyer and court representative (procurador) are required for the appeal.

Can I file a complaint if I have also been a victim?

Yes. In some proceedings there are cross-complaints. In that case both complaints are dealt with together.

What should I send for you to assess my case?

It is helpful to send the court summons, the complaint if you have it, and any evidence relating to the facts.

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