In Spanish criminal procedure, the abbreviated procedure (procedimiento abreviado) applies to offences punishable by up to nine years in prison, while the ordinary procedure by sumario (procedimiento ordinario por sumario) is reserved for the most serious offences, above that line. Both are governed by the Spanish Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim): the abbreviated one in articles 757 and following; the ordinary one in Books II and III. The real difference is not in the safeguards, which exist in both, but in how the case is investigated and which court tries it. And one widespread confusion is worth clearing up at the outset: the sumario is not a procedure, it is a phase.

This article explains the Spanish procedure for an international reader. It is not about US, UK or any other criminal procedure. If you are a foreigner facing an investigation or a trial in Spain, the rules below are the ones that apply to your case.

Types of criminal procedure under the LECrim

The LECrim sets out several tracks according to the seriousness of the offence. Knowing which one applies is not a technicality: it changes the trial court, the timetable and the defence strategy.

• Minor-offence trial (juicio por delitos leves, arts. 962 to 977 LECrim): the former misdemeanours, with a very fast trial, often before the duty court (Juzgado de Guardia).
• Fast-track or urgent proceedings (juicio rápido / diligencias urgentes, arts. 795 and following LECrim): for flagrant offences or simple investigations punishable by prison not exceeding five years.
• Abbreviated procedure (procedimiento abreviado, arts. 757 and following LECrim): offences punishable by up to nine years in prison. The most common track.
• Ordinary procedure by sumario (Books II and III LECrim): offences punishable by more than nine years.
• Jury trial (Tribunal del Jurado, Organic Law 5/1995): a separate track for certain offences (homicide, bribery, breaking and entering, among others), explained below.

What the abbreviated procedure is and when it applies

The abbreviated procedure applies to offences punishable by a custodial sentence of up to nine years, or by any other penalties of a different nature, whatever their amount or duration (art. 757 LECrim). In practice it is the track for the great majority of criminal cases.

The phases of the abbreviated procedure

The abbreviated procedure has, in essence, three phases:

1. Preliminary proceedings (diligencias previas). This is the investigation phase of the abbreviated procedure. The investigating judge (Juez de Instrucción) investigates, takes the statement of the person under investigation and carries out the steps needed to decide whether there is an offence, who is responsible and which track the case should follow (art. 779 LECrim).
2. Intermediate phase or preparation of the trial (fase intermedia). Once the investigation closes, the judge gives the case to the prosecution to request the opening of the trial or a dismissal (art. 780 LECrim). If there is an accusation, the judge issues the order opening the oral trial (auto de apertura del juicio oral, art. 783 LECrim).
3. Oral trial (juicio oral). The hearing takes place before the competent court, which takes the evidence and delivers judgment (art. 786 LECrim).

Who tries the case: the five-year line

Within the abbreviated procedure, the trial court depends on the penalty (art. 14 LECrim):

• Up to five years in prison (plus fines of any amount and other penalties of up to ten years), the Criminal Court (Juzgado de lo Penal) tries the case.
• Above five years and up to nine, the Provincial Court (Audiencia Provincial) tries it.

This catches many people out: the nine-year line separates abbreviated from ordinary, but within the abbreviated procedure there is a second line, at five years, that decides whether a Criminal Court or a Provincial Court hears the case.

What the ordinary procedure by sumario is

The ordinary procedure is reserved for the most serious offences, those punishable by more than nine years. Its investigation phase is the sumario, led by the investigating judge (Book II of the LECrim, “On the sumario”, from article 259), and the trial takes place before the Provincial Court. It is the typical track for serious offences: homicide, sexual offences carrying heavy penalties, aggravated drug trafficking or large-scale economic crime.

The committal order: the control that exists only in the sumario

Here is one of the substantive differences most often overlooked. In the sumario, when the investigation produces rational evidence of criminality against a specific person, the judge issues a committal order (auto de procesamiento) declaring that person formally charged (art. 384 LECrim). This order formalises the charge with a reinforced control, fitting for the most serious offences, and it can be appealed. In the abbreviated procedure there is no committal order: the status of person under investigation is acquired in a leaner way. Anyone used to the abbreviated track who hears the word “procesamiento” is almost certainly looking at a sumario.

The investigation in the sumario ends with the order closing the sumario (auto de conclusión del sumario, art. 622 LECrim), after which the case goes up to the trial court for the oral trial, regulated in Book III of the LECrim.

The decisive test: the penalty (the nine-year line)

The line between the two tracks is the penalty for the offence. Up to nine years in prison, abbreviated procedure; above that, ordinary procedure by sumario. This threshold not only sets the track, it drags everything else with it: the form of investigation (preliminary proceedings or sumario), whether or not there is a committal order, and, together with the five-year line, the court that ultimately tries the case.

Key differences between abbreviated and sumario

Feature	Abbreviated procedure	Ordinary (sumario)
Seriousness of penalty	Up to 9 years in prison (art. 757 LECrim)	Over 9 years
Governing rules	Arts. 757 and following LECrim	Books II and III LECrim
Investigation phase	Preliminary proceedings (diligencias previas, art. 779)	Sumario (art. 259 onwards)
Committal order	None	Yes (auto de procesamiento, art. 384 LECrim)
Trial court	Criminal Court (up to 5 years) or Provincial Court (5 to 9 years)	Provincial Court
Guilty plea	Yes (art. 787 LECrim)	Very limited in practice
Character	Faster, the most common track	More formal, safeguard-heavy

The differences are concentrated in four points: the investigation, the committal order, the trial court and the degree of formality.

What “sumario” really means (the most common mistake)

A widespread confusion is worth undoing: the sumario is not a fast-track trial, nor a stand-alone procedure. It is the investigation phase of the ordinary procedure, in which the judge investigates and takes evidence before the oral trial. Anyone who hears “sumario” and thinks of speed has it exactly backwards: it is precisely the track for the most serious offences, the slowest and most formal of all.

The mistake is easier to avoid if three similar-sounding things are kept apart:

• The sumario is the investigation of the ordinary procedure, reserved for offences over nine years.
• The fast-track trial (juicio rápido / diligencias urgentes, arts. 795 and following LECrim) does aim at speed, but it is a different track, for flagrant or simple offences up to five years.
• The preliminary proceedings (diligencias previas) are the investigation of the abbreviated procedure.

In everyday language “summary” suggests something brief; the criminal sumario is almost the opposite. Keeping this clear avoids serious misunderstandings about how grave a case really is.

The guilty plea (conformidad): admitting facts for a reduction

In the abbreviated procedure a guilty plea (conformidad) is common: the accused admits the facts in exchange for a reduced sentence and avoids the oral trial. The law allows the conformidad where the sentence requested does not exceed six years in prison (art. 787 LECrim), so in the most serious sumario offences it has very little room.

A special case is the fast-track trial: where there is a guilty plea before the duty court in the urgent proceedings, the requested sentence is imposed reduced by one third (art. 801 LECrim). That is the clearest reduction the law recognises, which is why an early conformidad can be highly advantageous. That said, pleading guilty means giving up any challenge to the evidence: it is a strategic decision to be weighed with the defence, never made under the pressure of the moment.

The Tribunal del Jurado: when the case goes to neither track

There is a third scenario worth knowing. Certain offences are tried neither under the abbreviated nor under the ordinary procedure, but before a jury (Tribunal del Jurado), governed by Organic Law 5/1995. Its article 1 assigns to the jury, among others, homicide (arts. 138 to 140 of the Criminal Code), threats (art. 169.1), failure to assist (arts. 195 and 196), breaking and entering (allanamiento de morada, arts. 202 to 204) and a group of offences by public officials: bribery (arts. 419 to 426), influence peddling (arts. 428 to 430) and embezzlement of public funds (arts. 432 to 434), among others.

What this means for the defence: if someone is charged with homicide, the case will not simply follow the ordinary sumario; it may end up before a lay jury, with its own rules on selection, the questions put to the jury and the reasoning of the verdict. It is a different track that changes the strategy entirely.

Appeals and time limits in each procedure

The appeal system also differs depending on which court delivered the judgment:

• Against a judgment of the Criminal Court (Juzgado de lo Penal) there is an appeal to the Provincial Court (Audiencia Provincial).
• Against a judgment of the Provincial Court there is an appeal to the Civil and Criminal Chamber of the High Court of Justice (Tribunal Superior de Justicia) and, where appropriate, a cassation appeal (pre-trial detention in Spain) before the Supreme Court (Tribunal Supremo).

In serious sumario offences, which are tried by the Provincial Court, the cassation appeal before the Supreme Court carries special weight: it is often the last chance to review a heavy conviction, and it demands very precise technical work on the judgment. That is why the appeal strategy is not improvised at the end; it is planned from the investigation.

Practical examples

A few hypothetical journeys help show how it all fits together (illustrative examples, not real cases):

• A theft or a mid-value fraud. Estimated penalty below five years: tried under the abbreviated procedure by the Criminal Court; against the judgment, appeal to the Provincial Court.
• Serious bodily harm or a sizeable economic offence. Estimated penalty between five and nine years: still abbreviated, but tried by the Provincial Court; afterwards an appeal to the High Court of Justice and, where appropriate, cassation.
• A homicide or aggravated drug trafficking. Estimated penalty above nine years: investigated as a sumario, with a committal order, tried by the Provincial Court (or, if it is homicide, possibly before the jury), with cassation before the Supreme Court coming to the fore.

Mapping out offence, estimated penalty, track, court and appeal is exactly what a criminal lawyer anticipates from day one.

Which procedure offers more safeguards

More than a matter of safeguards, the difference is one of seriousness and court. The abbreviated procedure fully guarantees the right of defence; the ordinary procedure by sumario adds controls fitting for the most serious offences, such as the committal order. Neither cuts the rights of the accused: what changes is the form of investigation and the court. What matters for the defence is not “which track is better” but understanding which one applies, so as to anticipate each step. If you need a firm to take on your criminal defence in Spain, that reading of the procedure is the first piece of work.

Frequently asked questions

Is the sumario a fast-track trial?

No, it is the opposite. The sumario is the investigation phase of the ordinary procedure, reserved for the most serious offences (penalties over nine years). The fast-track trial is a different track (juicio rápido, arts. 795 and following LECrim), designed for flagrant or simple offences up to five years.

Which procedure will apply to my case?

It depends on the penalty for the offence. Up to nine years in prison, the abbreviated procedure (art. 757 LECrim); above that, the ordinary one by sumario. Within the abbreviated procedure, up to five years the Criminal Court tries the case and between five and nine the Provincial Court (art. 14 LECrim).

What is the committal order (auto de procesamiento)?

It is the decision by which, in the sumario, the judge declares a person formally charged when there is rational evidence of criminality against them (art. 384 LECrim). It is a control specific to the ordinary procedure and does not exist in the abbreviated one.

When does my case go to the Tribunal del Jurado?

When the charge is one of the offences that Organic Law 5/1995 assigns to the jury, such as homicide (arts. 138 to 140 of the Criminal Code), threats, breaking and entering or certain offences by public officials (bribery, embezzlement, influence peddling). In those cases the common ordinary track does not apply; the jury procedure does.

What is the guilty plea and how much does it reduce the sentence?

It means admitting the facts for a reduced sentence, avoiding trial. In the abbreviated procedure it is allowed where the sentence requested does not exceed six years (art. 787 LECrim). In the fast-track trial, a guilty plea before the duty court carries a reduction of one third of the sentence (art. 801 LECrim). It should always be weighed with the defence.

Who judges in each procedure?

In the abbreviated one, the Criminal Court up to five years in prison or the Provincial Court between five and nine. In the ordinary one by sumario, the Provincial Court. Certain offences go instead to the Tribunal del Jurado.

Does the abbreviated procedure offer fewer safeguards?

No. It fully guarantees the right of defence. The difference with the ordinary one lies in the seriousness of the offence, the form of investigation (preliminary proceedings versus sumario) and the trial court, not in any reduction of rights.

If you have an open criminal case in Spain, knowing which procedure applies changes your defence from day one. Speak to a criminal defence lawyer in Spain and set the strategy and the appeals as early as possible.

Official source: Spanish Criminal Procedure Act (Ley de Enjuiciamiento Criminal, consolidated text, BOE).