CRIMINAL LAW
The Organic Law 1/2025 on measures regarding the efficiency of the Public Justice Service, published on January 3, 2025, and which came into effect on April 3, introduces what are considered to be some of the most significant reforms to Spain’s judicial system in recent decades. Its main goal, as stated in the preamble, is to modernize and streamline judicial procedures, making the system more accessible, efficient, and closer to citizens. Among its key measures—already widely known—are the creation of the Courts of Instance, the digitalization of judicial processes, and the implementation of Alternative Dispute Resolution Methods (ADR).
Less known is the impact of this Law in the criminal jurisdiction, beyond the change in the naming of judicial bodies. From now on, we will speak of the Court of Instance, a collegiate body defined by the boundaries of the judicial district and organized into sections by subject matter. That is, we will no longer refer to Investigative Court No. 41 of Madrid or No. 9 of Valencia, but rather to the Investigative Sections of the Courts of Instance of Madrid or Valencia… or to the Criminal Sections of the Criminal Courts of Instance instead of the Criminal Courts.
The changes in the criminal sphere go beyond modifications to the Criminal Procedure Law. The Organic Law of the Judiciary also contains procedural elements related to criminal jurisdiction, as does Law 50/1981 of December 30, which regulates the Organic Statute of the Public Prosecutor’s Office, with procedural changes affecting the Prosecutor’s Office. Additionally, the Organic Law 5/2000 of January 12, regulating the criminal responsibility of minors, has been modified. A series of provisions in Law 23/2014 of November 20, on mutual recognition of criminal judgments in the European Union, have also been amended.
Organic Law 1/2025 is part of a legislative trend toward specialization and improved criminal response to gender-based and sexual violence crimes. This law also responds, in part, to the mandate in the twentieth final provision of Organic Law 10/2022, on the comprehensive guarantee of sexual freedom, which required greater specialization in the prosecution of sexual violence.
Another reform in the criminal jurisdiction introduced by Organic Law 1/2025 lies in the modification of Article 89 of Organic Law 6/1985 of the Judiciary. This change grants the sections on violence against women the competence to handle criminal proceedings for offenses against sexual freedom (Title VIII of Book II of the Criminal Code), as well as for crimes such as female genital mutilation, forced marriage, and sexually motivated harassment, provided that the victim is a woman. This jurisdictional assignment means these crimes, when the offended person is a woman, will be handled by judicial bodies specialized in violence against women, thereby reinforcing specialization and victim protection.
Furthermore, Organic Law 1/2025 introduces changes in other relevant criminal and procedural laws:
- It modifies the Criminal Procedure Law by introducing procedural adjustments to adapt the investigation and prosecution of the aforementioned crimes to the new distribution of competences.
- A new version of Article 785 of the Criminal Procedure Law introduces a mandatory preliminary hearing in the abbreviated procedure: “the judge or court shall convene.” It is still unclear whether this will also apply to the ordinary procedure. The hearing covers: a) possible plea agreement
b) court’s jurisdiction
c) any rights violations
d) existence of preliminary issues
e) grounds for trial suspension
f) content, purpose, or invalidity of evidence.
The hearing will not be suspended due to unjustified absence of the parties. Generally, the court must resolve the issues orally and also rule on the proposed evidence. The hearing may become a plea agreement trial. If no agreement is reached, the hearing proceeds to scheduling—unless the judge or court has not issued an oral ruling.
III. It modifies Organic Law 6/1985 of the Judiciary in criminal procedural and jurisdictional aspects. The new Article 88 of the Judiciary Law defines the competences of the investigation sections. Some changes are merely adaptations to the new structure and the creation of the new Violence Against Children and Adolescents sections.
- It modifies Law 50/1981 of December 30, which regulates the Organic Statute of the Public Prosecutor’s Office, in procedural matters affecting its role—especially regarding involvement in criminal proceedings affected by the reform.
- It amends Law 23/2014 of November 20, on the mutual recognition of criminal judgments in the European Union, to ensure coherence and efficiency in international judicial cooperation in criminal matters.
- Lastly, Organic Law 1/2025 introduces modifications to the Legal Aid Law, in compliance with the twenty-first final provision of Organic Law 10/2022, to guarantee effective access to justice for victims of the mentioned crimes.
