What does a first-instance court (“tribunal de instancia”) do?

Question

José Manuel Alburquerque · Accepted Answer

It does what the old individual courts (“juzgados”) used to do, which Organic Law 1/2025 (“Ley Orgánica 1/2025”) has grouped into these courts. It decides cases at first instance and, in criminal matters, investigates offences. There is one in each judicial district, which is the area it serves, with all its judges grouped into sections by subject matter, such as the civil section, the criminal investigation section or the commercial section. Each case is still decided by a single judge, with the support of a common court office. In Catalonia the change was completed on 31 December 2025, when the last ones were set up, including the one in Barcelona. What has changed and what has not Previously, each judicial district had one or more independent courts (“juzgados”), each with its own number and its own office, such as Court of First Instance No. 5 of Barcelona. Now they all form a single first-instance court (“tribunal de instancia”) per judicial district. The judges are grouped into specialised sections and are supported by a common court office. Across Spain, some 3.800 courts have become 431 first-instance courts. What does not change is the role of the judges. Each judge still decides alone the cases that fall to them and civil judgments are still appealed to the “Audiencia Provincial” (the provincial appeal court). Its sections Each court has, at the very least, a single section covering civil cases and criminal investigation. Where the volume of cases justifies it, that section is split in two, the civil section for civil cases and the criminal investigation section to investigate offences. It may also have these other sections: Sections specialising in civil matters, such as the family, children and capacity section or the commercial section. Criminal sections, such as the criminal section, the section for violence against women, the section for violence against children and adolescents, the juvenile section or the prison supervision section. Administrative and employment sections, for matters involving the public authorities and employment matters. In Catalonia Catalonia has 49 judicial districts. According to the timetable of the “Ministerio de Justicia”, Spain's Ministry of Justice, 33 opened their first-instance court on 1 July 2025, another 2 on 1 October and the remaining 14, including Barcelona, on 31 December 2025. If your case was in a numbered court, it has not been lost and does not start again. It continues to be handled in the section that corresponds to its subject matter and can be traced with the same details as always, the case number and the general identification number, which appear on the court papers. What used to be a numbered court is now, in general, one of the judges' posts in that section. If in doubt, ask your lawyer or enquire at the court office. In municipalities that are not the seat of a first-instance court there is still a justice of the peace, who is not a career judge and decides low-value civil matters, among other functions. The law turns their former registries into justice offices in the municipality (“oficinas de justicia en el municipio”).