Understanding Prison Sentence Execution in Spain

Posted on Feb 19, 2025 in Criminology

Performance: Suspension and Execution of Sentences

1. Incidents of Suspension

There is a possibility of suspension of sentence for offenders sentenced to imprisonment for a period not exceeding two years if civil liabilities have been satisfied. Suspension ranges from 2 to 5 years for more serious cases and 3 months to 1 year for less serious cases. If the subject does *not* re-offend during that period, the penalty is not imposed, and there is no annotation of a criminal record. If the subject *does* re-offend, the suspension is lifted, and they must serve their imposed sentence.

Special Suspension Cases:

  • Terminally ill convicts.
  • Convicted drug abusers who have requested a pardon.
  • Partial suspension when the punishment exceeds two years, but a security measure has been applied first, and execution of the sentence could jeopardize the effectiveness of that measure.

The 2003 Penal Code Reform replaced custodial sentences of less than one year with alternatives, such as community service or permanent location. The location is agreed upon, after hearing the parties, by the court in its sentence or in a later order, in response to the personal circumstances of the offender, the nature of the crime, and efforts to repair the damage. It is also considered if the offender is a habitual criminal.

It is possible to undertake a review of the enforcement in order to comply with sentences imposed for related offenses prosecuted in various procedures. The court, having learned of the latter process, either *ex officio* or upon request by the Public Prosecutor, will claim the criminal history sheet from the Central Register of Convicted Persons and Rebels, as well as testimony of the conviction in which the maximum penalty was imposed.

It is appropriate to suspend the execution of the sentence of a convicted person with a mental disorder, with the subsequent order that the convicted person receives the necessary medical treatment. It is also possible to stay the execution for the admissibility of an appeal for *amparo*.

Besides the ordinary form of completion of criminal enforcement (enforcement of the sentence), abnormal forms of completion include:

  • Death of the prisoner.
  • Prescription of the penalty or security measure.
  • Forgiveness of the offended party.
  • Granting of pardons.
  • Estimation of an appeal for review.
  • Expiry of sentences declared unconstitutional by law.
  • Grant of constitutional protection.

2. Execution of Prison Sentences

The execution of penalties and security measures should include the goal of social reintegration and rehabilitation of the convicted. This includes the right to paid work and consequent social security affiliation, and the right of access to culture and the integral development of their personality.

The competent court shall forward to the prison director a copy of the liquidation decision in relation to the sentence the Court Clerk has made. This includes:

  • First Degree (Closed Regime): Applicable to extremely dangerous or unsuitable prisoners, and for preventative detention in these cases.
  • Second Degree (Regular Regime): For other prisoners.
  • Third Degree (Semi-Open Regime): Applicable to prisoners who can continue serving their sentences in semi-liberty, provided they have fulfilled their civic responsibilities. In cases of terrorism offenses, credible repentance is required.
  • Fourth Degree (Parole/Conditional Release):

The initial technical analysis determines the application of the first or second degree to a prisoner. Granting the fourth degree requires that the prisoner:

  • Is already in the third degree.
  • Has served ¾ of their sentence.
  • Demonstrates good conduct.
  • Shows a good prognosis for social reintegration.
  • Has satisfied civil liabilities.
  • If convicted of terrorist crimes, has repented credibly.

Probation is also possible when the subject is aged 70 or over or suffers from a terminal illness. Probation lasts throughout the remainder of the overturned conviction, and it is revoked if the subject re-offends or fails to honor the conditions under which it was granted.