The starting point can be located in the early years of the twentieth century, where the suspension of the custodial sentence was incorporated into the heterogeneous Legal Orders as a formula focused on avoiding the imprisonment of people convicted of crimes of little gravity.
At present, the suspension of the execution of the sentence is the tool most used by our Judges and Courts to avoid the fulfillment of short-term sentences.
There is no doubt that receiving a prison sentence becomes a very hard time, however, you do not always end up in prison. Yes, the Penal Code contemplates alternative measures to imprisonment according to certain circumstances.
With a merely illustrative spirit, fly feather, we will briefly examine the options contemplated by our Legal System to suspend the execution of custodial sentences.
On what is the suspension of the execution of the sentence based?
Establishes art. 80.1 Criminal Code (Ordinary Regime) that the Judges or Courts may suspend the execution of custodial sentences of no more than two years when it is considered that the execution of the sentence is not necessary to avoid future commission by the convicted person of new crimes, or in other words, the suspension of execution regime is based on judicial discretion.
What will the judge or court assess when making its decision?
i) the circumstances of the crime;
ii) the personal circumstances of the convicted person;
iii) his criminal record;
iv) his behavior after the fact;
v) in particular his effort to repair the damage caused;
vi) his family and social circumstances;
vii) the effects that can be expected from the suspension of execution itself and from compliance with the measures that may be imposed.
What are the necessary conditions to suspend the sentence?
i) That the convicted person has committed a crime for the first time.
ii) That the penalty or the sum of the penalties imposed does not exceed 2 years, without including in such calculation the derivative of the non-payment of the fine.
iii) That the civil responsibility and payment of the forfeiture have been satisfied.
Is there any exceptional regimen?
Yes, the one contemplated in art. 80.3 Penal Code where it is contemplated that in the case of habitual prisoners, the suspension of the prison sentence that individually does not exceed 2 years may be agreed, taking into account:
i) The personal circumstances of the inmate;
ii) The nature of the crime;
iii) The conduct;
iv) The effort to repair the damage caused.
Does the law provide for an extraordinary regime?
The answer is also affirmative, and is contemplated in art. 80.4 Penal Code, by virtue of which our Judges and Courts may grant the suspension of any sentence imposed without being subject to any requirement in the following case:
When the convicted person is suffering from a very serious illness with incurable conditions, unless at the time of the commission of the criminal act he already had another suspended sentence for the same reason.
Does the law contemplate a special regime?
Yes, the law contemplates a special suspension regime in those cases in which the commission of a crime was caused by dependence on alcoholic beverages, toxic drugs, narcotic drugs, psychotropic substances or others that produce similar effects, provided that it is certified by the center. or public or private service duly accredited or approved that the sentenced person is uninhabited or undergoing treatment for this purpose at the time of deciding on the suspension.
For all this, from Guerra Bermúdez Abogados, as a firm specialized in Criminal Law, we can advise and accompany you in any situation that arises anywhere in Spain.
CONSULT US , and an expert lawyer in Criminal Law will assist you in our offices in Madrid. Or call us at 91 308 86 41 .