Parole in Spain: Requirements and Modalities (2026 Guide)
In this article
Key Takeaways
- It is a suspension of the rest of the sentence
- Ordinary: at 3/4 of the sentence
- Advanced at 2/3 and qualified at 1/2
- Special regime for the very seriously ill
Since the 2015 reform, parole in Spain is configured as a modality of suspending the enforcement of the rest of the sentence (Articles 90 to 92 of the Criminal Code): the ordinary form requires being classified in third grade, having served three quarters of the sentence and having displayed good conduct. There are advanced forms at two thirds (for continuous work or cultural activities), a qualified form from the halfway point, release at half for a first prison sentence of up to three years (Art. 90.3), and a special regime for those aged seventy or over and the very seriously ill with incurable conditions (Art. 91). It is granted by the Prison Supervision Judge and can be revoked if the inmate reoffends or breaches the conditions.
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Parole (conditional release) allows an inmate to serve the final phase of their sentence outside prison, under certain conditions. As criminal defence lawyers, we explain its requirements.
A Modality of Sentence Suspension
Since the 2015 reform, parole is configured as a modality of suspending the enforcement of the rest of the sentence (Articles 90 to 92 of the Criminal Code). If the inmate reoffends or breaches the conditions during parole, it may be revoked and they return to prison.
Requirements for Ordinary Parole
- Being classified in third grade.
- Having served three quarters of the sentence.
- Having displayed good conduct.
Advanced Modalities
- Advanced (at two thirds): where the inmate has continuously carried out work, cultural or occupational activities.
- Qualified: a further advance of up to 90 days for each year of actual service, from the halfway point of the sentence.
- First prison sentence: where it does not exceed three years, parole may be granted at the halfway point, except for offences against sexual freedom and indemnity (Art. 90.3).
- Those aged seventy or over and the very seriously ill with incurable conditions (Art. 91): a specific regime that dispenses with the general time limits.
The Prison Supervision Judge decides
Parole is granted by the Prison Supervision Judge. A well-documented application, with a reintegration plan and proven roots, is essential.
The Lawyer's Role
The prison-law lawyer gathers the documentation, proves the inmate's progress and roots, answers unfavourable reports and, if parole is refused, files the request for reconsideration before the Prison Supervision Judge and the appeal before the sentencing court.
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Official text: article 90 of the Spanish Criminal Code (BOE)
Frequently asked questions
What is parole today?
Since the 2015 reform, it is a modality of suspending the enforcement of the rest of the sentence (Arts. 90 to 92 of the Criminal Code). It allows the final phase of the sentence to be served outside prison under certain conditions, and it can be revoked if the inmate reoffends or breaches the conditions, in which case they return to prison.
What are the requirements for ordinary parole?
Being classified in third grade, having served three quarters of the sentence, and having displayed good conduct.
Are there advanced modalities?
Yes. The advanced modality at two thirds of the sentence, where the inmate has continuously carried out work, cultural or occupational activities; the qualified modality, with a further advance of up to 90 days per year from the halfway point of the sentence; and, for those serving their first prison sentence where it does not exceed three years, at the halfway point of the sentence, except for offences against sexual freedom and indemnity (Art. 90.3 CP).
Is there a special regime for the seriously ill?
Yes. Inmates aged seventy or over and the very seriously ill with incurable conditions have a specific regime (Art. 91 CP) that dispenses with the general time limits, though the other requirements, third grade included, still apply unless there is a patent danger to life (Art. 91.3 CP).
Who grants parole?
It is granted by the Prison Supervision Judge. A well-documented application, with a reintegration plan and proven roots, is essential; if it is refused, a request for reconsideration can be filed before the Prison Supervision Judge and an appeal before the sentencing court (5th additional provision LOPJ).
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