Suspended Sentences in Spain: Requirements and Conditions
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listIn this article
lightbulbKey Takeaways
- check_circleSentence under 2 years
- check_circleNo prior convictions
- check_circlePay compensation
- check_circleNo reoffending
The most welcome sentence anyone convicted of a crime can hear is: "The prison sentence is suspended". It means that, although you have been convicted to prison, you will not have to go in if you meet certain conditions. But be careful: suspension is NOT automatic or an absolute right. It is a decision made by the judge. In this 2026 guide we explain how to obtain it. Our specialist criminal lawyers can help you with your case.
What is Sentence Suspension? (Art. 80 of the Spanish Criminal Code)
It is a legal benefit that allows the prison sentence not to be enforced when this is not deemed necessary for the convicted person's rehabilitation. The conviction remains "suspended" for a period (2 to 5 years).
If during that period you do NOT commit another offense, the sentence is deemed definitively served. If you do commit another offense, the suspension is revoked and you go to prison (to serve both the new and the old sentence).
Basic Requirements (Ordinary Suspension)
For the judge to suspend the sentence, three cumulative conditions must be met:
1. Be a First-Time Offender
- That is, have no criminal record that counts.
- Cancelled or cancellable prior convictions do not count.
- Convictions for minor or negligent offenses do not count.
2. Sentence No Greater Than 2 Years
- The sum of the sentences imposed in the judgment must not exceed 2 years.
- Example: Two sentences of 18 months each = 36 months -> NO suspension (save for exceptions).
3. Civil Liability Satisfied
- You must have paid the compensation owed to the victim.
- Or undertaken a commitment to pay in installments according to your financial capacity.
- This point is crucial: if you have the money and do not pay, you go to prison even for a 6-month sentence.
Special Exceptions
There are cases where suspension is possible even if the above is not met:
Very Serious Illness (Art. 80.4 CP)
- Any sentence (no year limit) may be suspended if the convict suffers from an incurable disease with serious symptoms.
Drug Dependence (Art. 80.5 CP)
- Sentences of up to 5 years may be suspended.
- Requirement: The offense must have been committed because of the addiction.
- Condition: Be drug-free or in strict treatment.
Conditions of Suspension
The judge will tell you: "I suspend your sentence for a period of 2 years on condition that...":
- You do not commit another offense (always).
- You pay the civil liability (always).
- Sometimes: Prohibition from going to certain places.
- Sometimes: Participation in training programs (gender violence, road safety).
- Sometimes: Community service.
When Is Suspension Revoked?
If you breach the conditions, the judge may:
- Issue you a warning.
- Impose new prohibitions on you.
- Revoke the suspension: The police will look for you to take you into prison.
The most common cause of revocation is committing another offense during the suspension period.
Important
Having cancellable prior convictions (which could already be wiped) does not block suspension. Your lawyer must request cancellation BEFORE the judgment so that you count as a first-time offender.
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Frequently asked questions
What are the requirements for suspending a sentence?expand_more
The main ones (art. 80 CP): the prison sentence must not exceed 2 years, the convicted person must be a first-time offender (expunged convictions and convictions for minor offences do not count) and the civil liability must have been satisfied. The judge also weighs dangerousness.
Is suspension of the sentence automatic?expand_more
No. It is a power of the judge or court, granted in a reasoned decision weighing the circumstances of the offence and of the convicted person. It must be requested and well argued, and it may come with conditions such as prohibitions, training programmes or community work.
Can a sentence of more than 2 years be suspended?expand_more
Exceptionally, yes. Art. 80.5 CP allows sentences of up to 5 years to be suspended for offenders with an addiction who undergo detoxification treatment, and there are special rules for the seriously ill. Outside those cases, the general limit is 2 years.
What happens if I commit an offence during the suspension?expand_more
Committing a new offence during the suspension period (2 to 5 years) can lead to its revocation and imprisonment to serve the suspended sentence. It can also be revoked for serious breach of the conditions imposed.
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