Suspended Sentences in Spain: Requirements and Conditions

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 it is reasonable to expect that enforcement is not necessary to prevent the convicted person from reoffending (art. 80.1 CP). The conviction remains "suspended" for a period of 2 to 5 years (3 months to 1 year for minor penalties; art. 81 CP).

If the period elapses without a new offence and with the rules imposed sufficiently complied with, the judge orders the remission of the sentence, which is extinguished (arts. 87.1 and 130.1.3.º CP). If you are convicted of an offence committed during the period that shows the favourable prognosis no longer holds, the suspension is revoked and you must serve the suspended sentence, apart from whatever is imposed for the new offence (art. 86.1.a CP).

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 offences do not count (except, since Organic Law 1/2026, minor-offence convictions that make up an aggravated multi-recidivism offence).
• Nor do records which, by their nature or circumstances, are irrelevant to assessing the likelihood of future offending.

2. Sentence No Greater Than 2 Years

• The sum of the sentences imposed in the judgment must not exceed 2 years, not counting default imprisonment for an unpaid fine.
• Example: Two sentences of 18 months each = 36 months -> NO ordinary suspension (though the exceptional one of art. 80.3 CP remains possible, as neither exceeds 2 years).

3. Civil Liability Satisfied

• You must have paid the compensation owed to the victim and, where ordered, made the confiscation effective.
• Or undertaken to pay according to your financial capacity (and to facilitate the confiscation), provided it is reasonable to expect you to honour it within the period set by the judge, who may require guarantees.
• This point is crucial: if you can pay but neither pay nor commit to paying, suspension may be refused even for a 6-month sentence; and if you later break the commitment while able to pay, it is revoked (art. 86.1.d CP).

Special Exceptions

There are cases where suspension is possible even if the above is not met:

Exceptional Suspension (Art. 80.3 CP)

• Even if you are not a first-time offender or the total exceeds 2 years, provided you are not a habitual offender (art. 94 CP) and no prison sentence individually exceeds 2 years.
• Mandatory conditions: repairing the harm or paying compensation as far as you can (or complying with the mediation agreement) and, in addition, a fine or community service of at least the amount resulting from converting one fifth of the sentence.

Very Serious Illness (Art. 80.4 CP)

• Any sentence (no year limit and no other requirement) may be suspended if the convicted person suffers from a very serious illness with incurable suffering, unless they already had another sentence suspended on the same ground when they offended.

Drug Dependence (Art. 80.5 CP)

• Sentences of up to 5 years may be suspended.
• Requirement: The offence must have been committed because of the addiction.
• Condition: an accredited centre or service must certify that you have overcome the dependence or are in treatment, and you must not abandon the treatment until it ends.

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 offence (always).
• You pay the civil liability as undertaken, if there is any.
• Sometimes: Prohibition from going to certain places.
• Sometimes: Participation in training programmes (gender violence,road safety). In gender-based violence, the ban on approaching the victim, the ban on going to certain places and training programmes are mandatory (art. 83.2 CP).
• Sometimes: A fine or community service (always in the exceptional suspension of art. 80.3 CP).

When Is Suspension Revoked?

If you breach the conditions, the judge may (art. 86 CP):

1. If the breach is neither serious nor repeated, impose new prohibitions, duties or conditions on you, or modify the existing ones.
2. In that same case, extend the suspension period by no more than half of the period originally set.
3. Revoke the suspension if the breach is serious or repeated: enforcement of the sentence and admission to prison are ordered, after hearing the prosecutor and the parties (save in urgent cases: art. 86.4 CP).

The best-known ground for revocation is a conviction for another offence committed during the suspension period, provided that offence shows the favourable prognosis no longer holds (art. 86.1.a CP).