Third-Grade Prison Classification in Spain: How to Apply (2026)
In this article
Key Takeaways
- Third grade = semi-liberty regime
- Individualised classification, no fixed term
- Civil liability is decisive
- Appealable before the Prison Supervision Judge
Third-grade prison classification is Spain's open or semi-liberty regime: the inmate leaves prison to work or carry out activities and often sleeps outside the facility, sometimes under electronic monitoring (Article 86.4 of the Prison Regulation). There is no fixed period: classification is individualised and requires favourable progress in treatment, a positive reintegration forecast and satisfaction of the civil liability arising from the offence, especially in economic offences. The prison's Treatment Board drafts the proposal and the central prison authority decides it; a refusal can be appealed before the Prison Supervision Judge and then before the Provincial Court.
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Third-grade prison classification is the goal of most inmates: it allows a sentence to be served under a semi-liberty regime, leaving prison to work and often sleeping outside the facility. As criminal defence lawyers, we explain how to apply.
What Third Grade Is
The Spanish prison system is organised in grades. Third grade corresponds to the open regime: the inmate lives under a semi-liberty arrangement, with leave to work or carry out activities, and several modalities — from the ordinary open regime to electronic monitoring under Article 86.4 of the Prison Regulation.
Requirements for Third Grade
- Favourable progress in treatment and a positive individualised forecast of reintegration.
- Satisfaction of the civil liability arising from the offence, especially in serious property, tax or corruption offences.
- For sentences over five years, the court may have set a security period requiring part of the sentence to be served first.
How to Apply and Who Decides
The Treatment Board of the prison drafts the initial classification proposal, decided by the central authority of the prison administration. Grade is reviewed at least every six months. A strong file — work, training, favourable reports, a life plan — is decisive.
Civil liability is key
In economic offences, failing to show an effort to compensate the victim usually blocks third grade. Planning payment, or a payment commitment, is part of the strategy.
If It Is Refused: the Appeal
A refusal of third grade can be appealed before the Prison Supervision Judge and then before the Provincial Court. A technical defence documenting progress and rebutting unfavourable reports makes the difference.
Has third grade been refused?
We study the prison file and prepare the appeal before the Prison Supervision Judge.
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Frequently asked questions
What is third-grade prison classification?
It is the open or semi-liberty regime. The inmate keeps leave to work or carry out activities, with modalities ranging from the ordinary open regime to electronic monitoring under Article 86.4 of the Prison Regulation. In many cases it allows the inmate to sleep outside the facility.
What requirements does third grade require?
Favourable progress in treatment and a positive individualised reintegration forecast, satisfaction of the civil liability arising from the offence — especially in serious property offences, offences against the Public Treasury or corruption offences — and, for sentences over five years, completion of any security period the court may have set.
How much time must be served before accessing third grade?
There is no fixed period. Classification is individualised and depends on each inmate's progress. For sentences over five years, the court may have set a security period requiring part of the sentence to be served first.
Who decides whether third grade is granted?
The prison's Treatment Board drafts the classification proposal, decided by the central authority of the prison administration. Grade is reviewed at most every six months.
What can be done if third grade is refused?
A refusal can be appealed before the Prison Supervision Judge and then before the Provincial Court. The inmate can also request grade progression directly from the Prison Supervision Judge, documenting their progress and rebutting unfavourable reports.
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