Reviewable Permanent Imprisonment in Spain: Everything You Need to Know
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Reviewable permanent imprisonment is, in effect, life imprisonment in Spain. Introduced by Organic Law 1/2015, it is the most severe penalty in the Spanish Criminal Code and prompts intense legal debate. As criminal lawyers experienced in homicide and murder, we explain everything you need to know about this penalty.
What Is Reviewable Permanent Imprisonment?
It is an indefinite prison sentence imposed for the most serious offences in the Criminal Code. Unlike the "classic" life imprisonment of other countries, the Spanish version provides for a mechanism of mandatory review after a minimum period served. If the court considers that the convicted person can be reintegrated into society, it may suspend the enforcement of the sentence.
It is governed by Articles 36 and 92 of the Criminal Code.
Which Offences Does It Apply To?
Reviewable permanent imprisonment is reserved for a closed list of extremely serious offences:
- Hyper-aggravated murder (Art. 140 CP): the murder of children under 16, of especially vulnerable persons, murder following a sexual offence, murder committed by members of a criminal organisation, or where there are two or more victims.
- Killing of the King or Queen (Art. 485 CP) or of the Prince/Princess of Asturias.
- Killing of foreign Heads of State (Art. 605 CP).
- Genocide resulting in death (Art. 607 CP).
- Crimes against humanity resulting in death (Art. 607 bis CP).
- Terrorism offences resulting in death (Art. 573 bis CP).
In practice, the vast majority of sentences of reviewable permanent imprisonment are handed down in cases of the murder of minors or multiple murders.
How Does the Review Work?
The review is not automatic. After serving a minimum period, the convicted person may apply to the sentencing court for the suspension of the sentence. The minimum periods are:
| Situation | Minimum period |
|---|---|
| General rule | 25 years |
| Terrorism offences | 28 years |
| Concurrence of 2+ offences (one carrying PPR) | 30 years |
| Terrorism + concurrence | 35 years |
Requirements for Suspension
Article 92 CP requires, simultaneously:
- Having served the minimum period (25-35 years depending on the case).
- Being classified in the third prison grade (open regime).
- A favourable prognosis of social reintegration based on prison reports.
- Having met the civil liability (compensation to the victims).
If suspension is refused, it can be applied for again every 2 years. In theory, it could last for life if the requirements are never met.
⚠️ Key Fact
In Spain, no person sentenced to reviewable permanent imprisonment has yet reached the review point (25 years). The first reviews will not take place before 2040.
The Constitutional Debate
Reviewable permanent imprisonment has been the subject of intense debate:
- In favour: the review mechanism makes it compatible with Art. 25.2 of the Constitution (reintegration), since there is always a "hope of liberty".
- Against: many criminal-law scholars and the General Council of the Judiciary argue that it is a disguised life sentence. The periods are so long that reintegration becomes a chimera.
The Constitutional Court (Judgment 169/2021) upheld its constitutionality, although with dissenting opinions that considered it to breach the prohibition of inhuman penalties (Art. 15 of the Constitution).
How to Defend Against a Charge Carrying PPR?
The strategy must be absolutely thorough:
- Reducing the classification: the difference between homicide (15 years) and hyper-aggravated murder (PPR) can come down to a legal nuance.
- Attacking the forensic evidence: DNA, ballistics, toxicology. We coordinate with qualified experts.
- Jury Court: murders are tried before a popular jury. Courtroom advocacy is decisive.
We take on defences in cases of the utmost seriousness. If you are facing a murder charge, contact us without delay.
Frequently asked questions
What is reviewable permanent imprisonment?expand_more
It is a prison sentence of indefinite length but subject to review: the convicted person serves a minimum number of years (generally 25, or more for terrorism or multiple offences) and the court then periodically reviews whether there is a favourable prognosis of reintegration in order to grant conditional release.
Which offences does it apply to?expand_more
Only to the most serious murders under art. 140 CP: where the victim is under 16 or especially vulnerable, where the murder follows an offence against sexual freedom, in multiple murders, or where it is committed by a criminal organisation or for terrorist purposes.
Is reviewable permanent imprisonment constitutional?expand_more
Yes. The Constitutional Court upheld its constitutionality in judgment STC 169/2021, holding that periodic review and a real possibility of release make it compatible with the prohibition of inhuman punishment and with the reintegration aim of art. 25.2 CE.
When can it be reviewed so the prisoner is released?expand_more
Review is available after serving the legal minimum (as a general rule, 25 years) and requires a favourable prognosis of reintegration. Conditional release is granted on a trial basis and can be revoked; it is not an automatic or definitive release.