Full text
Text in force since 10 April 2026.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
TÍTULO III — De las penas
Text in force since 10 April 2026.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.
In force from 24/05/1996 to 30/09/2004
In force from 01/10/2004 to 30/06/2015
In force from 01/07/2015 to 09/04/2026
Article 80 opens the regulation of the suspension of custodial sentences: the mechanism by which a judge or court, through a reasoned decision, suspends a convicted person's imprisonment when it is reasonable to expect that serving the sentence is not necessary to prevent them committing further offences. It is not an acquittal or a conditional conviction in the classic sense: the conviction and the sentence still exist, but their execution is suspended for a period, provided the offender does not reoffend and, where applicable, complies with certain conditions.
To decide, the court weighs a broad set of factors: the nature and seriousness of the offence committed, the offender's personal circumstances, their criminal record, their conduct after the acts — particularly their effort to repair the harm caused — their family and social situation, and the effects to be expected both from the suspension itself and from compliance with any measures imposed.
Paragraph 2 sets three general conditions: that the offender is a first-time offender, disregarding convictions for negligent or minor offences (unless aggravated by multiple reoffending) and expunged or expungeable records; that the sentence, or the sum of several sentences, does not exceed two years' imprisonment, excluding any sentence from unpaid fines; and that civil liabilities and any confiscation ordered have been satisfied, deemed met if the offender commits to paying according to their means.
Paragraph 3 allows the suspension to be granted exceptionally, even where those first two conditions are not met, when the offender's personal circumstances, the nature of the offence and their effort to make amends (provided they are not a habitual offender) so advise, always conditional on effectively repairing the harm and on one of the measures under Article 84. Paragraph 4 allows suspension with no requirements at all where the offender suffers from a very serious, incurable illness. And paragraph 5 — the route for people with a drug dependency — allows suspension of sentences of up to five years' imprisonment where the offence was committed because of dependency on the substances listed in Article 20.2, provided an accredited centre certifies the offender has overcome the dependency or is undergoing treatment.
The suspension period, governed by Article 81, runs from two to five years for custodial sentences of up to two years, and from three to five years in the drug-dependency case under paragraph 5. During that period, the court may impose the prohibitions and duties of Article 83, such as a ban on approaching the victim.
Applying for a suspension with solid grounds means gathering, in advance, evidence for each requirement: proof of payment or a commitment to pay civil liabilities, documentation of efforts to make amends, and, in drug-dependency cases, a certificate from an accredited treatment centre. It is also worth arguing, where relevant, for the exceptional route under paragraph 3 if the first two general conditions are not strictly met. To see which route your case may fit, you can use the suspended sentence checker.
Legislative reform discussed
See the summary of this reform, the Criminal Code articles affected and the BOE link on our criminal-law reforms page.
View the reform· BOE-A-2026-7966Orientative data computed from the highest prison term this article provides for (including the degree rules it imposes itself or the penalties of another article it refers to) and, where there is one, its disqualification, which also counts towards the classification and the limitation period (arts. 33 & 131.1 CP). Aggravated or mitigated subtypes, other non-custodial penalties and concurrence rules may alter the outcome in each specific case.
This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.