Conditional Release
Processing and defense of ordinary, anticipated and serious illness conditional release (Arts. 90-92 CP). Suspension by establishment and reinsertion plan.
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Modalities
Conditional release is the serving of final sentence segment in liberty, under conditions and with pending sentence suspension, regulated in Arts. 90-92 CP.
Requirements
- Completion of minimum time required for each modality.
- Classification in third degree (except serious illness).
- Good prison conduct without valid sanctions.
- Favorable individualized reinsertion prognosis.
- Satisfaction of civil liability or accredited plan.
- Commitment to comply with imposed conditions.
Procedure
Treatment Board raises proposal to PSJ, which resolves after Prosecutor report and, when applicable, victim in serious offenses. Legal defense must articulate treatment dossier, private psychological report, external life plan, civil liability payment or plan.
Frequent Denial Causes
Denials usually invoke pending civil liability without accredited effort, absence of activities in anticipated, unfavorable prognosis, pending criminal causes, absence of roots, insufficient therapeutic commitment.
Appeals and Establishment Suspension
Denial is appealable to Provincial Court. For foreigners without legal residence, usual alternative is expulsion suspension of Art. 89 CP.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Serving in liberty | Exit from prison facility with condition submission and probation period. |
| Revocation for non-compliance | Condition non-compliance revokes conditional release and re-entry to serving. |
| Extinction after probation period | Probation period completed without incidents, sentence considered extinguished (Art. 90.5 CP). |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Anticipated request with dossier
Documentary preparation of request with all favorable material from first moment.
Civil liability payment plan
Design of viable and proportional plan neutralizing this usual denial cause.
Private psychological expert evidence
Independent report reinforcing reinsertion prognosis.
Appeal to Provincial Court
Technical appeal against unjustified denial with favorable specific jurisprudence.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
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