Ordinary Prison Furloughs
Request, defense and appeal regarding ordinary prison furloughs. Up to 36 days per year in second degree and 48 in third degree (Art. 47 LOGP).
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Nature and Purpose
Ordinary furloughs are an essential tool of individualized penitentiary treatment, oriented to prepare return to liberty, maintain family ties and foster sense of responsibility.
Legal Requirements
- Classification in second or third degree (not first).
- Completion of one quarter of sentence.
- Good prison conduct.
- Absence of breach probability.
- Absence of bad influence on other inmates.
- Commitment to comply with furlough prescriptions.
Procedure
Inmate request to Treatment Board; Technical Team report on requirement compliance; Board proposal; Central Authority approval or denial; judicial authorization from PSJ for furloughs over 2 days or for specially classified inmates.
Frequent Denial Causes
Denials usually invoke: breach risk, victims or witnesses at exit place, lack of roots, irregular conduct, substance use, pending causes.
Appeals
Against denial, appeal to Penitentiary Surveillance Judge within 5 days from notification. Against PSJ order, appeal to Provincial Court.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Breach (Art. 468 CP) | 6 months to 1 year imprisonment if inmate doesn't return from furlough. |
| Degree regression | Breach or irregular conduct on furlough usually entails regression. |
| Loss of benefits | Cancellation of redemptions and penitentiary benefits obtained for good conduct. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Anticipated prepared request
Anticipated documentary preparation so request arrives complete to Board.
Private technical report
When there is denial, psychological report neutralizing alleged causes.
Verifiable therapeutic commitment
Documented treatment, dishabituation or psychotherapy programs.
Technical PSJ appeal
Appeal based on evidence and jurisprudence specific to relevant PSJ.
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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