Third Degree and Open Prison Regime
Legal defense in progression to third degree and open regime (Arts. 80-83 RP). Art. 100.2 RP application to flex serving.
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What is Third Degree
Third degree is the most flexible sentence serving regime, oriented to social reinsertion through external labor, training or therapeutic activities, returning to Social Insertion Center (CIS) for nightly stay.
Modalities
- Full third degree (Art. 83 RP): Daily exits up to 12 hours; CIS nightly stay; weekends at home.
- Restricted third degree (Art. 82 RP): When personal or treatment circumstances advise less flexible regime.
- Third degree 100.2 RP: Combination of elements from various degrees.
- Telematic (Art. 86.4 RP): Serving with electronic bracelet outside CIS.
Requirements
Completion of quarter of sentence; good prison conduct; absence of recidivism probability; accredited external life plan; civil liability satisfaction or viable payment plan.
Telematic Third Degree
Electronic bracelet allows inmate to serve third degree outside CIS, at own home, with telematic control. Requires adequate home, inmate commitment, structured activity plan.
Appeals
Reform before Central Authority (5 days) and appeal to PSJ (5 days from reform denial notification). Against PSJ order, appeal to Provincial Court.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Access to open regime | CIS nightly stay and external activity. Weekend home possibility. |
| Effective time reduction | Advance towards conditional release. |
| Regression risk | Non-compliance or breach generates immediate regression to second degree. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Socio-labor dossier
Exhaustive documentation of work offer, training, accommodation and family network.
Private psychological report
Independent assessment of recidivism risk complementing official report.
Civil liability payment or plan
Establishment of payment or viable payment plan to neutralize this usual denial cause.
Combined 100.2 + telematic request
Tiered strategy offering alternatives to decision-making body.
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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