Supervised Release Lawyer · Sexual Offences (Art. 106 CP)

Supervised Release: Mandatory Application

Supervised release is a non-custodial security measure governed by Article 106 of the Spanish Penal Code, imposed as a measure following completion of the custodial sentence in certain offences. It applies mandatorily to serious sexual offences (Art. 192.1 CP), terrorism (Art. 579 bis CP) and other statutory cases. Its duration may range from five to ten years depending on the offence, and it carries a set of obligations that can be as demanding as the sentence already served.

Article 192.1 CP provides that those sentenced to imprisonment for one or more offences under Title VIII of Book II of the Penal Code (offences against sexual freedom and indemnity) shall additionally be subject to supervised release, to be served after the custodial sentence. The measure is compulsory for these offences and not a discretionary power of the court, save under the second paragraph of Article 192.1 CP, which allows it to be dispensed with for a single offence committed by a first-time offender where the sentence imposed is under two years and a favourable prospect of rehabilitation is found.

Content of Supervised Release

Article 106 CP sets out the possible obligations: the duty to remain locatable at all times through electronic devices; periodic reporting to the place the judge determines; immediate notification of changes of residence or workplace; a prohibition on leaving the place of residence without authorisation; a no-contact and restraining order in respect of the victim; a prohibition on approaching places where minors are present; a prohibition on residing in certain places; a prohibition on carrying out certain activities; and a duty to take part in training, employment, cultural or sex-education programmes. The judge determines which obligations are imposed according to the circumstances.

Enforcement, Modification and Early Termination

Supervised release is enforced after the custodial sentence is completed. Two months before the sentence expires, the prison supervision judge submits to the sentencing court a proposal on the specific content of the measure in line with the prognosis of rehabilitation. The court rules by reasoned order after hearing the Public Prosecutor, the convicted person and, where appropriate, the victim. Article 106.3 CP allows the judge to modify the obligations, maintain them, replace them with less onerous ones or set them aside where supervening circumstances so warrant. The defense may seek total or partial early termination by proving favourable progress: completion of treatment programmes, employment, family stability, absence of incidents and favourable professional reports.

Breach & Defense Strategy

Breach of the imposed obligations may, under Article 106.4 CP, lead to proceedings for the offence of breaching a sentence under Article 468 CP. The defense must assess case by case whether the breach actually meets the offence or whether justifying causes exist (supervening impossibility, mistake as to the scope of the obligation, force majeure). We articulate the defense around: challenging the imposition of the measure under the second paragraph of Article 192.1 CP; disputing the duration and the specific selection of obligations; submitting favourable professional reports (psychological, social, employment); seeking modification or early termination during enforcement; and defending against alleged breaches. We act before the Prison Supervision Courts, the sentencing courts and the Provincial Courts.