What a suspended sentence is
A suspended sentence — traditionally called "conditional conviction" or "conditional remission" — is the mechanism that allows a prison sentence already imposed in a final judgment not to be served if the convicted person completes a probation period without incident. It is regulated in articles 80 to 87 of the Spanish Criminal Code (CP) and rests on a special-prevention rationale: where "it is reasonable to expect that enforcement of the sentence is not necessary to prevent the future commission of new offenses" (art. 80.1 CP), imprisonment may prove counterproductive. In deciding, the court weighs the circumstances of the offense and of the convicted person, their record, their conduct after the fact — in particular the effort to repair the harm — and their family and social circumstances.
The three routes of article 80 CP
Ordinary route (arts. 80.1 and 80.2 CP): up to two years, first offense and civil liability
This is the general regime and requires three cumulative conditions. First, being a first-time offender, with decisive nuances: convictions for negligent offenses or minor offenses do not count, nor do records that have been expunged or should have been expunged under article 136 CP, nor those for offenses irrelevant to assessing the likelihood of future offending. Second, that the sentence or the sum of those imposed does not exceed two years, excluding personal liability arising from non-payment of a fine. Third, that civil liability has been satisfied along with any confiscation order: a commitment to pay according to one’s financial capacity suffices where compliance can reasonably be expected within the period the court sets.
Exceptional route (art. 80.3 CP): no first-offense requirement, reinforced reparation
Even where first-offense status or the two-year limit on the sum are missing, the court may suspend prison sentences that individually do not exceed two years, provided the person is not a habitual offender — article 94 CP deems habitual anyone who has committed three or more offenses of the same chapter within five years and been convicted for them — and their personal circumstances, the nature of the facts, their conduct and, in particular, the effort to repair the harm so advise. The price of this route is twofold: suspension is always conditioned on effective reparation of the harm or compliance with a mediation agreement, and a fine or community service is always imposed with a minimum extension computed on one fifth of the sentence (art. 80.3 in relation to art. 84 CP).
Drug-dependence route (art. 80.5 CP): up to five years of imprisonment
Where the offense was committed because of dependence on the substances of article 20.2 CP — alcoholic beverages, toxic drugs, narcotics, psychotropic substances or others with analogous effects — suspension reaches custodial sentences of up to five years, even if the person has prior convictions or the sum exceeds two years. The central condition is evidentiary: a duly accredited or approved public or private center or service must certify that the convicted person is rehabilitated or undergoing treatment at the time of the decision. If under treatment, suspension is conditioned on not abandoning it until completion, and the law clarifies that relapses are not deemed abandonment unless they show a definitive abandonment of the treatment.
There is also a humanitarian case: article 80.4 CP allows suspending any sentence, without any requirement, where the convicted person suffers from a very serious illness with incurable ailments, unless another sentence had already been suspended on the same ground.
The suspension period and how it runs (arts. 81 and 82 CP)
The suspension period is two to five years for custodial sentences not exceeding two years and three months to one year for minor penalties; where suspension was granted under the drug-dependence route, the period is three to five years (art. 81 CP). It runs from the date of the decision granting it or, if granted in the judgment itself, from the date the judgment became final; time spent in absconding does not count (art. 82.2 CP). Whenever possible, the court rules on suspension in the judgment itself; otherwise it decides with the utmost urgency once the judgment is final, after hearing the parties (art. 82.1 CP).
Conditions, revocation and final remission (arts. 83, 84, 86 and 87 CP)
Suspension may be conditioned on the prohibitions and duties of article 83 CP (staying away from the victim, residence rules, periodic appearances, educational or rehabilitation programs, among others) and on the measures of article 84 CP (mediation agreement, fine or community service). In gender-violence offenses, the prohibitions on approaching the victim and on visiting certain places, plus participation in educational programs, are always imposed (art. 83.2 CP), and the fine of article 84 is only available where there are no economic ties between offender and victim (art. 84.2 CP). During the period, the court may lift, modify or replace the conditions if circumstances change (art. 85 CP).
Suspension is revoked in the cases of article 86.1 CP: conviction for an offense committed during the period that disproves the favorable prognosis, serious or repeated breach of the prohibitions or measures, or breach of the commitment to pay civil liability while being able to pay. If the breach is neither serious nor repeated, the court may instead modify the conditions or extend the period by up to half of the initial one (art. 86.2 CP). Once the period elapses without incident, the court orders the remission of the sentence (art. 87.1 CP): the suspended prison term is definitively extinguished.
Suspended sentences and fast-trial plea agreements
Suspension is very often combined with a plea agreement in the Spanish fast-trial procedure: if the accused pleads before the duty court, the requested penalty is reduced by one third and, where the resulting prison term does not exceed two years, the duty judge may rule on suspension at the same hearing (art. 801.2 LECrim), a commitment to pay civil liability within the set period being sufficient (art. 801.3 LECrim). This is the practical path by which many plea-based convictions end without imprisonment. You can simulate that reduction with our fast-trial plea calculator, linked below.
What this checker cannot tell you
The tool matches your data against the textual requirements of the Criminal Code, but suspension is always a discretionary, reasoned judicial decision: meeting the requirements does not guarantee it will be granted, and the court weighs factors — dangerousness, reparative effort, community ties — that no form can capture. Nor does it assess penalties other than imprisonment, the special rules of certain offenses or the most advisable procedural strategy. Always consult a criminal defense lawyer before taking decisions on the enforcement of a sentence.