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Suspension Of Imprisonment And Suspension Of Sentence

The imprisonment of certain types of criminals can be counterproductive. This is what happens, for example, when we talk about cases in which specific minor crimes have been committed and there is no predictable recurrence forecast.

In these cases, the judge may agree to suspend the sentence for the convicted person. Something that happens with relative regularity but is subject to a wide variety of conditions. Here we are going to talk about them in depth.

The suspension of the sentence in the new Penal Code

The suspension of sentence is typified in articles 80-87 of the Penal Code. The last modification they underwent was with Organic Law 1/2015, which is the one currently in force.

Specifically, within these articles a series of requirements are established to proceed with the suspension of the prison sentence. They are divided into three categories: objective, subjective and temporary.

The objective requirements for the suspension of the custodial sentence
We begin by talking about the ‘sine qua non’ conditions for the suspension to take place. According to the Penal Code, they are the following:

It must be the first time that the convict commits a crime. Of course, in this sense, canceled criminal records or convictions for minor or reckless crimes are not taken into account. Neither are those that, by their nature, do not serve to assess the probability of recurrence in the future.
The imprisonment sentence imposed must be less than 2 years. In that period, the derivative of not paying the set fine, if any, is not computed.
Satisfaction of the civil responsibilities originated. They are satisfied when, taking into account their economic capacity, it is expected that the convicted person complies with them within a period determined by the judge or court.
Subjective requirements for suspension of sentence
Article 80 of the Criminal Code gives the judge the power to assess the circumstances in which the crime in question has been committed. We are talking, for example, about the criminal record in force, the conduct maintained after the criminal act for which he has been convicted and the effort made to repair the damage generated, as well as his social and family circumstances and the consequences that You can have in your personal and professional life the fulfillment of the penalty.

The temporary requirements for the suspension of the execution of the sentence
When the objective requirements are met and the judge assesses that the convicted person has the right to enjoy this punitive benefit, he will proceed to set a period of suspension. But what does this mean? Specifically, we are referring to a period of time during which the convicted person cannot commit another crime.

In the event that the convicted person commits a crime again during the period of suspension of the sentence, he will not only have to comply with the sentence established for the crime he has just committed, but also the one established by the previous sentence.

Now, what is the term of suspension of suspension of the penalty? It will depend, fundamentally, on the seriousness of the crime. This is stated in article 81 of the Penal Code:

Prison sentences not exceeding 2 years. From 2 to 5 years of suspension.

Penalties for minor crimes. From 3 to 12 months of suspension.
The term to request the suspension of the sentence
The normal thing is that, in the sentence of the judge or court itself, the measures of suspension of the sentence appear directly, if applicable. However, there are several moments throughout the judicial process in which the lawyer for the convicted person can request it.

The first of these is at the beginning of the court hearing. However, for this to happen, an agreement needs to be reached in accordance with the Public Prosecutor and the private prosecution (if any). The defendant will have to acknowledge his guilt for it to take effect.

The second occurs after the final judgment issued by the judge or court and before the enforceable judgment is initiated. During that period of time, the convicted person’s lawyer can present a report with all the necessary evidence to demonstrate that his client meets the requirements set forth in the Penal Code. In the event that the Public Prosecutor denies the suspension of the sentence, the convicted person has the right to appeal.

In short, the suspension of the sentence is a particularly common measure since the last reform of the Criminal Code, which granted greater flexibility and freedom to judges. We hope we have clarified all your doubts about it in this article. If you need more detailed information, we recommend going to criminal lawyers to resolve all doubts.