The Suspension of Prison and the Suspension of Sentence are two legal figures that are used in the criminal field to temporarily suspend the execution of a prison sentence or a conviction. Both have the main objective of preventing the convicted person from entering prison and offering him the opportunity to amend his conduct, while he is subject to monitoring and control by the judicial authorities.
The Suspension of Prison is a measure that is applied at the time of issuing a conviction, and consists of the temporary suspension of the prison sentence imposed on the convicted person. In order for the Suspension of Prison to be granted, a series of requirements must be met, such as that the sentence imposed does not exceed two years in prison, that the convicted person has no criminal record and that the judge considers that there is a reasonable possibility of that the convicted person does not commit a crime again.
For its part, the Suspension of Judgment is a figure that is applied before the conviction is handed down, and consists of the temporary suspension of the trial and the sentence. In this case, the objective is to offer the defendant the opportunity to demonstrate that he can lead a life free of crime and to amend his conduct. In order to grant the Suspension of Judgment, it is necessary that the defendant has acknowledged the facts with which he is charged, that the maximum penalty provided for in the law does not exceed two years in prison, and that the judge considers that there is a reasonable possibility that the defendant does not reoffend.
In both cases, the Suspension may be conditional on a series of measures and obligations that the convicted or accused must comply with during the period of suspension. These measures may include carrying out work for the benefit of the community, participation in rehabilitation programs, the prohibition of approaching the victim or certain places, and the obligation to appear periodically before the judicial authorities.
It is important to point out that, in the event that the convicted person or the defendant fails to comply with any of the obligations imposed during the Suspension, the judge can revoke the measure and order admission to prison or the continuation of the trial.
In general terms, the Suspension of Prison and the Suspension of Sentence are intended to offer an opportunity to those convicted or charged to demonstrate their ability to amend their conduct and avoid imprisonment, as long as a series of requirements are met and subject to monitoring and control by the judicial authorities.