Many people believe that in Spain a prison sentence of two years or less is never served. That is not true. A sentence can be suspended, but it is not an automatic right.
What is a suspended sentence?
When a sentence is suspended, the convicted person does not go to prison, on the condition that they do not commit a new offence during a set period. If they do, the suspension can be revoked and they must serve the sentence.
The rules are in Article 80 of the Spanish Criminal Code (Código Penal).
The usual requirements
As a general rule, a judge can suspend a sentence when:
- The person is a first-time offender, with no previous criminal convictions that count.
- The prison sentence, or the total of the sentences, is no more than two years.
- The civil liability has been paid, meaning any damage caused has been repaired and compensation paid, where this applies.
The judge can also attach conditions, such as staying away from the victim, attending a programme or carrying out community work.
It is the judge's decision
The key point: suspension is discretionary. The judge or court may suspend the sentence, but does not have to. They look at the circumstances of the offence, the person's background, their behaviour after the offence and the risk of reoffending.
This means a judge can refuse suspension and order the person to prison, even for a very short sentence.
When is suspension often refused?
Courts are stricter in some types of cases, for example:
- Domestic and gender violence
- Corruption, bribery and favouritism in public administration
- Tax fraud and non-payment of taxes
In these cases, a request for suspension is frequently rejected even when the formal requirements are met.
What this means for inmates and families
If your family member faces a sentence of two years or less, the outcome is not decided by the length of the sentence alone. A good lawyer can make a big difference by:
- Preparing the request for suspension properly and on time.
- Showing that the damage has been repaired and compensation paid.
- Presenting evidence of a stable life: work, family, home and treatment if relevant.
GC Libertad can connect you with a criminal lawyer who knows how to argue for suspension. Contact us.
This article is general information, not legal advice for a specific case.
Source: GB Abogados