Article 90 Spanish Criminal Code: Suspension of the remainder of the sentence and release on licence

1. The prison supervision judge shall order the suspension of the execution of the remainder of the term of imprisonment and shall grant release on licence to the convicted person who meets the following requirements:

a) That the person be classified in the third degree.

b) That the person have served three quarters of the sentence imposed.

c) That the person have displayed good conduct.

In order to decide upon the suspension of the execution of the remainder of the sentence and upon the grant of release on licence, the prison supervision judge shall assess the personality of the convicted person, the criminal record, the circumstances of the offence committed, the significance of the legal interests which might be affected by a repetition of the offence, the conduct during the service of the sentence, the family and social circumstances, and the effects which may be expected from the suspension itself and from compliance with the measures which may be imposed.

The suspension shall not be granted where the convicted person has not satisfied the civil liability arising from the offence in the cases and in accordance with the criteria laid down in paragraphs 5 and 6 of Article 72 of Organic Act 1/1979 of 26 September, on Prisons.

2. The suspension of the execution of the remainder of the sentence may also be ordered, and release on licence granted, to convicted persons who meet the following requirements:

a) That they have served two thirds of their sentence.

b) That during the service of their sentence they have carried on occupational, cultural or vocational activities, either continuously or with a benefit from which a relevant and favourable modification of those of their personal circumstances connected with their previous criminal activity has resulted.

c) That they establish compliance with the requirements referred to in the preceding paragraph, save that of having served three quarters of their sentence.

On a proposal of the prison authorities, and after a report from the public prosecutor and from the other parties, once the circumstances of subparagraphs (a) and (c) of the preceding paragraph are met, the prison supervision judge may, once one half of the sentence has been served, bring forward the grant of release on licence in relation to the period provided for in the preceding paragraph, by up to a maximum of ninety days for each year of effective service of the sentence which has elapsed. That measure shall require that the convicted person have carried on continuously the activities indicated in subparagraph (b) of this paragraph and establish, in addition, effective and favourable participation in programmes of reparation to the victims or in programmes of treatment or detoxification, as the case may be.

3. Exceptionally, the prison supervision judge may order the suspension of the execution of the remainder of the sentence and grant release on licence to convicted persons in respect of whom the following requirements are present:

a) That they are serving their first sentence of imprisonment and that it does not exceed three years in duration.

b) That they have served one half of their sentence.

c) That they establish compliance with the requirements referred to in paragraph 1, save that of having served three quarters of their sentence, and with that laid down in subparagraph (b) of the preceding paragraph.

This regime shall not be applicable to persons convicted of the commission of an offence against sexual freedom and integrity.

4. The prison supervision judge may refuse the suspension of the execution of the remainder of the sentence where the convicted person has given inaccurate or insufficient information as to the whereabouts of assets or objects the confiscation of which has been ordered; does not comply, in accordance with capacity, with the undertaking to pay the civil liabilities to which that person has been sentenced; or supplies inaccurate or insufficient information as to assets, in breach of the obligation imposed by Article 589 of the Code of Civil Procedure.

The judge may also refuse the suspension of the execution of the remainder of the sentence imposed for any of the offences provided for in Title XIX of Book II of this Code, where the convicted person has evaded compliance with the pecuniary liabilities or with the reparation of the economic harm caused to the public administration to which that person has been sentenced.

5. In cases of suspension of the execution of the remainder of the sentence and of the grant of release on licence, the rules contained in Articles 83, 86 and 87 shall be applicable.

The prison supervision judge may, in the light of any modification of the circumstances assessed, modify the decision previously adopted under Article 83, and order the imposition of new prohibitions, duties or obligations, the modification of those already ordered or their lifting.

Likewise, the prison supervision judge shall revoke the suspension of the execution of the remainder of the sentence and the release on licence granted where a change in the circumstances which gave rise to the suspension comes to light which no longer permits the prognosis of absence of dangerousness upon which the decision adopted was founded to be maintained.

The period of suspension of the execution of the remainder of the sentence shall be from two to five years. In all cases, the period of suspension of the execution and of release on licence may not be shorter than the duration of the part of the sentence remaining to be served. The period of suspension and of release on licence shall be computed from the date of the release of the convicted person.

6. The revocation of the suspension of the execution of the remainder of the sentence and of the release on licence shall give rise to the execution of the part of the sentence remaining to be served. The time spent on release on licence shall not be counted as time served under the sentence.

7. The prison supervision judge shall decide of its own motion upon the suspension of the execution of the remainder of the sentence and the grant of release on licence at the request of the convicted person. Where the request is not granted, the judge or court may fix a period of six months, which may with reasons be extended to one year, until the claim may be brought again.

8. In the case of persons convicted of offences committed within criminal organisations or of any of the offences regulated in Chapter VII of Title XXII of Book II of this Code, the suspension of the execution of the remainder of the sentence imposed and the grant of release on licence require that the convicted person display unequivocal signs of having abandoned the ends and the means of terrorist activity and have actively cooperated with the authorities, whether in order to prevent the commission of further offences by the terrorist organisation or group, or in order to mitigate the effects of the offence, or in order to identify, apprehend and prosecute those responsible for terrorist offences, to obtain evidence or to prevent the action or development of the organisations or associations to which that person has belonged or with which that person has cooperated, which may be established by an express declaration of repudiation of the criminal activities and of abandonment of violence and an express request for the forgiveness of the victims of the offence, as well as by technical reports establishing that the prisoner is genuinely disengaged from the terrorist organisation and from the environment and activities of the unlawful associations and groups which surround it, and the cooperation with the authorities.

Paragraphs 2 and 3 shall not be applicable to persons convicted of the commission of any of the offences regulated in Chapter VII of Title XXII of Book II of this Code or of offences committed within criminal organisations.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.