Article 87 Spanish Criminal Code: final remission of suspended sentences

Frequently asked questions

What effect does the application of Article 87 of the Spanish Criminal Code produce?

Remission definitively extinguishes the suspended sentence. Under Article 80(5), failure to prove treatment leads to service of the sentence, save a reasoned extension of up to two years.

What conditions does Article 87 of the Spanish Criminal Code set for its application?

The full elapse of the suspension period set under Article 81. No subsequent offence revealing that the expectation underlying the suspension cannot stand. Sufficient compliance with the conduct rules imposed. In Article 80(5) suspensions, proof of rehabilitation or of continued treatment.

What defence strategy applies to a charge under Article 87 of the Spanish Criminal Code?

Applying promptly for remission. Once the period has run, remission and the subsequent cancellation of records should be sought at once, so the case does not linger open in enforcement. Qualifying the later offence. Not every later offence revokes: the law requires it to show the expectation has failed. A minor, negligent or unrelated offence is open to argument. Documenting the treatment. Under Article 80(5), centre reports proving adherence and progress are the core evidence; partial relapses support requesting the two-year extension instead of enforcement. Contesting rule breaches. The law demands sufficient, not perfect, compliance. Isolated and justified breaches of conduct rules should not block remission.

Is the English text of Article 87 of the Spanish Criminal Code official?

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.