The provision contains one of the institutions of greatest practical importance at the enforcement stage, since its correct application frequently produces a very substantial reduction in the actual time spent in custody. Its basis lies in the principles of proportionality and rehabilitation of article 25.2 of the Spanish Constitution, and its substantive content belongs to article 76 of the Criminal Code, which sets the threefold rule and the absolute caps of twenty, twenty-five, thirty and forty years. The case law of the Second Chamber has markedly relaxed the connection test, replacing the examination of material connection with a purely chronological one.
Also cited as: article 988 Spanish Criminal Procedure Act · art. 988 LECrim · LECrim article 988 · artículo 988 de la Ley de Enjuiciamiento Criminal.
Where a judgment is final under article 141 of this Act, the court that delivered it shall so declare.
Once that declaration is made, the judgment shall be enforced even if the convicted person is subject to other proceedings, in which case he shall be brought, where necessary, from the prison where he is serving his sentence to the place where the pending case is being investigated.
Where a person guilty of several offences has been convicted in separate proceedings for facts that could have been the subject of a single case, under article 17 of this Act, the court that delivered the last judgment shall, of its own motion or at the request of the public prosecutor or of the convicted person, set the limit on the service of the sentences imposed in accordance with article 76 of the Criminal Code. To that end, the court clerk shall request the criminal record sheet from the Central Register of Convicted Persons and certified copies of the convictions and, after the opinion of the public prosecutor where he is not the applicant, the court shall issue an order listing all the sentences imposed and determining the maximum term to be served. The public prosecutor and the convicted person may lodge a cassation appeal for error of law against that order.
Consolidated text published by the Spanish Official State Gazette, Royal Decree of 14 September 1882 approving the Criminal Procedure Act. Unofficial English rendering; the Spanish text is the authentic one.
| Location | Book VII of the Criminal Procedure Act, on the enforcement of judgments |
|---|---|
| Substantive rule | Article 76 of the Criminal Code, setting the threefold rule and the absolute caps |
| Competent court | The court that delivered the last judgment |
| Standing | Of the court’s own motion, at the request of the public prosecutor or of the convicted person |
| Mandatory documents | Criminal record sheet and certified copies of the convictions |
| Procedure | Opinion of the public prosecutor where he is not the applicant |
| Appeal | Cassation for error of law, available to the public prosecutor and the convicted person |
| Current wording | Article 2.150 of Act 13/2009 of 3 November, as to the third paragraph |
Apply for aggregation on the lawyer’s initiative. It is unwise to wait for the court to act. The defence should initiate the file before the court that delivered the last judgment, attaching a list of the known cases and judgments.
Request the complete criminal record sheet. Omission of a conviction from the record sheet frustrates the aggregation. Its completeness should be verified and any gaps corrected.
Propose the most favourable combination. Where several blocks are possible, the defence should calculate every hypothesis and argue for the one producing the lowest maximum term.
Appeal in cassation. The order may be challenged in cassation for error of law. This is the route for correcting the improper exclusion of a conviction or an erroneous calculation of the article 76 limit.
Renew the application after new convictions. The absence of res judicata allows a fresh aggregation to be sought where judgments for earlier facts appear or where the case law changes.
Defence in this area
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
It is the procedure by which a maximum combined term is set for several sentences imposed in separate proceedings, under article 76 of the Criminal Code, avoiding the arithmetical addition of all the sentences.
The convicted person, the public prosecutor, or the court of its own motion. The application is made to the court that delivered the last judgment.
Under the settled chronological test, those imposed for facts committed before the date of the earliest of the judgments being aggregated, whatever the nature of the offences.
Yes. Both the public prosecutor and the convicted person may lodge a cassation appeal for error of law against the order setting the maximum term.
Yes. The order does not have the force of res judicata, so the application may be renewed where new judgments for earlier facts appear or where a change in case law allows a more favourable combination.