Sin categoríaConditional release in Spain: requirements, time thresholds and how it is processed

Conditional release is, for many prisoners and their families, the horizon that gives meaning to the entire prison itinerary. It allows the last part of the sentence to be served outside prison, under certain conditions and with the sword of Damocles of revocation. Since the 2015 reform it is configured as a form of suspension of the execution of the remainder of the sentence, which has relevant practical consequences worth knowing. We explain who can access it, within what periods and how it is processed.

What it is and where it is regulated

Conditional release is governed by Articles 90 et seq. of the Criminal Code and by prison legislation. The person enjoying it has not extinguished their sentence: they continue serving it in liberty, subject to a suspension period and, where applicable, rules of conduct. It is granted by the Prison Supervision Judge, who decides upon the prisoner’s request and with the reports of the prison’s Treatment Board.

General requirements

The ordinary regime demands three cumulative conditions: being classified in the third (open) prison degree, having served three quarters of the sentence and having displayed good conduct. On this basis, the judge weighs the prisoner’s personality, their record, the circumstances of the offence, the importance of the legal interests that could be affected by reoffending, their conduct while serving the sentence, their family and social circumstances and the effects of the suspension. In property offences and in those with civil liability, the satisfaction of that liability, or a serious effort to repair it, is a central element of the decision.

Accelerated forms and special cases

Alongside the general regime there are forms that bring access forward. Conditional release at two thirds of the sentence is reserved for those who have continuously carried out work, cultural or occupational activities. On that basis, a further advance of up to ninety days per year actually served is possible, if the prisoner also proves effective and favourable participation in victim reparation or treatment programmes. There is also a privileged regime for first-time offenders sentenced to up to three years, who can gain access having served half the sentence, although certain offences are excluded from this benefit. Finally, the law provides for humanitarian cases for prisoners over seventy or seriously ill with incurable conditions, where the periods yield to reasons of dignity.

Key points: without the third degree there is no conditional release; the ordinary threshold is three quarters of the sentence (two thirds or half under the special regimes); and time spent on conditional release is no longer deducted from the sentence if it is revoked.

The procedure step by step

The file begins at the prison: the Treatment Board submits to the Supervision Judge the file with the social reintegration prognosis, the individualised programme and the technical reports. The prisoner, assisted by their lawyer, can submit their own documentation: a job offer, family ties, treatment reports, a plan of life in liberty and proof of payment or of a payment plan for the civil liability. The Public Prosecutor reports, and the judge decides by order, setting a suspension period of two to five years (never shorter than the outstanding part of the sentence) and, where appropriate, prohibitions and duties: appearances, a prohibition on approaching the victim, training or treatment programmes, among others. A refusal can be challenged through reconsideration and appeal.

Revocation: what is at stake

Conditional release is revoked if the person commits an offence during the suspension period in a way that shows the prognosis of dangerousness has changed, or if they seriously and repeatedly breach the conditions imposed. The consequence of the 2015 reform is severe: once the suspension is revoked, the person returns to prison and the time spent on conditional release does not count as time served. It is a paradigm shift from the previous system that obliges the conditions set in the order to be taken very seriously.

Conclusion

Conditional release is neither automatic nor an act of grace: it is the result of a well-prepared prison itinerary, in which progression to the third degree, conduct, reparation to the victim and a solid life plan are decisive. Preparing the file in advance and with specialised legal assistance frequently makes the difference between grant and refusal. This article is for information purposes and does not replace professional advice on a specific case.

Related: suspension of prison sentences, prison degrees and leave FAQ and security measures and supervised release.