Article 87 Spanish Criminal Code: final remission of suspended sentences

Article 87 of the Spanish Criminal Code closes the suspension regime: once the suspension period has elapsed without revealing reoffending and the conduct rules have been sufficiently observed, the court orders remission of the sentence. In drug-related suspensions it further requires proof of rehabilitation or continued treatment.

Wording of Article 87 of the Spanish Criminal Code

Conditions for remission

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

Defence strategy

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.

• Article 80: suspended sentences
• Article 21: mitigating circumstances
• Prison law and sentence enforcement lawyer
• Spanish Criminal Code article by article

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.