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The penalty of revisable permanent prison

Introduced by the Organic Law 1/2015, March 30th

Revisable Permanent Prison Lawyers in Spain

On Permanent Reviewable Imprisonment

Spanish Criminal Code | We specialize in serious criminal punishments

 

At Palladino Pellón & Associates, our experienced and dedicated attorneys fight for the best possible outcome in your case. With over a combined 20 years of courtroom experience, we do everything we can to protect you and your future. We work hard and care deeply about achieving results for our clients.

We are well-regarded as one of the best criminal law firms in Spain, and we specialize in serious criminal punishments. Our experienced team of criminal lawyers can represent you in any Spanish court for your revisable permanent prison case. We can provide criminal law advice, assist you with a criminal appeal or provide representation and specialist advice for a criminal trial.

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...The Organic Law 1/2015, March 30th, was introduced in our country the penalty of revisable permanent prison. That penalty has already been effectively imposed by our courts on more than fifteen occasions... We are Revisable Permanent Prison Lawyers in Spain



 

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Spanish Criminal Law on Revisable Permanent Prison

Organic Act 10/1995, dated 23rd November, on the Criminal Code | Articles On Permanent Reviewable Imprisonment | We are Revisable Permanent Prison Lawyers in Spain

 

On punishments and types thereof

 

Article 33

 

1. Punishments shall be classified as serious, less serious and minor pursuant to the nature and duration thereof.

2. Severe penalties include:

a) Permanent, revisable imprisonment,

b) Imprisonment exceeding five years;

c) Absolute barring;

d) Special barring for a term exceeding five years;

e) Suspension from public employment and office for a term exceeding five years;

f) Deprivation of the right to drive motor vehicles and mopeds for a term exceeding eight years;

g) Deprivation of the right to possess and carry weapons for a term exceeding eight years;

h) Deprivation of the right to reside in specific places or to visit them, for a term exceeding five years;

i) Prohibition to approach the victim or his relatives or other persons determined by the Judge or Court of Law, for a term exceeding five years;

j) Prohibition to communicate with the victim or his relatives or other persons determined by the Judge or Court of Law, for a term exceeding five years;

k) Deprivation of parental rights.

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On punishments depriving of freedom

 

Article 35

 

Sentences depriving of freedom shall de deemed to include permanent, revisable imprisonment, imprisonment, permanent traceability and personal, subsidiary accountability for failure to pay fines. The serving thereof, as well as the prison benefits entailing the shortening of the sentence, shall comply with the provisions of the laws and of this Code.

 

Special rules for application of penalties

 

Article 76

 

1. Notwithstanding what is set forth in the preceding Article, the maximum effective sentence to be served by a convict may not exceed triple the time imposed for the most serious of the penalties incurred, declaring the others to be extinguished from when those already imposed cover that maximum, which may not exceed twenty years. Exceptionally, such maximum limit shall be:

a) Of twenty- five- years, when a convict has been found guilty of two or more criminal offences and one of them is punished with Law with a prison sentence of up to twenty years;

b) Of thirty years, when a convict has been found guilty of two or more criminal offences and one of them is punishable by Law with a prison sentence exceeding twenty years;

c) Of forty years, when a convict has been found guilty of two or more criminal offences and at least two of them are punishable by Law with a prison sentence exceeding twenty years;

d) Of forty years, when a convict has been found guilty of two or more criminal offences related to terrorist organisations and groups and criminal offences of terrorism under Section two of Chapter VII of Title XXII of Book II of this Code and any of them is punishable by Law with a prison sentence exceeding twenty years;

e) When the convict has been found guilty of two or more criminal offences and at least one of them is punished pursuant to the law with permanent, revisable imprisonment, the provisions of Articles 92 and 78 bis shall apply.

2. The limitation shall be applied, even though the penalties have been imposed in different proceedings, if such penalties have been imposed for deeds committed before those that were brought to trial that, had they been accumulated, they would have been tried first.
 

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Article 78 bis

 

1. When the convict has been convicted of two or more criminal offences and at least one is punished, pursuant to the law, with the penalty of permanent, revisable imprisonment, progression to pre-release prison treatment shall require having served:

a) a minimum of eighteen years’ imprisonment, if convicted of several criminal offences, one of them punished with permanent, revisable imprisonment and the rest with penalties that sum up to a total exceeding five years;

b) a minimum of twenty years’ imprisonment, if convicted of several criminal offences, one of them punished with permanent, revisable imprisonment and the rest with penalties that sum up to a total exceeding fifteen years;

c) a minimum of twenty-two years’ imprisonment, if convicted of several criminal offences, two or more of them punished with permanent, revisable imprisonment or one of them punished with permanent, revisable imprisonment and the rest with penalties that sum up to a total of twenty-five or more years.

2. In these cases, suspending the serving of the rest of the sentence shall require that the convict has served:

a) a minimum of twenty-five years’ imprisonment, in the cases referred to in Sub-Paragraphs a) and b) of the preceding Section;

b) a minimum of thirty years’ imprisonment, in the cases referred to in Sub-Paragraph c) of the preceding Section.

3. In the case of criminal offences related to terrorist organisations and groups and criminal offences of terrorism under Chapter VII of Title XXII of Book II of this Code, or committed within criminal organisations, the minimum requirements of sentence served to be eligible for pre-release prison treatment shall be twenty-four years’ imprisonment, in the cases referred to in Sub-Paragraphs a) and b) of Section 1, and of thirty-two years’ imprisonment, in the cases referred to in Sub-Paragraph c) of Section 1.

In these cases, the convict must have served at least twenty-eight years’ imprisonment in order to obtain suspension of serving the remaining sentence, in the cases referred to in Sub-Paragraphs a) and b) of Section 1, and thirty-five years’ imprisonment, in the cases referred to in Sub-Paragraph c) of Section 1.

 

On probation

 

Article 92

 

1. The Court of Law shall order the suspension of permanent, revisable imprisonment with the possibility of parole when the following circumstances are fulfilled:

a) That the convict has served twenty-five years of his sentence, notwithstanding the provisions of Article 78 bis for the cases regulated therein;

b) That he has attained pre-release prison treatment;

c) That the Court of Law, taking into account the personality of the convict, his record, the circumstances of the criminal offence committed, the significance of the legally-protected rights that may be affected by a repeat offence, his behaviour while serving the sentence, his family and social circumstances and the expected consequences of the actual suspension on the enforcement and fulfilment of the measures imposed, can establish the existence of a favourable assessment of social integration, upon evaluating the progress reports submitted by the prison and by those specialists determined by the Court of Law itself.

In the event that the convict has been sentenced for several criminal offences, the examination of the circumstances referred to under Sub-Paragraph c) shall be carried out by collectively assessing all of the criminal offences committed.

The Court of Law shall resolve the suspension of the penalty of permanent-revisable imprisonment with the possibility of parole after adversarial trial proceedings in which the Public Prosecutor and convict shall appear, assisted by his solicitor.

2. In the case of criminal offences related to organisations and terrorist groups and criminal offences of terrorism regulated under Chapter VII of Title XXII of Book II of this Code, it shall also be necessary for the convict to show unequivocal signs of having abandoned the ends and means of the terrorist activity and of having actively collaborated with the authorities, either to prevent other criminal offences being committed by the organisation or terrorist group, or to mitigate the effects of his criminal offence, or to identify, capture and prosecute those responsible for terrorist criminal offences, to obtain evidence, or to prevent the activities or development of the organisations or associations to which he has belonged or with which he has collaborated, which may be accredited by a specific declaration of disavowal of their criminal activities and abandoning violence, and specifically apologising to the victims of his criminal offence, as well as by means of technical reports that accredit that the convict has really cut off ties with the terrorist organisation and the environment and activities of unlawful associations and groups that surround these, and that he has collaborated with the authorities.

3. The suspension of the sentence shall have a duration of between five to ten years. The suspension period and probation shall be counted from the date that the convict is released. The rules stipulated in Paragraph 2 of Section 1 of Article 80 and in Articles 83, 86, 87 and 91 shall apply.

In view of the possible modification of the circumstances taken into consideration, the Judge or Court of Law may amend the decision adopted previously pursuant to Article 83, and impose new prohibitions, obligations or measures, modify those that have already been established or lift them.

Likewise, the Parole Board Judge shall revoke the suspension of the rest of the sentence and the probation granted in the event of a change of the circumstances leading to the suspension that makes it impossible to maintain the assessment of lack of risk on which the decision adopted was based.

4. Having served the part of the sentence referred to in Sub-Paragraph a) of Section 1 of this Article or, where applicable, in Article 78 bis, the Court of Law must verify, at least every two years, fulfilment of the rest of the probation conditions. The Court of Law shall also resolve probation requests by the convict, but it may establish a term of up to one year during which, once a request has been refused, no further requests shall be processed.

 

On manslaughter and its forms

 

Article 140

 

1. Murder shall be punished with permanent, revisable imprisonment when any of the following circumstances concurs:

1. The victim is under sixteen years of age, or is an especially vulnerable individual due to his age, illness or disability;

2. The deed takes place following a criminal offence against sexual freedom committed by the perpetrator against the victim;

3. The deed is committed by an individual belonging to a criminal group or organisation.

2. Those accused of murder, who have been convicted for the death of more than two people shall be punished with permanent, revisable imprisonment. In this case, the provisions outlined under Sub-Paragraph b) of Section 1 of Article 78 bis and under Sub-Paragraph b) of Section 2 of the same Article shall be applied.

 

On criminal offences against the Crown

 

Article 485

 

1. Whoever kills the King or Queen or the Prince or Princess of Asturias shall be punished with permanent, revisable imprisonment.

2. Whoever kills any of the ascendants or descendants of the King or Queen, the Queen consort or the Queen’s Consort, the Regent or any member of the Regency, shall be punished with a prison sentence of twenty to twenty-five years, unless otherwise punished with a more severe penalty in another provision of this Code.

Should two or more aggravating circumstances concur in the criminal offence, a prison sentence of twenty-five to thirty years shall be imposed.

3. Attempt to commit these criminal offences shall be punished with the penalty lower by one degree.
 

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Criminal offences against International Law

 

Article 605

 

1. Whoever kills a foreign Head of State, or another person internationally protected by a Treaty who is in Spain, shall be punished with permanent, revisable imprisonment.

2. Whoever were to cause the bodily harm defined in Article 149 to the persons mentioned in the preceding Section, shall be punished with a sentence of imprisonment from fifteen to twenty years.

If bodily harm foreseen in Article 150 is caused, the perpetrator shall be punished with a sentence of imprisonment from eight to fifteen years, and from four to eight years if any other injury.

3. Any other criminal offence committed against persons mentioned in the preceding Sections, or against local officers, the private residence or the means of transport of those persons, shall be punished with the penalties established in this Code for the respective criminal offences, in the upper half.

 

Criminal offences of genocide

 

Article 607

 

1. Those who, aiming to fully or partially exterminate a national, ethnic, racial, religious or specific group determined by the disability of its members, commit any of the following deeds, shall be punished:

1. With permanent, revisable imprisonment, if they were to kill any of its members;

2. With permanent, revisable imprisonment, if they were to sexually assault any of its members or cause the bodily harm foreseen in Article 149;

3. With a prison sentence of eight to fifteen years, if they were to subject the group or any of its members to conditions of existence that endanger the life or seriously affect the health thereof, or if the bodily harm foreseen in Article 150 is caused;

4. With the same punishment, if forcible transportation of the group or its members is carried out, if they adopt any measure aimed at preventing the lifestyle or procreation thereof, or if they forcibly transfer individuals from one group to another;

5. With a prison sentence of four to eight years, if they were to cause any injury other than that stated in Sub-Paragraphs 2 and 3 of this Section.

2. In all cases, special barring from engaging in a profession or trade in education, in the field of teaching, sports and free time shall be imposed for a period of time greater than the prison sentence duly imposed in the judgement by between three and five years, proportionally in view of the seriousness of the criminal offence and the circumstances of the convict.

 

On criminal offences against humanity

 

Article 607 bis

 

1. Conviction for criminal offences against humanity shall befall whoever commits the deeds foreseen in the following Section as part of a widespread or systematic attack on the civil population or against part thereof.

In all cases, committing such deeds shall be deemed a criminal offence against humanity when:

1. Due to the victim pertaining to a group or community persecuted for political, racial, national, ethnic, cultural, religious or another kind of reasons, disability, or other motives universally recognised as unacceptable under International Law;

2. In the context of an institutionalised regime of systematic oppression and domination of a racial group over one or more racial groups and with the intention of maintaining such a regime.

2. Those convicted of criminal offences against humanity shall be punished:

1. With permanent, revisable imprisonment if they cause the death of any person;

2. With a sentence of imprisonment from twelve to fifteen years if they commit rape, and from four to six years’ imprisonment if the deed were to consist of any other type of sexual assault;

3. With a sentence of imprisonment from twelve to fifteen years if the bodily harm of Article 149 were to ensue and from eight to twelve years’ imprisonment if persons are subjected to conditions of existence that endanger the life or seriously affect their health thereof, or when they are caused the bodily harm foreseen in Article 150. A sentence of imprisonment from four to eight years shall be applied if they commit the bodily harm of Article 147;

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