The reviewable permanent prison It is the maximum prison sentence contemplated in the Spanish Penal Code and was approved in March 2015. This is applied only when the crime meets some of the assumptions established by law and is a sentence indefinitelysubject to revision over time.
is the maximum custodial sentence established in Spain and therefore, it is reserved for extremely serious cases. This does not establish a limit of years for the prisoner to regain his freedom, it is an indefinite sentence and only the possibility of reviewing the case is offered years after the application of the penalty.
With this penalty, the aim is to prevent the most dangerous criminals for society from reinserting themselves into society without first having shown a real change in their behavior. The recovery of this freedom is based on strict conditions, as it is reserved for the most serious crimes.
When is the maximum prison sentence applied in Spain?
In order to apply the reviewable permanent prison to an offender, the crime committed must fit within the eight assumptions established by law, which determine that a crime is extremely serious. If one of the established assumptions is met, the application of the maximum penalty to the author will be justified:
When the victim is under 16 years of age or is a particularly vulnerable person for reasons of age, illness or disability. A murder committed after a crime against sexual freedom. In cases of multiple murders. In crimes committed by members of a criminal or terrorist organization. Homicides against the Crown. Murder of a foreign head of state on national soil or of another person internationally protected by a Treaty. Crimes of genocide or crimes against humanity.
When can the prisoner be released?
«The custodial sentences and the security measures will be oriented towards reeducation and social reintegration and may not consist of forced labour.» Thus, article 25 of the Spanish Constitution establishes the objective of applying a sentence after a crime. Therefore, even the maximum sentence in Spain establishes a review of the case to be able to suspend the sentence whenever specific events occur.
Article 92 of the Penal Code establishes that so that the reviewable permanent prison sentence can be suspendedthe following situations must occur:
The prisoner must have fulfilled a minimum of 25 years in prison.
That already has the third degree. that there is a favorable prognosis on its insertionbased on various elements such as favorable reports, background or conduct during the sentence served.
In Spain, being able to get that favorable prognosis to suspend the sentence is complicated, because the conditions are strict. Of all the European countries that contemplate a reviewable permanent prison sentence in their law, Spain is one of those that applies tougher review assumptions for prisoners who want to re-enter society.