PENALTY SUSPENSION

I-INTRODUCTION.

The Judge is entitled to agree the suspension of the penalty when the convicted has some requirements established in the Spanish Criminal Code.

When the penalty should have been suspended, the convict will not enter in prison.

The suspension of the penalty is something the Judge can freely decide, what means that although the requirements for suspension should exist the Judge can decide not to suspend the penalty. Bur decision must always be argued, and is subject of appeal in Audiencia Provincial.

What usually happens is that the Judge agrees the suspension, when requirements are fulfilled.

We refer to suspension from prison. This is not the case of other penalties, such as fine or community works.

II-GENERAL REQUIREMENTS.

They are the following :

-a-Subjective requirements ; among them :

-a0-The Judge will consider :

-a0a-Circumstances of the offence.

-a0b-Personal circumstances of the person found guilty.

-a0c-Criminal records.

-a0d-Subsequent behaviour to the facts.

-a0e-Effort to repair the damage.

-a0f-Family and social circumstances.

-a0g-Effects to be expected from the suspension.

-a0h-Effects to be expected from accomplishment of measures imposed.

-b-Objective requirements-It is required :

-b1-That the convicted person had committed an offence for the first time. Will not be considered other condemnations for petty offences or reckless offences, nor also cancelled criminal records or should have been.

They will usually also not be considered criminal records referring offences that by its nature or circumstances, should not be relevant to consider the probability of future offences.

-b2-That the penalty, or the sum of penalties should not be superior to 2 years., excluding the penalty derived from unpaid fine.

-b3-Civil liability derived from offence should have been already paid. This requirement should be understood to be accomplished when convicted person acquires compromise of paying considering his possibilities, and should be reasonable to think the accomplishment of it.

III-INTRODUCTION TO ESPECIFIC CASE OF SUSPENSION.

Case of convicted that should commit the offence, because of dependence from alcohol, drugs, or similar.

In this case :

-a-The Judge or Tribunal will eventually agrees the suspension of penalties not superior to 5 years to the convicts, as far as is credited that the convict is free from drugs influence, or under treatment until he is free from drugs.

-b-Suspension will have as condition that convicted cannot abandon treatment until he is cured.

IV-TEMPORAL REQUIREMENT

The Judge will decide the term of suspension, therefore :

-a-The claimant cannot commit any other offence until the term is elapsed.

-b-Provided the case the convict commits another offence, suspension will be over, and the convicted will be obliged to accomplish the imposed penalty and the new penalty from the second offence.