Suspended prison sentences in Spain

Requirements for a suspended sentence

A first offence

The person must be offending for the first time. Previous convictions for negligent offences or minor offences, cancelled records and records that are irrelevant to the risk of reoffending are not taken into account.

Up to two years

The prison sentence, or the sum of the sentences imposed, must not exceed two years, without counting the days of imprisonment for unpaid fines.

Compensation

The civil liability must have been paid or the person must undertake to pay it according to their means. The judge can also require the return of any profit obtained.

The suspension period and conditions

The judge sets a period of two to five years for less serious sentences and of three months to one year for minor ones. The judge can add conditions, such as staying away from the victim, attending an education or treatment programme, not driving or community service. In domestic violence cases, a restraining order and programme are compulsory.

Special cases

• Addiction: sentences of up to five years can be suspended if the offence was committed due to drug or alcohol dependence and the person is undergoing treatment.
• Serious illness: sentences can be suspended for people with a serious incurable illness.
• Non-habitual offenders: exceptionally, sentences can be suspended even for people with previous records, if none of the individual sentences exceeds two years and compensation is paid.

Foreign nationals

For non-EU nationals sentenced to more than one year, the judge must first consider substituting the sentence with expulsion. A suspension is an alternative that must be argued by the defence, especially for residents with roots in Spain.

Revocation

The suspension is revoked if the person is convicted of a new offence committed during the period showing that the expectation behind the suspension no longer holds, or seriously or repeatedly breaches the conditions. If not revoked, the sentence is declared remitted at the end of the period.

A practical example

A German tourist was convicted in Palma of assault causing injuries requiring stitches and sentenced to one year in prison. We paid the compensation before the judgment and showed that he had no record. The judge suspended the sentence for two years, and he went home the same day. See assault charges. More information on the firm's main website: suspension of sentences (in Spanish).