The suspension of the custodial sentence
The suspension of the custodial sentence is a benefit that the Administration of Justice can grant to the person who has been sentenced to prison for the commission of a crime when certain circumstances are met. The suspension consists of the convicted person not entering prison. The possibility of suspending the custodial sentence is contemplated in article 80 et seq. of the Penal Code . We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US When can you request the suspension of the custodial sentence? The necessary requirements to be able to access this benefit are: It must be the first time that the convicted person has committed a crime. Previous convictions for minor crimes or reckless crimes will not be taken into account . Criminal records that are canceled or susceptible to cancellation will not be taken into account , nor will records for crimes of a different nature that do not allow assessing the probability of reoffending in the future.
The custodial sentence imposed or the sum of the sentences (if there are several) does not exceed two years . This period of time will not include the periods that have been established for payment of fines . The convicted person must pay the entire amount that corresponds to them as civil liability . This requirement is also understood to be fulfilled when the person who has been convicted assumes the commitment to satisfy civil liability progressively, in accordance with his or her economic capacity, within the period prudently determined by the judicial authority. The fact that the convicted DM Databases person complies with these conditions does not guarantee that the custodial sentence will be suspended. The judge will also take into account other factors such as: the circumstances in which the crime was committed, the personal situation of the accused, the conduct that has prevailed in his life, and his criminal record, to verify that he has not committed a crime of the same nature before. Article 80 CP provides for exceptional cases of suspension of entry into prison .
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Without the intention of analyzing each of them, the truth is that special rules apply to agree to the suspension of entry into prison in the following cases: drug addicts, people suffering from serious and incurable illnesses or individuals with personal circumstances that recommend suspension, paying special attention to their efforts to repair the damage caused by their criminal activity. How is the suspension of the custodial sentence granted? The suspension of the custodial sentence is a benefit that the administration of justice can grant to what is called a “ primary offender .” On some occasions it can be granted to a convicted person who has previously committed a crime, if they are different crimes. A judge may also, taking into account the personal, family and social circumstances of a convicted person, grant the suspension of the custodial sentence for exceptional reasons, if he or she considers that there are positive factors that allow this exception to be made and provided that the convicted person makes an effort.
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