Parole is a privilege granted to an inmate for good behavior. This means that the length of their sentence is reduced, but it can only be applied to the final portion of the sentence they were required to serve for their crimes.
In all cases, parole is granted by the Probation Judge, who is the only one authorized to suspend the sentence of any inmate, in accordance with the provisions of the law.
The law providing for this benefit sets forth certain conditions under which this legal procedure may be carried out; however, it was recently amended, giving rise to a new system for revoking parole that may be more or less favorable to the individual concerned.
What Does the New System for Revoking Freedom Entail?
Organic Law 1/2015 of March 30, reforming the Penal Code (CP), unified the system for the suspension of sentences, such that probation ceased to be a separate category and became a form of such suspension.
At the same time, this amendment undermines its status as the final stage of the correctional system, which had been established in Article 72.1 of Organic Law 1/1979 on the General Correctional System, dated September 26
In other words, parole will no longer be a form of sentence enforcement but will instead be considered a suspension of the sentence; however, for this to occur, the inmate must first serve a portion of their sentence, which can range from half to three-quarters of the total sentence.
If, during this period of suspension, the convicted person maintains good behavior and does not commit any crime, the remaining portion of the sentence will be deemed to have been served.
Otherwise, if the individual commits serious violations of the imposed conditions or commits crimes of any kind, his or her early release will be revoked, and he or she will be required to serve the entire remaining sentence, without the time already served being credited toward the suspension.
New grounds for revocation of probation
Under the new reforms, probation now has the legal character of a suspension, in accordance with the current Article 90.5 of the Penal Code, which also states that the provisions contained in Articles 83, 86, and 87 of the Penal Code remain applicable.
Thus, probation will be revoked under the following circumstances set forth in subsections (a), (b), and (c) of Article 86.1:
- a) The released person is convicted of a crime committed during the suspension of his or her sentence, thereby rendering the expectation on which the release was granted no longer valid.
- (b) The released person seriously or repeatedly fails to comply with the obligations required for his or her release, as set forth in Article 83 of the Penal Code.
- (c) The released person seriously or repeatedly fails to comply with the obligations required for his or her release, as set forth in Article CP.84 CP.
Furthermore, the possibility of revocation remains in cases where a breach of the prison treatment program is found, or where there is a risk that the behavioral requirements for the released inmate—which were considered in Supreme Court Ruling 425/2022 of April 29, issued by the Second Chamber— as necessary for their social reintegration.
Even so, the reform adds two new grounds for revoking probation that had not been established previously, namely:
- a) If the released person evades the supervision of the prison administration’s services responsible for the management of sentences and alternative measures, in accordance with Article 86.1.b of the Penal Code
- b) If the released person demonstrates a change in circumstances that makes it impossible to maintain the “assessment” of non-dangerousness on which their conditional release was based, pursuant to Article 90.5 of the Penal Code.
Thus, the new parole reform may be beneficial for inmates who demonstrate exemplary behavior; however, more serious offenses could result in the revocation of their parole.
