Alternatives to Imprisonment in the Spanish Criminal Justice System - The Current Situation and Outlooks for the Future (From Papers on Crime Policy, 2, P 177-194, 1986, Panu Minkkinen, ed. - See NCJ-104066)

• NCJ Number: 104074
• Author(s): B delRosal
• Date Published: 1986
• Length: 18 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Finland
• Note: For microfiche, see NCJ-104066.

Annotation

Under the current Spanish correctional system, the Penal Code specifies only one alternative to imprisonment: the suspended or conditional sentence.

Abstract

This noncustodial measure was introduced in 1908 as a remedy for prison overcrowding. Under the Code, the court in some cases may, in others must, order that the sentence is not to take effect unless the offender commits another offense during a specified period (2 to 5 years). While courts always grant a conditional sentence when the legal requirements are met, a lack of data make an evaluation of this alternative impossible. However, the measure has not served its purpose of reducing prison overcrowding. Despite this situation, the outlook for the future is improving. The 1983 draft of the new penal code broadens the conditions under which a conditional sentence may and must be granted. It also permits suspension of a sentence at the express request of the crime victim and sets conditions under which weekend inprisonment may be imposed in lieu of regular incarceration. While the proposed reforms are an improvement over existing law, a number of problems remain. These include a failure to differentiate between the purposes of conditional and suspended sentences, a failure to introduce probation, and a lack of consideration of community service as an alternative to imprisonment. 36 notes.