accessory penalties

  Criminal law, crimes

The accessory penalties, are criminal sanctions that function as a reprimand for criminal acts committed. Generally these penalties are based on some type of prohibition or the deprivation of some rights and are applied with other custodial penalties. 

These penalties usually accompany the main penalties, so the type of sanction or penalty depends on the main penalty. The accessory penalties They are imposed by the judge at the same time that the main sentence is handed down.

What are accessory penalties?

These are sanctions that are not expressly established for the commission of a criminal offense. This penalty depends on the main penalty in accordance with the provisions of the law and is imposed with the main penalty.

The regulation of accessory penalties is in the Penal Code in Title II corresponding to penalties. Chapter I corresponding to penalties, effects and their types, Section 1 which are penalties and their types, article 33.6. Section 5 where the accessory penalties are found, in articles 54 to 57. 

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The duration of the accessory penalty According to the provisions of article 33.6 of the Penal Code, it will be equivalent to the main penalty that it accompanies. 

Types of accessory penalties

There are two types of penalties established in the Penal Code, they are: 

Genuine grief

The only main penalty according to the current Spanish Penal Code that carries some type of accessory penalty It is the prison sentence. For this reason, this accessory penalty is called genuine penalty.

The regulation of this penalty is found in the article 55 of the Penal Code, which establishes the following: When the prison sentence is equal to or greater than ten years, it carries an absolute disqualification that will be for the duration of the sentence. Except that the accessory penalty was already established as the main penalty according to the case in question.

The Judge has the power to establish special disqualification to exercise guardianship, guardianship, parental authority, foster care or custody or shelter. Parental authority will also be deprived when the rights are directly related to the crime committed. 

When these cases occur, the existing relationship must be expressly determined in the sentence.

The regulation of this penalty for prison sentences of less than ten years is found in the article 56 of the Penal Code. This article establishes that the courts or judges will impose the accessory penalties Depending on the seriousness of the crime, some of the penalties are the following:

Special disqualification for the duration of the sentence to exercise the right to passive suffrage.

Suspension from holding public office or employment.

Special disqualification to practice profession, industry, trade, commerce, office or public employment. This disqualification will also be imposed to exercise curatorship, guardianship, parental authority, foster care or custody. 

 Disqualification from exercising parental authority, in the event that these rights have had a direct relationship with the crime committed. For these cases it must be expressly established in the sentence, but without damage that the provisions of article 579 of the Code are applied.

Sui Generis Penalties

This type of penalties consists of obligations that are added to the main penalty, but their duration does not coincide with these nor does it depend on the main penalties. The imposition of this type of penalty is the power of the judge or court and are generally additional penalties to the main ones.

The regulation of this type of accessory penalties is in the article 57 of the Penal Code:

The judge may impose in the sentence one or more prohibitions of those stipulated in article 48 of the Code. In cases of serious crimes, the prohibition will be for a maximum period of ten years. In cases of less serious crimes, the ban will be five years.

This sanction will be applied in the following crimes: 

Against freedom and moral integrity.

Injury crimes, homicide, torture and abortion.

Against family relationships, intimacy and honor. 

Trafficking in human beings.

Against sexual freedom and indemnity,

The right to the inviolability of the home and one's own image.

Against the socioeconomic order and heritage