Article 78 bis of the Penal Code

  Penal Code

1. When the subject has been convicted of two or more crimes and, at least, one of them is punishable by law with the penalty of reviewable permanent imprisonment, progression to third grade will require compliance:

  • of a minimum of eighteen years in prison, when the convicted person has been convicted for several crimes, one of which is punishable by a reviewable permanent prison sentence and the rest of the sentences imposed add up to a total that exceeds five years.
  • of a minimum of twenty years in prison, when the convicted person has been convicted for several crimes, one of which is punishable by a reviewable permanent prison sentence and the rest of the sentences imposed add up to a total that exceeds fifteen years.
  • of a minimum of twenty-two years in prison, when the convicted person has been convicted for several crimes and two or more of them are punishable with a reviewable permanent prison sentence, or one of them is punished with a reviewable permanent prison sentence and the rest of the sentences imposed add up to a total of twenty-five years or more.

2. In these cases, the suspension of the execution of the rest of the sentence will require that the prisoner has extinguished:

  • A minimum of twenty-five years in prison, in the cases referred to in letters a) and b) of the previous section.
  • A minimum of thirty years in prison in letter c) of the previous section.

3. In the case of crimes related to terrorist organizations and groups and terrorist crimes of Chapter VII of Title XXII of Book II of this Code, or committed within criminal organizations, the minimum compliance limits for access to the third degree of classification will be twenty-four years in prison, in the cases referred to in letters a) and b) of the first section, and thirty-two years in prison in letter c) of the first section.

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In these cases, the suspension of the execution of the rest of the sentence will require that the convict has extinguished a minimum of twenty-eight years in prison, in the cases referred to in letters a) and b) of the first section, and thirty-five years in prison in the case of letter b)(*) of the first section.

art 78 bis cp

Article 78 bis of the Penal Code Spanish refers to the necessary conditions for the development of the third grade for the convict when you are sentenced with reviewable permanent imprisonment. In addition, the assumptions that must be given for the suspension of the sentence are established.