1. Prison sentences of more than one year imposed on a foreign citizen will be replaced by their expulsion from Spanish territory. Exceptionally, when it is necessary to ensure the defense of the legal order and restore confidence in the validity of the norm infringed by the crime, the judge or court may order the execution of a part of the sentence that may not exceed two thirds of its extension, and the replacement of the rest by the expulsion of the prisoner from Spanish territory. In any case, the rest of the sentence will be replaced by the expulsion of the prisoner from Spanish territory when he reaches the third degree or is granted the conditional freedom.
2. When a sentence of more than five years in prison has been imposed, or several sentences that exceed that duration, the judge or court will order the execution of all or part of the sentence, to the extent that it is necessary to ensure the defense of the legal order and restore confidence in the validity of the rule violated by the crime. In these cases, the execution of the rest of the sentence will be replaced by the expulsion of the prisoner from Spanish territory, when the prisoner completes the part of the sentence that has been determined, accesses the third degree or is granted probation.
3. The judge or court will resolve in a sentence on the substitution of the execution of the penalty whenever this is possible. In all other cases, once the finality of the sentence has been declared, it will be pronounced with the utmost urgency, after hearing the Prosecutor and the other parties, on the granting or not of the substitution of the execution of the sentence.
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We have a wide network of collaborating lawyers in all Spain.4. The substitution will not proceed when, in view of the circumstances of the fact and the personal circumstances of the author, in particular his roots in Spain, the expulsion is disproportionate.
The expulsion of a citizen of the European Union will only proceed when he represents a serious threat to public order or public safety in view of the nature, circumstances and seriousness of the crime committed, his background and personal circumstances.
If he had resided in Spain during the previous ten years, the expulsion will proceed when, in addition:
a) Has been convicted of one or more crimes against life, liberty, physical integrity and sexual liberty and indemnity punishable by a maximum prison sentence of more than five years and there is a well-founded appreciation of a serious risk that he may commit crimes of the same nature .
b) Has been convicted of one or more crimes of terrorism or other crimes committed within a criminal group or organization.
In these cases, the provisions of section 2 of this article shall apply in all cases.
5. The foreigner may not return to Spain within a period of five to ten years, counted from the date of his expulsion, taking into account the duration of the substituted sentence and the personal circumstances of the prisoner.
6. The expulsion will carry with it the file of any administrative procedure that had as its object the authorization to reside or work in Spain.
7. If the expelled foreigner returns to Spain before the judicially established period of time has elapsed, he will serve the sentences that were replaced, unless, exceptionally, the judge or court reduces their duration when compliance is unnecessary to ensure the defense of order. law and restore confidence in the Legal standard infringed by the crime, considering the time elapsed since the expulsion and the circumstances in which the breach occurred.
However, if you are surprised at the border, you will be expelled directly by the government authority, starting to calculate the period of entry prohibition again in its entirety.
8. When, when expulsion is agreed in any of the cases provided for in this article, the foreigner is not found or is not effectively deprived of liberty in execution of the sentence imposed, the judge or court may decide, in order to ensure the expulsion, their entry into a foreign detention center, under the terms and with the limits and guarantees provided by law for government expulsion.
In any case, if the substitution of the custodial sentence for expulsion has been agreed, and this cannot be carried out, the sentence originally imposed or the period of the pending sentence will be executed, or the application, if applicable, of the suspension of its execution.
9. The penalties that have been imposed for the commission of the crimes referred to in the articles will not be substituted. 177a, 312, 313 and 318a.
art 89 cp
Article 89 of the Penal Code Spanish is found in the section corresponding to the suspension of the execution of custodial sentences, within Chapter III of Title III, of penalties.
- Penal Code
- BOOK I: General provisions on crimes, responsible persons, penalties, security measures and other consequences of the criminal offense
- Title III: Of the penalties
- Chapter III: Of the substitute forms of the execution of custodial sentences and probation
- Section I: Of the substitution of custodial sentences
- Article 88 (Deleted)
- Article 89
- Section I: Of the substitution of custodial sentences
- Chapter III: Of the substitute forms of the execution of custodial sentences and probation
- Title III: Of the penalties
- BOOK I: General provisions on crimes, responsible persons, penalties, security measures and other consequences of the criminal offense