Article 92 of the Penal Code

  Penal Code

1. The court will agree to suspend the execution of the sentence of reviewable permanent imprisonment when the following requirements are met:

a) That the convicted person has served twenty-five years of his sentence, without damage of the provisions in the article 78 bis for the cases regulated therein.

b) That it is classified in third grade.

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c) That the court, in view of the personality of the convicted person, his background, the circumstances of the crime committed, the relevance of the legal assets that could be affected by a repetition of the crime, his conduct during the fulfillment of the sentence, their family and social circumstances, and the effects that can be expected from the suspension of the execution itself and compliance with the measures that were imposed, can be founded, after evaluating the progress reports sent by the penitentiary center and by those specialists that the The court itself determines the existence of a favorable prognosis for social reintegration.

In the event that the person has been convicted for several crimes, the examination of the requirements referred to in letter c) will be carried out by evaluating all the crimes committed as a whole.

The court will decide on the suspension of the permanent, reviewable prison sentence after a contradictory oral procedure in which the Public Prosecutor's Office and the convicted person, assisted by his lawyer, will intervene.

2. If these are crimes referring to terrorist organizations and groups and terrorism crimes of Chapter VII of Title XXII of Book II of this Code, it will also be necessary for the convicted person to show unequivocal signs of having abandoned the purposes and means of the activity. terrorist and has actively collaborated with the authorities, either to prevent the production of other crimes by the terrorist organization or group, or to mitigate the effects of its crime, or to identify, capture and prosecute those responsible for terrorist crimes, to obtain evidence or to prevent the actions or development of the organizations or associations to which he has belonged or with which he has collaborated, which may be proven by an express declaration of repudiation of his criminal activities and abandonment of violence and a petition expresses forgiveness to the victims of his crime, as well as for the technical reports that prove that the prisoner is truly disconnected from the terrorist organization and the environment and activities of illegal associations and groups that surround it and his collaboration with the authorities.

3. The suspension of execution will last from five to ten years. The suspension period and conditional freedom It will be computed from the date of release of the convicted person. The rules contained in the second paragraph of section 1 of the article 80 and in the articles 83, 86, 87 and 91.

The judge or court, in view of the possible modification of the circumstances assessed, may modify the decision that it had previously adopted in accordance with article 83, and agree to the imposition of new prohibitions, duties or benefits, the modification of those that had already been agreed upon, or their lifting.

Likewise, the prison surveillance judge will revoke the suspension of the execution of the rest of the sentence and the conditional release granted when a change in the circumstances that would have given rise to the suspension becomes evident that no longer allows maintaining the prognosis of lack of danger on which the decision was based.

4. Once the part of the sentence referred to in letter a) of section 1 of this article or, where applicable, in article 78 bis has expired, the court must verify, at least every two years, compliance with the rest of the sentences. parole requirements. The court will also resolve requests for the granting of conditional release of the convicted person, but may set a period of up to one year within which, after a request has been rejected, new requests will not be processed.

art 92 cp

Article 92 of Penal Code Spanish refers to the requirements that enable the suspension of the execution of the reviewable permanent prison sentence. In the following sections the special condition is established for crimes of terrorism or the duration of the suspension.

  • 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