1. The security measures will be applied by the Judge or Court, following the reports he deems appropriate, to the people who are in the cases provided for in the following chapter of this Code, provided that these circumstances occur:
- That the subject has committed an act foreseen as a crime.
- That a forecast of future behavior can be deduced from the fact and personal circumstances of the subject that reveals the probability of committing new crimes.
2. When the penalty that could have been imposed for the crime committed is not custodial, the judge or sentencing court may only agree to one or some of the measures provided for in article 96.3.
art 95 cp
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Article 95 of Penal Code Spanish refers to the application of security measures.