Facing a murder accusation is one of the most difficult situations a person can experience. In Spain, the most serious crimes can be punished with the sentence of reviewable life imprisonment, an indeterminate sentence of deprivation of liberty, but subject to review. It was introduced in Spain with Organic Law 1/2015, of March 30, as a criminal response for extremely serious crimes.
What is reviewable life imprisonment?
The reviewable life imprisonment is the most severe penalty in the Spanish Criminal Code and is regulated in article 140 of the Criminal Code and is reserved for the most serious crimes, such as aggravated murder or terrorism crimes resulting in death. Although it is an exceptional measure, any person accused of a murder crime may face this penalty if they do not have a solid and well-structured defense.
Crimes that may result in reviewable life imprisonment
According to the Criminal Code, reviewable life imprisonment applies in the following cases:
- Murder of a minor under 16 years of age or a vulnerable person.
- Murder following the commission of a crime against sexual freedom.
- Murder committed by a member of a group or
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Time periods for review of the reviewable life imprisonment sentence
The review of the reviewable life imprisonment sentence is regulated in article 92 of the Criminal Code. This article establishes the requirements for the court to agree to the suspension of the execution of the sentence.
Requirements for the review of reviewable life imprisonment.
For a convicted person to be eligible for the suspension of reviewable life imprisonment, it is essential that they comply with a series of legal and penitentiary conditions:
- Completion of the minimum sentence time: Depending on the crime committed, the convict must have served between 25 years of effective imprisonment or 35 years for cases of terrorism or multiple murders, before being able to request a review of their situation.
- Access to third-degree penitentiary classification: It is necessary that the inmate has reached the semi-freedom regime, which implies having shown favorable behavior within the penitentiary center.
- Demonstration of social reintegration: The court will evaluate specialized reports that will analyze the convict’s conduct, their background, evolution in prison and their family and social circumstances.
- Cooperation with justice in terrorism crimes: In cases related to terrorism, it is required that the convicted person has shown a real disengagement from criminal activity, cooperating with authorities and expressly rejecting their ac
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Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.