Convicted of a crime in Spain
If you break the law in Spain for some reason, it is inevitable that you will be punished. Spanish law provides that the offender can apply for a suspension of the sentence as long as certain conditions are met.
What is a sentence suspension?
Suspended sentence (sometimes known as probation) means that even if an offender is convicted of a crime and is going to jail, the sentence will not be enforced, as long as certain conditions are met.
Can I apply for probation?
The Spanish Criminal Code states that the following conditions must be met to apply for a suspended sentence:
-The person is a first-time offender, which means that he or she must not have a criminal record. If the person has a previous conviction, then he or she cannot apply for probation.
-The crime committed by the person cannot be a serious crime. Probation can be applied for as long as the sentence is not more than 2 years in prison.
-The offender must compensate the victim. If the person has caused financial loss or injury to the victim, then he or she must pay a compensation in accordance with the amount provided by law, and may apply for probation only if the payment is satisfied.
Probation period
The law states that during the probation period, the person must keep good conduct, which means that during this period the person cannot commit another crime. If another crime is committed, then both crimes are punished together.
The probation period is generally 2 years, although it depends on the person’s circumstances and may be increased for individual reasons. As long as no further crimes are committed during this period, then the person is considered to have completed his or her sentence. After a period from sentence completion, you can officially cancel the criminal record.
