NCJ Number
126710
Date Published
1988
Length
10 pages
Annotation
The article explains how the Spanish penal system is responding to the international trend of reducing sentences and alternatives to incarceration.
Abstract
Two important methods of reducing prison sentences -- avoiding short prison sentences and reducing the maximum duration of prison sentences -- are also making their way in the Spanish criminal justice system. Although the origins of the Spanish penal code (the codes of 1848 and 1870) list incarceration as the predominant punishment, the laws of 1908 and 1944 introduced and increased the use of suspended sentences and parole. In contemporary legislation, Spain has not resorted to unconventional alternative punishments; instead, a sentence may be suspended if the prison term does not exceed one year and if the convict is a first-time offender. The proposals for a new Spanish penal code of 1980 and 1983 are more assertive in providing for alternatives to incarceration: week-end prison sentences would allow offenders to lead normal lives during the week, the payment of a fine for each day not spent in prison, and the total abolishment of prison terms of less than six months. The same proposals maintain that current maximum prison terms of over 20 years are -- except under extreme circumstances -- excessive; they create increased opportunities for paroling inmates. Overall, the proposed new penal system would substantially increase the judges' discretion to choose alternative punishments or suspend short sentences for the less serious offenses.