Necessary Conditions for the Suspension of a Criminal Conviction in Spain

These are basically the necessary objective conditions (beside other subjective and temporal conditions that will be considered in a future post):


1st.- That the convicted person has committed a crime for the first time. For this purpose, previous convictions for reckless crimes or minor offenses, nor criminal records that have been canceled, or should be in accordance with the provisions of article 136 of the Criminal Code in Spain.


It will also not be taken into account crimes that, due to their nature or circumstances, are irrelevant to assess the probability of future crimes.


2nd.- That the penalty or the sum of those imposed is not more than 2 years, without including in such computation the derivative of the non-payment of the fine.


3rd.- That the civil liabilities that have originated have been satisfied. This requirement will be understood to have been fulfilled when the convicted person assumes the commitment to satisfy civil responsibilities according to his economic capacity, and it is reasonable to expect that it will be fulfilled within the reasonable period of time determined by the Judge or Court.

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