Suspension of the execution of a judicial sentence in Spain (Part I)

The judge may decide to suspend the execution of the sentence if the convicted person meets a series of requirements established in the Spanish Criminal Code.


Essentialy, when judges pass a sentence condemning a custodial sentence (for example, prison sentence), they have the power to agree to suspend the execution of the sentence if a series of requirements that are established in the Penal Code are met and in summary: In case of suspension of the execution of the prison sentence, the convicted person would not enter in jail.


But we must take into consideration that the suspension of the execution of the sentence is a power of the Judge, which means that even if the requirements to suspend the sentence are given, the Judge can agree, with prior motivation, that the guilty serve the sentence imposed; although we repeat, his decision must be justified and can also be appealed to the Provincial Court.


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