Manel Capdevila Capdevila

Abstract: This paper presents the results of a study that links information from the prison system with information from the Spanish Social Security System in order to study the employability of former inmat...

Abstract: The suspended sentence, along with the fine, is the most commonly used alternative to prison in Spain. This sentence is generally regarded as a good sanction because it avoids the personal and financial costs of prison for occasional offenders which are not in need of rehabilitation. The main aim of this article is to present data and empirical research about the effectiveness of the suspended sentence with respect to its two main goals: reducing the use of prison and preventing offenders from re-offending. The data appear to suggest that this is an effective sentence in these terms, but the article also raises questions about the need to replace suspended sentences with more rehabilitative orders in some special cases.

Abstract: Community service orders, or work for the benefit of the community orders, were introduced in Spanish legislation with the 1995 Criminal Code. Its practical use was until recently scant, and has since 2008 exploded in numerical terms. After describing the legal framework and aims of this sanction, this paper focuses on recent developments in the use of this penalty and in implementation and supervision practices. It draws from analysis of Parliamentary debates, sentences passed by judges, official statistics and other official documents, and interviews with judges, public prosecutors, supervisors and senior civil servants responsible for implementation.

Abstract: The Spanish Constitution establishes that prison sentences should be aimed at rehabilitation and resettlement. According to this principle, the Spanish prison rules provide a progressive system of enforcement of prison sentences that promotes supervised early release as a way to facilitate reintegration in the community. The process of reintegration should start in prison –where criminogenic needs should be tackled– and continue in the community, addressing financial, family and job settlement issues. This ideal system seems to work effectively with prisoners that are early released. These prisoners benefited from the professional supervision of the probation system and from the help of third sector organizations that work in partnership with the penitentiary system. However, there is an important shortcoming of the Spanish system, because a relevant part of prisoners are only released after having served the full sentence and therefore are excluded from this transitional return to the community.