




TL;DR: In this paper, the authors examine how early conditional release measures for offenders are revoked in Spain, paying special attention to the criteria and the procedures legally established, and discuss relevant statistics and case law on this subject.
Abstract: In this article we examine how early conditional release measures for offenders are revoked in Spain. For this purpose we analyse the legal framework of revocation, paying special attention to the criteria and the procedures legally established. We also take a look to the practice of revocation by discussing relevant statistics and the case law on this subject. Finally, we raise some critical points on the Spanish system of revocation suggesting some changes inspired by the principle of revocation as a last resort.
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...Secondly, for an effective change in criminal and prison policies in Spain for women inmates (Yague, 2007; Cid and Tebar, 2012)....
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...Finally the present status quo raises the importance of back-door sentencing as a concern for scholars and practitioners (Padfield and Maruna, 2006)....
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...We would like to thank especially the prison judge Benito Pérez, one of the six prison judges in Catalonia, for a long interview with him that much improved our understanding of the practice of revocation of conditional early release measures....
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...To explore further this subject : Cid (2005), Cid and Tébar (2010a)....
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...The reasons that may explain the differences between rates of revocation of open regime (30% in Catalonia and 18% in the rest of Spain) and the rates of revocation of parole (3.6 in both jurisdictions), are twofold: on the one hand, parolees may have, in general, a better prognosis of risk than open prisoners, given that for achieving parole the person needs to have spend a relevant period in the community without reoffending (more than one year in Catalonia, according to the research of Tébar, 2006b)....
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...Three principles of the Spanish Constitution should be mentioned: first, the fundamental right 18 One anonymous reviewer of the EJP asks why rates of revocation of open regime are higher in Catalonia than in the rest of Spain but rates of revocation of parole are similar?...
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...Data from Catalonia indicate that in the last 5 years (2006-2010), 37% of prisoners were released on open regime (including home detention curfew) and on parole and 63% were released from a closed regime, without any period or conditional early release....
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20 citations
...…requires the following additional criteria to be met: having served half of the sentence; having previously been granted temporary leave from prison; and having a remaining sentence that would make them eligible for ordinary parole in no more than two or three years (Cid, 2005; López-Ferrer, 2004)....
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...To explore further this subject : Cid (2005), Cid and Tébar (2010a)....
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13 citations
Spanish law provides two ways to be early conditional released while serving a prison sentence: open-regime (with include home detention curfew) and conditional liberty or parole.
For sentences longer than five years imposed for offences related to terrorism, organised crime, sexual offences against victims under thirteen the minimum mandatory period before reaching the third treatment category is perceptive and cannot be judicially lifted afterwards.
As for the grounds for revocation, the Spanish Criminal Code (section 93.1) provides the following two general causes: re-offending and the breach of the license obligations.
In practice some Prison Judges decide parole revocation when the offence is flagrant, by means of considering there has been a breach of the license conditions or that the criteria required to access parole is no longer fulfilled.