Prison law in Alicante: sentence enforcement
The sentence is not the end of the proceedings. Classification, leave, open regime, parole, sanctions and cancellation of criminal records are fought through written submissions and appeals.
The phase almost no one prepares for is the one that changes lives the most.
When the sentence becomes final, another phase with its own rules begins: criminal enforcement. This is where it is decided whether the sentence is suspended or served, at what classification level, with what leave, when parole is granted and when criminal records are cancelled. These are administrative and judicial decisions that are challenged in writing and within strict deadlines.
Many of these decisions are based on internal reports. If no one challenges them with documentation — employment contract, family ties, therapy reports, courses, payment of civil liability — the decision is confirmed almost by inertia and the prisoner loses months or years.
The intervention covers both fronts: the written submission to the Treatment Board or the prison management, and the appeal before the Prison Supervision Court, with a further appeal to the Provincial Court when the decision does not hold.
We also assist the family, who are usually the ones who call: what forms of communication exist, how to request a transfer for family proximity, what can be submitted and what expectations are realistic at each stage of the sentence.
From the enforcement order to the cancellation of criminal records.
- 01
Avoiding imprisonment
Suspension of the sentence, substitution with a fine or community service, instalment payment arrangements and proof of reparation of damage before the enforcement order becomes final.
- 02
Classification and grade progression
Submissions to the Treatment Board, appeal against initial classification and application for progression to second or third degree, including open regime with electronic monitoring.
- 03
Prison leave
Ordinary and extraordinary leave: requirements, unfavourable reports, repeated denials and appeal before the Prison Supervision Court and the Provincial Court.
- 04
Parole
Early release for work and treatment programmes, parole due to serious illness or age, and monitoring of the conditions imposed during its term.
- 05
Disciplinary proceedings
Defence in very serious, serious and minor infractions: charges, evidence, proportionality of the sanction and appeal, preventing the sanction from blocking leave and progression.
- 06
Transfers and family proximity
Transfer requests based on family or employment ties, communications, visits and video calls, and challenges to decisions by the General Secretariat of Prison Institutions.
- 07
Sentence accumulation
Calculation of the maximum serving limit, legal accumulation of sentences, credit for time served on remand and correction of erroneous sentence calculations.
- 08
Criminal records
Cancellation of criminal and police records once the required periods have elapsed, essential for public examinations, residence permits, licences and certain employment.
Situations that should not be left to run.
- The conviction is final and the voluntary surrender order has arrived.
- Initial second-degree classification was made without considering employment or family ties.
- Leave is denied with repeated reports that no one has challenged.
- Disciplinary proceedings threaten progression to open regime.
- The sentence calculation does not correctly deduct time served on remand.
- Criminal records still appear despite the cancellation periods having elapsed.
In the criminal law guide
Articles on prison law
Do you have a sentence being enforced?
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