We can define Penitentiary Law as the set of rules regulating penitentiary activity aimed at the execution of sentences and custodial measures with the aim of achieving the reeducation and social reintegration of those convicted, as well as the legal relationship that arises as a result. of internment.



What is the prison classification?

The classification into grades makes it possible to individualize the treatment aimed at the re-education and social reintegration of each prisoner. Article 72.1 of the LOGP establishes that “Prison sentences will be executed according to the system of scientific individualization, separated into degrees, the last of which will be conditional freedom, as determined by the Penal Code.”

What is the initial classification and destination like?

All individuals who have been sentenced to a custodial sentence, and after a period of two months of observation, will be classified in one of the three penitentiary degrees.

What are penitentiary degrees?

The Penitentiary Regulations establish in Article 100 the penitentiary classification where the following grades are included:

  • First degree: The closed regime will be applied.
  • Second degree: The ordinary regime will apply.
  • Third degree: The open regime will be applied.

What does the First Degree consist of?

In accordance with the provisions of article 10 of the LOGP, inmates classified as extremely dangerous or manifestly and seriously inadaptable to the general rules of orderly coexistence will be classified in the first degree, weighing the concurrence of factors such as:

  • Nature of the crimes committed throughout his criminal history, indicating an aggressive, violent and antisocial personality.
  • The commission of acts that threaten the life or physical integrity of people, sexual freedom or property, committed in especially violent ways or forms.
  • Belonging to criminal organizations or armed gangs, as long as they do not show, in both cases, unequivocal signs of having evaded the internal discipline of said organizations or gangs.
  • Active participation in riots, riots, physical attacks, threats or coercion.
  • The commission of disciplinary infractions classified as very serious or serious, repeatedly and sustained over time.
  • The introduction or possession of firearms in the penitentiary establishment, as well as the possession of toxic drugs, narcotics and psychotropic substances in significant quantities, which suggests their destination for trafficking.

What does the Second Degree consist of?

In accordance with article 102.3 of the Penitentiary Regulations:

«Those convicted persons who have personal and penitentiary circumstances of normal coexistence, but without the capacity to live, for the moment, in semi-freedom, will be classified in the second degree».

What does the Third Degree consist of?

In accordance with article 102.4 of the Penitentiary Regulations:

«The third degree prison regime will be applied to inmates who, due to their personal and prison circumstances, are capable of carrying out a regime of life in semi-freedom».

Is it possible to progress or return to a grade?

Yes, both progression and regression are possible. The classifications made are not definitive, the grades are reviewed by the Treatment Board.

How often are grades reviewed? What does evolution mean in prison treatment?

The grades are reviewed every six months, and in the case of the first grade, it will be done every three months.

A new classification, which in turn may imply a proposal for a transfer to another Penitentiary Center or a transfer within the center itself to another department.

When can I request parole?

When the inmate is classified in the third degree, three-quarters of the sentence imposed has been served, and good conduct has been observed.

Do I have to pay civil liability to get conditional release?

Yes, civil liability must be paid. In accordance with article 72 of the LOGP, sections 5 and 6 of the aforementioned Law:

«The classification or progression to the third degree of treatment will require, in addition to the requirements provided for by the Penal Code, that the convicted person has satisfied the civil liability derived from the crime».
«The classification or progression to the third degree of penitentiary treatment of people convicted of terrorist crimes in the second section of chapter V of title XXII of book II of the Penal Code or committed within criminal organizations, will require, in addition to the requirements provided for by the Penal Code and the satisfaction of civil liability with their present and future income and assets…».

Under what other circumstances can parole be obtained?

  • Age.
  • Incurable illness.
  • Any other circumstance that the Penitentiary Surveillance Judge deems.