Prison Disciplinary Proceedings in Spain: A Comprehensive Guide

Posted on May 1, 2024 in Law & Jurisprudence

Prison Disciplinary Proceedings in Spain

Types of Proceedings

Short Procedure (Art. 251 RGP)

Applicable only for minor penalties, with the Center Director acting as the sanctioning authority.

Regular Procedure (Arts. 241 and SS RGP)

More commonly used procedure with the following steps:

  1. Initiation by the Director:
    1. Self-initiative
    2. Request from another authority
    3. Written complaint from an identified person
    4. Order from a superior body
  2. Appointment of an Instructor: An official not involved in the events.
  3. Drafting of the Statement of Offenses (SO):
    1. Identification of the inmate
    2. Procedure initiation method
    3. Instructor identification and job title
    4. Body responsible for case resolution
    5. Legal qualification of facts and potential penalties
    6. Circumstances of the alleged offense
    7. Precautionary measures
    8. Inmate’s right to file objections or appear before the instructor within three working days.
  4. Notification to the inmate
  5. Investigation
  6. Case file submission
  7. Proposed resolution
  8. Final resolution, including execution details.

General Considerations

The instructor cannot participate in deliberations or voting on cases they have instructed. Members of the Disciplinary Commission with prior knowledge or involvement in the events are also excluded.

Resources and Appeals

Appeals against decisions of the Disciplinary Commission or the Director can be made to the Prison Security Judge. The appeal can be oral or written and must be filed within five days.

Sanction Annotation and Expiration

Sanctions are recorded in the inmate’s personal file. Sanctions must be issued within three months (one month for short procedures) of case commencement. Permanent or temporary release of the inmate results in file expiration.

Precautionary Measures (Art. 243)

The Director or instructor can take protective measures during the process, notifying both the inmate and the Prison Surveillance Judge (JVP).

Prescription

Violations prescribe after three years for very serious misconduct, two years for serious misconduct, and six months for slight misconduct. Sanctions prescribe after three years, two years, and one year, respectively.

Automatic Termination and Cancellation of Sanctions

Permanent or temporary release of the inmate automatically terminates and cancels the sanction and its annotation in the personal file.

Sanctioning Proceedings

Right to Defense

The procedural guarantees outlined in Art. 24.2 of the Spanish Constitution apply to both criminal and administrative enforcement proceedings. This includes the right to defense, which can be exercised with the assistance of a lawyer or a criminologist, as per Art. 242.2 i) of the RGP.

Classes of Proceedings

Two classes of proceedings exist: regular and short. The regular procedure is more commonly applied.