The suspension of a prison sentence is one of the most significant benefits of the Spanish penal system: it allows someone sentenced to a custodial penalty to avoid entering prison, provided they meet a series of conditions during a set period. It is, in a way, a second chance. But that opportunity has conditions, and breaching them can cause the suspended sentence to end up being enforced.

Suspension is regulated in Articles 80 to 87 of the Criminal Code and allows the judge to suspend entry into prison when certain requirements are met: that the sentence does not exceed two years, or five in special cases, that the convicted person has no criminal record preventing it, and that the circumstances justify the prognosis that they will not reoffend. During the suspension period, which ranges between two and five years, the convicted person remains at liberty subject to conditions; if they do not commit new offences or breach those conditions, the sentence is extinguished. It is not a right, but a discretionary power of the judge.

In granting the suspension, the judge may impose rules of conduct: the prohibition on approaching or communicating with the victim, the obligation to participate in training programmes, to appear periodically, to undergo rehabilitation treatment, or to pay the civil liability arising from the offence.

Not all breaches are equally serious. The commission of a new intentional offence during the suspension period is the most serious cause: it obliges the judge to revoke the suspension and order entry into prison. If the new offence is negligent, the revocation is not automatic. Breach of the imposed conditions can also lead to revocation, but not automatically: the judge may revoke the suspension, replace the breached condition with another, or extend the suspension period by up to half of the initial term. The decision depends on the seriousness of the breach, on whether it was voluntary or involuntary, and on whether it was a one-off or repeated.

The distinction between voluntary and involuntary breach is key: someone who cannot meet a condition for reasons beyond their control must notify the court immediately and justify it with documentation. Before revoking, the judge must hold a hearing in which they listen to the prosecutor, the parties, and the convicted person. It is a crucial moment: the lawyer can explain the circumstances of the breach, provide documentation of effective compliance, propose alternatives to revocation, and argue that it would be disproportionate.

If the judge revokes the suspension, the convicted person must enter prison to serve the suspended sentence in full; the time spent at liberty during the suspension is not deducted, because it was conditional liberty, not service of the sentence.

The best strategy is preventive action: documenting compliance with all conditions, immediately reporting any difficulty, maintaining regular contact with the lawyer, and, above all, avoiding any situation that entails a risk of committing a new offence, which is the cause that most certainly leads to revocation.