Prison law lawyer in Alicante

What prison law is and when you need a lawyer

The judgment is not the end of the process. How a prison sentence is served depends on decisions taken afterwards: which grade you are classified in, when you can go out on leave, whether you move to the open regime (third grade) or obtain parole. These decisions are taken by the prison’s Treatment Board (Junta de Tratamiento), the prison administration and the prison supervision judge (juez de vigilancia penitenciaria), and all of them can be challenged.

The main prison facilities in the province of Alicante are the Centro Penitenciario de Alicante Cumplimiento, in Fontcalent; the Hospital Psiquiátrico Penitenciario de Alicante (secure psychiatric prison hospital), also in Fontcalent; and the Centro Penitenciario Alicante II, in Villena. We assist inmates of any of them and their families.

We help with grade classification, prison leave, parole, disciplinary sanctions, aggregation of sentences and appeals to the prison supervision judge.

Classification into grades: first, second and third

Prison sentences are served under a system of grades (art. 72 of the General Prisons Act, Ley Orgánica General Penitenciaria):

• First grade: closed regime, with the strictest control measures.
• Second grade: ordinary regime. This is the most common.
• Third grade: open regime. It allows you to leave the prison and generally requires you to spend the night there, unless electronic monitoring is accepted (art. 86.4 of the Prison Regulations).

A person can start directly in a higher grade without going through the lower ones (art. 72.3 LOGP). The initial classification proposal must be made within a maximum of two months from when the prison receives the judgment, and the decision within a further two months, extendable by two more (art. 103 of the Regulations). Afterwards, the classification is reviewed at least every six months (art. 65.4 LOGP).

There are important limits. If the sentence imposed exceeds five years, the court may order that the third grade not be granted until half has been served (art. 36.2 of the Criminal Code), and for some offences this security period is mandatory. In addition, the third grade requires civil liability (compensation) to have been satisfied, taking into account the inmate’s conduct and real financial capacity (art. 72.5 LOGP).

Prison leave

Ordinary leave can last up to seven days each time, with a maximum of 36 days a year in second grade and 48 in third grade. It requires a quarter of the sentence to have been served, no bad conduct and a prior report from the Technical Team (art. 47.2 LOGP and art. 154 of the Regulations).

Extraordinary leave is granted for the death or serious illness of close relatives, the birth of a child or other important and verified reasons (art. 47.1 LOGP).

Refusals of leave are common and are often based on generic reports. Challenging them with specific arguments, such as family ties, a job waiting outside or good progress, makes the difference.

Parole

Parole (libertad condicional) suspends enforcement of the rest of the sentence. It is granted by the prison supervision judge under article 90 of the Criminal Code:

• General rule: being in third grade, having served three quarters of the sentence and having shown good conduct.
• At two thirds: if, in addition, you have carried out work, cultural or occupational activities while serving your sentence.
• At half: exceptionally, if it is your first prison sentence, it does not exceed three years and you meet the other requirements. This does not apply to offences against sexual freedom and integrity (art. 90.3).

People aged seventy or over and those who are very seriously ill with incurable conditions can obtain it without waiting for those periods (art. 91 CP). In all cases, the judge may refuse it if the commitment to pay civil liability in line with financial capacity has not been honoured.

Appeals to the prison supervision judge

The prison supervision judge oversees the enforcement of the sentence and protects the inmate’s rights (art. 76 LOGP). Following Organic Law 1/2025, this function is performed by the Prison Supervision Section of the Court of First Instance (Tribunal de Instancia). The decisions that can be challenged before it include:

• Initial classification and progression or regression between grades.
• Disciplinary sanctions.
• Complaints about the regime and treatment that affect fundamental rights or prison benefits.

It is also responsible for deciding on parole and authorising leave of more than two days, except in third grade.

What we do

1. We review the judgment, the sentence calculation (liquidación de condena) and the prison file to find out which periods have been met and when.
2. Together with the inmate and their family, we prepare the documents on family ties, work and outside support that weigh in the Board’s decisions.
3. We submit the requests and, if they are refused, we appeal to the prison supervision judge with specific arguments.
4. If the decision is still unfavourable, we consider further criminal appeals.

Other matters: aggregation of sentences, foreign nationals and pardons

Aggregation of sentences. If you have several convictions, the maximum time actually served cannot exceed three times the most serious sentence, with a general limit of 20 years (art. 76 CP). Applying for aggregation (acumulación de condenas) can greatly reduce the real time spent in prison.

Foreign inmates. Prison sentences of more than one year imposed on a foreign national are, as a rule, replaced by expulsion, and in any event the rest of the sentence is replaced when they move to third grade or obtain parole (art. 89 CP). We explain this on our page on criminal lawyer for foreign nationals.

Pardon. If the sentence is disproportionate given your circumstances, a pardon may be considered. And once the sentence has been served, we help you have your criminal record removed.

Every case is different; after studying yours, we will give you a personalised written quote.