Article 106 [source]

Spanish Criminal Code
English translation

1. Supervised release shall consist of the convicted person's subjection to judicial control through compliance with one or more of the following measures:

a) The obligation to be locatable at all times by means of electronic devices that allow for continuous monitoring.

b) The obligation to appear periodically at the place established by the Judge or Court.

c) The obligation to immediately report, within the maximum period and by the means designated by the Judge or Court for this purpose, any change of residence or place or position of employment.

d) The prohibition against leaving the place of residence or a specific territory without authorization from the Judge or Court.

e) The prohibition against approaching the victim, or any of their family members or other persons determined by the Judge or Court.

f) The prohibition against communicating with the victim, or any of their family members or other persons determined by the Judge or Court.

g) The prohibition against going to certain territories, places, or establishments.

h) The prohibition against residing in certain places.

i) The prohibition against engaging in certain activities that may offer or facilitate the opportunity to commit similar criminal acts.

j) The obligation to participate in training, employment, cultural, sex education, or other similar programs.

k) The obligation to undergo outpatient medical treatment or periodic medical check-ups.

2. Without prejudice to the provisions of Article 105, the Judge or Court shall impose the measure of supervised release in the sentence, to be served after the imposed custodial sentence, provided that this Code expressly so provides.

In these cases, at least two months before the expiration of the custodial sentence, so that the supervised release measure can begin at that time, the Judge of Penitentiary Supervision, following the procedure established in Article 98, shall submit the appropriate proposal to the sentencing Judge or Court, who, in accordance with said procedure, shall specify, without prejudice to the provisions of Article 97, the content of the measure, establishing the obligations or prohibitions listed in paragraph 1 of this Article that the convicted person must observe.

If the convicted person has been sentenced to several custodial sentences that must be served successively, the provisions of the preceding paragraph shall be understood to refer to the moment when the fulfillment of all of them is completed.

Likewise, a convicted person who has been sentenced for several different offenses to several supervised release measures that, given the content of the obligations or prohibitions established, cannot be executed simultaneously, shall serve them successively, without prejudice to the Judge or Court's power to exercise the powers conferred upon it by the following paragraph.

3. Following the same procedure as in Article 98, the Judge or Court may:

a) Modify the imposed obligations and prohibitions in the future.

b) Reduce the duration of supervised release or even terminate it in view of a positive prognosis for reintegration that deems the continuation of the imposed obligations or prohibitions unnecessary or counterproductive.

c) Revoke the measure when the circumstance described in the preceding paragraph occurs at the time of implementation of the measures regulated in paragraph 2 of this Article.

4. In the event of non-compliance with one or more obligations, the Judge or Court, considering the circumstances and following the same procedure indicated in the preceding paragraphs, may modify the imposed obligations or prohibitions. If the non-compliance is repeated or serious, revealing an intent not to submit to the imposed obligations or prohibitions, the Judge shall also file a report for an alleged offense under Article 468 of this Code.