Article 36 [source]

Spanish Criminal Code
English translation

1. The sentence of life imprisonment shall be reviewed in accordance with the provisions of Article 92.

The classification of the convicted person in the third degree must be authorized by the court after an individualized and favorable prognosis of social reintegration, after hearing the Public Prosecutor and the Penitentiary Institutions, and may not be carried out:

a) Until the completion of twenty years of effective imprisonment, in the case that the convicted person was convicted of an offense under Chapter VII of Title XXII of Book II of this Code.

b) Until the completion of fifteen years of effective imprisonment, in all other cases.

In these cases, the convicted person may not enjoy leave permits until they have served a minimum of twelve years of imprisonment, in the case provided for in subparagraph a), and eight years of imprisonment, in the case provided for in subparagraph b).

2. The prison sentence shall have a minimum duration of three months and a maximum of twenty years, except as exceptionally provided by other provisions of this Code.

When the imposed prison sentence exceeds five years, the judge or court may order that the convicted person's classification in the third degree of prison treatment not take place until half of the imposed sentence has been served.

In any case, when the imposed prison sentence exceeds five years and involves the offenses listed below, the convicted person's classification in the third degree of prison treatment may not take place until half of the sentence has been served:

a) Offenses related to terrorist organizations and groups and terrorism offenses under Chapter VII of Title XXII of Book II of this Code.

b) Offenses committed within a criminal organization or group.

c) Offenses under Title VII bis of Book II of this Code, when the victim is a minor or a person with a disability in need of special protection.

d) Offenses under Article 181.

e) Offenses under Chapter V of Title VIII of Book II of this Code, when the victim is under sixteen years of age.

In the cases referred to in subparagraphs c), d), and e), if the sentence exceeds five years' imprisonment, the convicted person's classification in the third degree of prison treatment may not be carried out without a specific assessment and report regarding the offender's benefit from the treatment program for those convicted of sexual assault.

3. The judicial authority responsible for prison oversight, after an individualized and favorable prognosis for social reintegration and considering, where appropriate, the personal circumstances of the convicted person and the progress of the re-education treatment, may, with due justification and after hearing the Public Prosecutor, the Prison Service, and the other parties, decide to apply the general regime of compliance, except in the cases covered in the preceding paragraph.

4. In any case, the judicial authority for prison supervision, as appropriate, may agree, after a report from the Public Prosecutor's Office, Penitentiary Institutions and the other parties, to the progression to third degree for humanitarian reasons and personal dignity of the convicted persons who are very seriously ill with incurable conditions and of persons over seventy, especially considering their low risk.