Article 49 [source]

Spanish Criminal Code
English translation

Community service, which cannot be imposed without the convicted person's consent, requires them to provide unpaid cooperation in certain public service activities. These activities may consist, in relation to offenses of a similar nature to the one committed by the convicted person, of repairing damages caused or supporting or assisting victims, as well as the convicted person's participation in workshops or training programs for re-education, employment, culture, road safety, sex education, peaceful conflict resolution, positive parenting, and other similar activities. Its daily duration may not exceed eight hours, and its conditions are as follows:

1. The execution will be carried out under the supervision of the Judge of Penitentiary Supervision, who, for this purpose, will request reports on the performance of the work from the Administration, public entity, or association of general interest where the services are provided.

2. It will not infringe upon the dignity of the convicted person.

3. Community service will be facilitated by the Administration, which may establish the appropriate agreements for this purpose.

4. They shall enjoy the protection afforded to prisoners by prison legislation regarding Social Security.

5. Their work shall not be subject to the pursuit of economic interests.

6. The prison social services, after carrying out the necessary verifications, shall report to the Judge of Penitentiary Supervision any relevant incidents related to the execution of the sentence and, in any case, if the prisoner:

a) Is absent from work for at least two working days, provided that this constitutes a voluntary refusal on their part to comply with the sentence.

b) Despite the requests of the person in charge of the workplace, their performance is significantly below the minimum required.

c) Repeatedly and manifestly opposes or fails to comply with the instructions given by the person in charge of the job regarding its performance.

d) For any other reason, their conduct is such that the person in charge of the job refuses to continue employing them at the center.

Once the report has been assessed, the Judge of Penitentiary Supervision may order its execution in the same center, transfer the convicted person to another center to complete the sentence, or determine that the convicted person has failed to comply with the sentence.

In case of non-compliance, a report will be filed to proceed in accordance with Article 468.

7. If the convicted person is absent from work for a justified reason, this will not be considered abandonment of the activity. However, the missed work will not be counted in the calculation of the sentence, which must include the days or workdays actually worked out of the total imposed.