1. Judges or courts, by reasoned decision, may suspend the execution of custodial sentences of no more than two years when it is reasonable to expect that the execution of the sentence will not be necessary to prevent the offender from committing future offenses.
In adopting this decision, the judge or court shall assess the circumstances of the offense committed, the offender's personal circumstances, their criminal record, their conduct after the offense, particularly their efforts to repair the damage caused, their family and social circumstances, and the effects that can be expected from the suspension of the sentence itself and from compliance with any imposed measures.
2. The following shall be necessary conditions for suspending the execution of the sentence:
1. That the convicted person has committed a first offense. For this purpose, prior convictions for negligent offenses or minor offenses will not be taken into account, unless these constitute an aggravated offense due to repeated minor offenses, nor will criminal records that have been expunged, or should be expunged in accordance with the provisions of Article 136. Criminal records corresponding to offenses that, due to their nature or circumstances, are irrelevant for assessing the likelihood of future offenses will also not be taken into account.
2. That the sentence or the sum of the sentences imposed does not exceed two years, excluding from this calculation the sentence resulting from non-payment of the fine.
3. That any resulting civil liabilities have been satisfied and the confiscation ordered in the judgment pursuant to Article 127 has been carried out.
This requirement shall be deemed fulfilled when the convicted person undertakes to satisfy the civil liabilities according to their financial means and to facilitate the agreed confiscation, and it is reasonable to expect that this will be fulfilled within the reasonable timeframe determined by the judge or court. The judge or court, taking into account the scope of the civil liability and the social impact of the crime, may request any guarantees they deem appropriate to ensure compliance.
3. Exceptionally, even if conditions 1 and 2 of the preceding paragraph are not met, and provided that the offender is not a habitual offender, the suspension of prison sentences that individually do not exceed two years may be ordered when the offender's personal circumstances, the nature of the act, their conduct, and, in particular, their efforts to repair the damage caused, so advise.
In these cases, the suspension will always be conditional upon the effective reparation of the damage or compensation for the harm caused, according to the offender's physical and economic means, or upon compliance with the agreement referred to in measure 1 of Article 84. Likewise, one of the measures referred to in paragraphs 2 or 3 of the same provision will always be imposed, with a duration that may not be less than that resulting from applying the conversion criteria established therein to one-fifth of the imposed sentence.
4. Judges and courts may grant the suspension of any imposed sentence without being subject to any requirement if the convicted person suffers from a very serious illness with incurable conditions, unless at the time of the commission of the crime they already had another sentence suspended for the same reason.
5. Even if conditions 1 and 2 of paragraph 2 of this article are not met, the judge or court may order the suspension of the execution of custodial sentences of no more than five years for offenders who committed the crime due to their dependence on the substances indicated in paragraph 2 of Article 20, provided that it is sufficiently certified by a duly accredited or approved public or private center or service that the convicted person is no longer addicted or is undergoing treatment for this purpose at the time the decision on the suspension is made.
The judge or court may order the necessary checks to verify compliance with the aforementioned requirements.
If the convicted person is undergoing rehabilitation treatment, the suspension of the execution of the sentence will also be conditional upon their not abandoning the treatment until its completion. Relapses in treatment will not be considered abandonment unless they demonstrate a definitive abandonment of the rehabilitation treatment.
6. In crimes that can only be prosecuted upon complaint or accusation by the victim, the judges and courts shall hear the victim and, where appropriate, his representative, before granting the benefits of suspension of the execution of the sentence.