1. The supervising judge of the prison system shall order the suspension of the remainder of the prison sentence and grant parole to the convicted person who meets the following requirements:
a) That they are classified in the third degree (open regime).
b) That they have served three-quarters of the imposed sentence.
c) That they have demonstrated good conduct.
To decide on the suspension of the remainder of the sentence and the granting of parole, the supervising judge of the prison system shall assess the convicted person's personality, their criminal record, the circumstances of the crime committed, the importance of the legally protected interests that could be affected by recidivism, their conduct during the serving of the sentence, 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.
Suspension will not be granted if the convicted person has not satisfied the civil liability arising from the crime in the cases and according to the criteria established by sections 5 and 6 of Article 72 of Organic Law 1/1979, of September 26, General Penitentiary Law.
2. The court may also order the suspension of the execution of the remainder of the sentence and grant parole to convicted persons who meet the following requirements:
a) That they have served two-thirds of their sentence.
b) That during the serving of their sentence they have carried out work, cultural, or occupational activities, either continuously or with a benefit that has resulted in a relevant and favorable modification of their personal circumstances related to their prior criminal activity.
c) That they demonstrate compliance with the requirements referred to in the previous section, except for having served three-quarters of their sentence.
At the proposal of the Prison Service and after receiving a report from the Public Prosecutor's Office and the other parties, once the circumstances described in subparagraphs a) and c) of the preceding paragraph have been met, the supervising judge may, once half of the sentence has been served, grant parole in advance of the period stipulated in the preceding paragraph, up to a maximum of ninety days for each year of effective imprisonment served. This measure will require that the convicted person has continuously carried out the activities indicated in subparagraph b) of this paragraph and, where applicable, demonstrates effective and positive participation in victim reparation programs or treatment or detoxification programs.
3. Exceptionally, the supervising judge may order the suspension of the execution of the remainder of the sentence and grant parole to convicted persons who meet the following requirements:
a) That they are serving their first prison sentence and that this sentence does not exceed three years.
b) That they have served half of their sentence.
c) That they demonstrate compliance with the requirements referred to in paragraph 1, except for having served three-quarters of their sentence, as well as the requirement regulated in subparagraph b) of the preceding paragraph.
This regime shall not apply to those convicted of a crime against sexual freedom and integrity.
4. The supervising judge of the prison may deny the suspension of the execution of the remainder of the sentence when the convicted person has provided inaccurate or insufficient information about the whereabouts of assets or objects whose confiscation has been ordered; fails to comply, according to their means, with the commitment to pay the civil liabilities to which they have been sentenced; or provides inaccurate or insufficient information about their assets, thus failing to comply with the obligation imposed in Article 589 of the Civil Procedure Law.
The judge may also deny the suspension of the execution of the remainder of the sentence imposed for any of the offenses provided for in Title XIX of Book II of this Code, when the convicted person has evaded compliance with pecuniary liabilities or the reparation of the economic damage caused to the Administration to which they were sentenced.
5. In cases of suspension of the execution of the remainder of the sentence and the granting of parole, the rules contained in Articles 83, 86, and 87 shall apply.
The supervising judge, in light of any possible changes in the assessed circumstances, may modify the decision previously adopted pursuant to Article 83, and order the imposition of new prohibitions, duties, or obligations, the modification of those already ordered, or their lifting.
Likewise, the supervising judge of the prison will revoke the suspension of the execution of the remainder of the sentence and the parole granted when a change in the circumstances that gave rise to the suspension becomes evident, such that the prognosis of lack of dangerousness on which the decision was based can no longer be maintained.
The period of suspension of the execution of the remainder of the sentence will be from two to five years. In any case, the period of suspension of execution and parole may not be less than the duration of the portion of the sentence remaining to be served. The period of suspension and parole will be calculated from the date of the prisoner's release.
6. The revocation of the suspension of the execution of the remainder of the sentence and parole will result in the execution of the portion of the sentence remaining to be served. The time spent on parole will not be counted as time served.
7. The supervising judge of the prison will decide ex officio on the suspension of the execution of the remainder of the sentence and the granting of parole at the request of the prisoner. If the request is not granted, the judge or court may set a period of six months, which may be extended to one year with justification, until the claim can be raised again.
8. In the case of persons convicted of crimes committed within criminal organizations or for any of the crimes regulated in Chapter VII of Title XXII of Book II of this Code, the suspension of the execution of the remainder of the imposed sentence and the granting of parole requires that the convicted person show unequivocal signs of having abandoned the aims and means of terrorist activity and have actively collaborated with the authorities, either to prevent the commission of other crimes by the terrorist organization or group, to mitigate the effects of their crime, to identify, capture and prosecute those responsible for terrorist crimes, to obtain evidence, or to prevent the actions or development of the organizations or associations to which they belonged or with which they collaborated. This may be demonstrated by an express declaration of repudiation of their criminal activities and abandonment of violence and an express request for forgiveness from the victims of their crime, as well as by technical reports that demonstrate that the prisoner is truly disassociated from the terrorist organization and the environment and activities of associations and illegal groups surrounding her and her collaboration with the authorities.
Paragraphs 2 and 3 shall not apply to persons convicted of committing any of the offenses regulated in Chapter VII of Title XXII of Book II of this Code or of offenses committed within criminal organizations.