Article 92 [source]

Spanish Criminal Code
English translation

1. The court shall order the suspension of the execution of a reviewable life sentence when the following requirements are met:

a) That the convicted person has served twenty-five years of their sentence, without prejudice to the provisions of Article 78 bis for the cases regulated therein.

b) That they are classified in the third degree.

c) That the court, taking into account the convicted person's personality, their criminal record, the circumstances of the crime committed, the relevance of the legal 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 execution itself and from compliance with any imposed measures, can establish, after assessing the progress reports submitted by the prison and by those specialists designated by the court, the existence of a favorable prognosis for social reintegration.

If the convicted person has been sentenced for several crimes, the examination of the requirements referred to in subparagraph c) shall be carried out by assessing all the crimes committed as a whole.

The court will decide on the suspension of the reviewable life sentence after an adversarial oral procedure in which the Public Prosecutor and the convicted person, assisted by his lawyer, will participate.

2. If the offenses relate to terrorist organizations and groups and terrorism offenses under Chapter VII of Title XXII of Book II of this Code, it will also be necessary for the convicted person to show unequivocal signs of having abandoned the aims and means of terrorist activity and to have actively collaborated with the authorities, either to prevent the commission of other offenses by the terrorist organization or group, to mitigate the effects of their offense, to identify, capture and prosecute those responsible for terrorist offenses, 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 offense, as well as by technical reports that demonstrate that the prisoner is truly disassociated from the terrorist organization and the environment and activities of illegal associations and groups surrounding it, and by their collaboration with the authorities.

3. The suspension of the sentence shall last from five to ten years. The period of suspension and parole shall be calculated from the date of the offender's release. The provisions of the second paragraph of section 1 of Article 80 and Articles 83, 86, 87, and 91 shall apply.

The judge or court, in light of any changes in the circumstances assessed, 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 imposed, or their removal.

Likewise, the supervising judge shall revoke the suspension 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.

4. Once the portion of the sentence referred to in paragraph 1 a) of this article, or, where applicable, in Article 78 bis, has been served, the court shall verify, at least every two years, compliance with the remaining requirements for parole. The court shall also rule on the prisoner's requests for parole, but may set a period of up to one year within which, after a request has been rejected, no further requests will be considered.