Ana Julia Quezada Judgment: What is the permanent reviewable prison and in what cases does it apply? - The province


The permanent prison revisable It is the maximum prison sentence that exists in the Spanish Criminal Code. It was approved in the Congress of Deputies on March 26, 2015, as part of the Citizen Security law, with the only votes in favor of the Popular Party.

As its name implies, the permanent reviewable prison is a prison sentence, in principle for an indefinite period, subject to revisions that can help the prisoner recover his freedom.

The purpose of this penalty, which has been imposed on Ana Julia Quezada for the murder of the child Gabriel, is to prevent the most dangerous criminals who have not demonstrated reintegration capacity can return to society, endangering people's safety.

Until its entry into force, the Criminal Code set limits of 25, 30 or 40 years in jail, according to the severity of the penalties (article 76), although it recognized the successive fulfillment of penalties in case of accumulation.

For what crimes does it apply?

The permanent reviewable prison can only be imposed for murders in which a specific aggravating circumstance concurs. The current list of assumptions is this:

  1. When the victim be under 16 or it is a particularly vulnerable person.
  2. When subsequent to a crime against sexual freedom.
  3. In the multiple murders.
  4. In those committed by members of a criminal organization.
  5. Crimes against the Crown (kill the King, or any of his ascendants or descendants, or the Queen consort, among others).
  6. Crimes against him people's right (kill or violate the personal immunity of a foreign head of state or another person internationally protected by a Treaty).
  7. Crimes of genocide.
  8. Crimes against humanity (a variant of the genocide).

When can you review the penalty?

"After completing a part of the sentence that ranges between 25 and 35 years, the Court shall review ex officio if the prison must be maintained every two years; and it will also do so whenever the prisoner requests it, although after the dismissal of a petition may set a maximum term of one year within which no new applications will be processed, "according to the Reason for Reform.

The re-education and social reintegration of the inmate are basic principles of our criminal and penitentiary legislation. Article 25 of the Spanish Constitution stipulates: "The custodial sentences and security measures shall be oriented towards reeducation and social reintegration and may not consist of forced labor. "

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