Revisable Permanent Prison Sentence: the de facto life sentence in Spain

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Martín Aragón, María del Mar
Date
2018-12Department
Derecho Internacional Público, Penal y ProcesalAbstract
By the Constitutional Law 1/2015, the Spanish Criminal Code was amended to
introduce a new sentencing under the name “revisable permanent prison”, which
basically allow parole ineligibility periods and abolish opportunities for early parole
reviews for certain serious offences. So as a result, Spain do have mandatory life
sentence under a politically correct name, in order to be respectful with the
constitutional requirements which stablish that the main aim of the imprisonment must
be the rehabilitation.
The paper focus on legal aspects -such as the constitutionality of this sentence or its
relation with the penitentiary system- and on the criminological ones, such as the
possibilities of rehabilitation and the consequences of long term imprisonment no just
for the inmate theirself, but also for their inner circle. Related to the rehabilitation, the
problem of the sentence development is addressed from two different views; from the
lack of prediction in the law and from the penitentiary scope.
The key elements of this entire truss designed by the lawmaker are the victims, whose
concerns are not understand as a needing of expanding their safety as a criminal policy
goal, but in such a way that they have been transformed into policy sanctification. In
that way, it is highlighted here how the media influence the perception the people have
on the criminal issue and the important role that have recently played the victims’
lobbies in the criminal law development.




