Parole in Spain

If you have found your way here, you are probably counting days. You know the three-quarters date by heart, and every call from your son, your partner or your brother ends with the same question: when does he get out? It is an exhausting wait, and it is nearly always lived through with very little information.

Libertad condicional (parole, or conditional release) is the final stretch of a prison sentence. It is not a pardon: it is the possibility of serving the remainder of the sentence outside the prison, under conditions and for a set period. It is decided by a court, it has specific requirements, and it can be appealed when refused.

At Bataller Abogados we have spent more than twenty-five years working in prison law from Barcelona, in prisons in Catalonia and across the rest of Spain. Here we explain, in plain language, what the law requires in 2026, what forms of parole exist, and what can be done when the answer is no.

What libertad condicional is

Since Ley Orgánica 1/2015, libertad condicional stopped being the fourth grade of classification and is now governed as a form of suspension of the enforcement of the remainder of the prison sentence. The change is not merely a matter of wording.

The most important consequence concerns time: if parole is revoked, the time spent outside does not count as time served (art. 90.6 CP). The person returns to prison with the same sentence outstanding as on the day they were released.

The second is that it is granted for a suspension period, which the law sets at between two and five years and which can never be shorter than the sentence outstanding. During that period the person is subject to the conditions set by the court.

Requirements for ordinary parole (art. 90 CP)

Art. 90.1 requires three conditions that must all be met together:

• Being classified in tercer grado (third grade, Spain’s open or semi-liberty regime). Without tercer grado there is no ordinary parole.
• Having served three quarters of the sentence imposed. The calculation follows art. 193 RP, which requires the different sentences to be added together as one and any pardoned time to be deducted.
• Having shown good conduct. The whole of the sentence is looked at, not just the last few months.

Beyond that, the court weighs the person’s character, their record, the circumstances of the offence, their conduct while serving the sentence and their family and social situation.

There is one point that takes many families by surprise: civil liability. Art. 90.1 provides that suspension will not be granted if the person has not met it, applying the criteria in art. 72 of the Ley Orgánica General Penitenciaria (the Spanish Prison Act). Payment in full is not always required, but a documented effort to make amends is. Art. 90.4 also allows parole to be refused where inaccurate information is given about assets.

Early parole at two thirds

Art. 90.2 allows suspension to be granted before the ordinary point. This is the form known as libertad condicional adelantada a los 2/3, early parole at two thirds. It requires:

• Having served two thirds of the sentence.
• Having carried out work, cultural or occupational activities during the sentence, either continuously or to such effect that there has been a relevant and favourable change in personal circumstances.
• Meeting the other requirements of paragraph 1, including tercer grado.

Much of the case is won or lost here. That second requirement is not evidenced simply by having held a prison job, but by certificates of participation, reports from the professionals involved, completed courses and treatment programmes.

This form does not apply to people convicted of terrorism offences or offences committed within criminal organisations.

Qualified early release: up to 90 days per year served

The same art. 90.2 provides for a further bringing forward. Once half the sentence has been served, it allows release to be brought forward from the two-thirds point by up to ninety days for each year of time actually served.

It is not automatic. Beyond the earlier requirements, the law requires evidence of effective and favourable participation in victim reparation programmes, or in treatment or detoxification programmes, depending on the case.

• The 90 days per year are deducted from the two-thirds date, not from the three-quarters date.
• The floor is half the sentence: this route cannot bring release forward beyond that.
• Years of time actually served are what count, and again it does not apply to terrorism or criminal organisation offences.

There is also a separate provision in art. 90.3: people serving their first prison sentence, where it does not exceed three years, can access parole once they have served half the sentence, if the other requirements are met. Offences against sexual freedom and integrity are excluded.

Parole for the very seriously ill and those over 70 (art. 91 CP)

Art. 91 covers two situations in which the law does not require any minimum portion of the sentence to have been served:

• People who have reached the age of seventy, provided they meet the other requirements of art. 90.
• Very seriously ill people with incurable conditions, where this is established by medical reports.

Paragraph 2 requires the file to be sent to the court with whatever urgency the case demands, and art. 196 RP requires a medical report to be attached, or a birth certificate in the case of those over seventy. Where a prisoner is in this situation, the decisive factor is usually speed.

Paragraph 3 covers the most extreme situation: where the danger to the prisoner’s life, because of illness or advanced age, is evident from a medical opinion, the court can order suspension without waiting for the remaining formalities, considering only whether there is any relevant dangerousness. In exchange, the person is required to provide information on how their illness develops.

The difference between tercer grado and parole

This is the question we are asked most often on the phone. They are two different things, and they come one after the other.

Tercer grado is a grade of prison classification. The person is still serving their sentence and remains attached to a prison: normally they sleep at a Centro de Inserción Social or attend as often as required, and they come under the prison administration, with judicial oversight afterwards.

Libertad condicional is a suspension of the enforcement of the rest of the sentence, decided by a court. The person lives at home, subject to the suspension period and the conditions imposed, with follow-up by the prison social services.

The link between the two is direct: art. 192 RP provides that prisoners classified in tercer grado who meet the other requirements of the Criminal Code will serve the rest of their sentence on parole. Tercer grado is the way in.

How the application is processed and who decides

The file is prepared by the prison’s Junta de Tratamiento (Treatment Board) and sent up to the court. Art. 195 RP sets out what it must contain:

• Certified copies of the judgments, the calculation of the sentence and certification of classification in tercer grado.
• A social integration prognosis report from the Junta de Tratamiento.
• A summary of the criminal and prison situation, including leave, punishments and their cancellation.
• An individual parole programme and supervision plan.
• A written undertaking from the family, a close contact or a social organisation to take the person in.
• A statement about where the person will live and a declaration about work or means of support.

The decision rests with the prison supervision court. One recent change is worth noting: following Ley Orgánica 1/2025, the former Juzgados de Vigilancia Penitenciaria have been absorbed into the Tribunales de Instancia as Prison Supervision Divisions. The name and structure change; the powers and the prisoner’s rights do not.

Parole refused: appeals and deadlines

A refusal does not end the case. The appeal rules are in the fifth additional provision of the Ley Orgánica del Poder Judicial, and the deadlines are short:

• Recurso de reforma (review by the same court): three days from notification, before the court that made the decision.
• Appeal: five days from notification. There is no need to have lodged a reforma first.
• Recurso de queja: where an appeal is refused admission.

In matters of sentence enforcement the appeal is decided by the sentencing court; in matters of prison regime, by the Audiencia Provincial for the area where the prison is. Decisions of the central court are appealed to the Criminal Division of the Audiencia Nacional.

There is one point that causes families a great deal of frustration. The fifth additional provision provides that an appeal by the public prosecutor against decisions on parole or classification that would lead to release has suspensive effect where the person has been convicted of a serious offence and sentenced to more than five years. In those cases release is put on hold until the appeal is decided, with priority and urgent handling.

If the application is refused, art. 90.7 allows a period of six months to be set, extendable with reasons up to a year, before it can be raised again. That time is not wasted time: it is the window in which to put right whatever caused the refusal.

Revocation of parole

Parole can be revoked. Art. 90.5 applies the general rules on suspension, in particular arts. 83, 86 and 87, so revocation is possible where the person commits a new offence during the period, seriously or repeatedly breaches the prohibitions and duties imposed, or evades supervision by the sentence management services.

The consequence is harsh: the outstanding part of the sentence is enforced and the time spent on parole does not count as time served. That is why we stress that the conditions must be properly understood from day one.

Faced with a proposal to revoke there is room to respond: evidencing the real cause of the breach, providing reports showing continued treatment or stable employment, and proposing a change to the conduct requirements as an alternative.

The cases we usually handle

• Preparing the file at the three-quarters point and following it through with the Junta de Tratamiento.
• Early release at two thirds, evidencing work, training and treatment activities.
• Qualified early release based on participation in reparation, treatment or detoxification programmes.
• Applications under art. 91 CP for very serious incurable illness or for those over seventy.
• Recursos de reforma and appeals against refusals, including those based on civil liability.
• Opposing prosecution appeals that carry suspensive effect.
• Defending against proposals to revoke, and cases involving foreign prisoners.

How we work on your case

1. First consultation and review of the criminal position. We analyse judgments, the calculation of the sentence, the merging of sentences and the key dates. It is common to find calculation errors that shift those dates.
2. Contact with the prisoner and the prison. We visit them, speak to the professionals involved and review the prison file.
3. Strategy and choice of route. We work out which form of parole fits best and at what point, and identify what still needs evidencing before the file goes up.
4. Preparing and filing the submission. We provide the supporting documentation: a job offer, a family undertaking to take the person in, reports from organisations and evidence of efforts to make amends.
5. Follow-up and appeals. We keep track of deadlines, lodge whatever appeals are appropriate and provide support during the suspension period to avoid problems.

Useful documents

Gathering these speeds up the work. If you do not have everything, we obtain it.

• The judgments, the calculation of the sentence and the most recent grade classification decision.
• Certificates for work, courses and treatment programmes completed in prison, and Junta de Tratamiento reports.
• Decisions granting or refusing prison leave.
• Disciplinary files, cancellation of punishments and evidence of efforts to make amends.
• A job offer or employment commitment, and documentation on the proposed address and who will take the person in.
• Up-to-date medical reports, in cases under art. 91 CP.

Frequently asked questions

Is parole the same as being released?

No. The sentence remains live throughout the suspension period, between two and five years, which can never be shorter than the sentence outstanding. During that time the conditions and conduct requirements imposed must be met, with supervision. Only once the period passes without revocation is the sentence declared served.

Can it be applied for without tercer grado?

Under the ordinary route of art. 90 CP, no: classification in tercer grado is an express requirement. So when a prisoner is in second grade and approaching the three-quarters point, the priority is progression to a higher grade. The exception is art. 91 CP for the very seriously ill with incurable conditions and for those over seventy, where what falls away is the requirement of a portion of the sentence served.

How long does the application take?

There is no single timescale: it depends on the prison, on the court’s workload and on whether the documentation is complete. A file missing reports is delayed by weeks or months. In cases under art. 91 CP the law requires urgent handling. The most effective way to save time is to prepare the documentation before the file goes up.

What if I cannot pay the civil liability?

The law does not necessarily require payment in full, but rather an effort to make amends, assessed under art. 72 of the Ley Orgánica General Penitenciaria: real financial capacity, assets, family responsibilities and the conduct shown in making amends. What matters is evidencing that effort with documents, even if the amounts are modest. Hiding assets or giving inaccurate information, on the other hand, can justify a refusal.

Can a foreign prisoner get parole?

Yes. The legal requirements are the same. The difficulties are usually practical: evidencing an address, ties, financial means and a support network in Spain. The immigration position and any deportation proceedings also need weighing, as they interact with the enforcement of the sentence.

What happens if I am refused and apply again?

Art. 90.7 CP allows a period of six months to be set, extendable with reasons up to a year, before the application can be made again. That interval is best used to put right the specific reason for the refusal: completing programmes, firming up a job offer, making progress on reparation or having punishments cancelled. Asking again for the same thing, with nothing new, rarely changes the outcome.

Can I work and travel while on parole?

Working is not just allowed: it is one of the things that supports a plan for life outside. Travel depends on the conduct requirements imposed, which may include prohibitions on living in or approaching certain places, or a duty to report changes of address. If in any doubt, it is better to ask first than to assume.

What if the prisoner has punishments that have not been cancelled?

Punishments appear on the file and are weighed when good conduct is assessed, although they do not operate as an automatic bar. What matters is the type of offence, how old it is and whether it has been cancelled. That is why it is worth dealing with disciplinary proceedings at the time and applying for cancellation when appropriate, rather than waiting until the parole date arrives.

Let’s talk about your case

Every file is different. The dates, the classification, civil liability, the programmes completed and the family situation produce very different pictures, and a case can only be properly assessed after reading it in detail.

At Bataller Abogados we are a boutique firm in Barcelona with more than twenty-five years of experience. The team is made up of Mariam Bataller Pardo, founder, Montse Pijoan i Almaraz and Laura Bardaji Salinas. We work in every prison in Catalonia and Spain, and we are available 24 hours a day.

You can see our other areas of work in prison law, or read about our work as prison lawyers in Barcelona.

Call us on +34 696 967 181 or +34 937 490 708, email info@bbabogadas.com, or use the contact form. We are at C/ Aribau 205, 2nd floor, 08021 Barcelona. Tell us the situation and we will tell you frankly what can be worked on.