Prison law lawyers in Barcelona

If you have found your way here, it is probably because someone you love is in prison or is about to go in. And because nobody is explaining what happens now. The feeling is very specific: you are given the name of a prison, a file number and little else. Having a prison law lawyer from the first day changes the way you face everything that comes next.

At Bataller Abogados we have spent more than 25 years working solely in the area where the sentence has already been passed and the part that really matters begins: how it is served. Prison leave, classification into a grade, punishments, transfers, parole. All of that is decided inside the prison and before the Juzgado de Vigilancia Penitenciaria (the Prison Supervision Court), with short deadlines and written applications that have to be filed properly and on time.

We are a boutique firm in Barcelona, made up of Mariam Bataller Pardo, Montse Pijoan i Almaraz and Laura Bardaji Salinas. We are available 24 hours a day, because emergencies in prison do not keep office hours.

What prison law is, and when you need a specialist

Prison law governs what happens from the moment a person enters prison until they leave. Its framework is the Ley Orgánica 1/1979, General Penitenciaria (the Spanish Prison Act) and the Reglamento Penitenciario (the Prison Regulations), approved by Real Decreto 190/1996, together with the articles of the Código Penal (the Spanish Criminal Code) on the enforcement of sentences.

It is a different branch from criminal law. The lawyer who ran the trial argued about whether there was an offence or not. The prison law specialist works afterwards: on the grade, on prison leave, on treatment, on punishments and on appeals against the decisions of the prison administration.

That long phase has rules of its own. Decisions are not taken by the court that passed sentence, but by the Junta de Tratamiento (the prison’s Treatment Board), by the Centro Directivo (the prison authority) and, on appeal, by the Juzgado de Vigilancia Penitenciaria, today the Prison Supervision Division of the Tribunal de Instancia following the reorganisation brought in by LO 1/2025.

It is worth contacting a lawyer before entering prison if the sentence is already final; as soon as the first classification is notified; when prison leave is refused; when disciplinary proceedings are opened; or when there are several cases that could be aggregated. At every one of those moments there is something to be done, and a deadline already running.

The prison law services we provide

Prison leave

Ordinary permisos de salida (prison leave) require, under art. 47 LOGP and art. 154 RP, that the person is classified in second or third grade, has served a quarter of the sentence, has not shown bad conduct, and has a report from the Equipo Técnico (the prison’s Technical Team). The ceiling is up to 36 days a year in second grade and 48 in third. We prepare the application, work on unfavourable reports and appeal refusals. You can read more about prison leave.

Classification and tercer grado

The grade determines the regime a person lives under: closed, ordinary or open. Classification is reviewed periodically and can be appealed to the Juzgado de Vigilancia Penitenciaria. We look at whether it is worth applying the flexibility principle of art. 100.2 RP, or the routes available for cases of serious illness or old age. We build every file on concrete facts: family ties, employment, programmes completed and a plan for life outside. More detail on tercer grado (third grade, Spain’s open or semi-liberty regime).

Parole

Art. 90 CP governs the suspension of the remainder of the sentence: as a general rule, tercer grado and three quarters served, with the early form at two thirds and the qualified grounds for bringing it forward further. Art. 91 CP covers the very seriously ill with incurable conditions and people over seventy. We prepare the file and the supporting documentation from outside. See our page on libertad condicional (parole).

Disciplinary proceedings and punishments

A punishment is not just solitary confinement or losing exercise time: it contaminates prison leave, classification and parole for a long time afterwards. The prisoner has three working days to file a defence statement (art. 244 RP) and five working days to appeal the punishment to the Juzgado de Vigilancia Penitenciaria (art. 248 RP). We step in from the charge sheet onwards, not later. More on prison disciplinary proceedings.

Aggregation of sentences

Where there are several sentences, art. 76 CP sets maximum limits on time to be served, and art. 988 of the Ley de Enjuiciamiento Criminal (the Criminal Procedure Act) sets out the procedure for legal aggregation before the competent court. That is different from the administrative merging of sentences for prison calculation purposes. We review each case one by one, because a miscalculation can add years to a sentence. More on aggregation of sentences.

Prison transfers

Distance from the family weighs heavily: it makes visits expensive, spaces them out and, in time, ends them. We handle transfer applications on grounds of family ties, health, safety or treatment, both between prisons in Catalonia and across Spain, and we deal with international transfers under the applicable conventions. See prison transfers.

Appeals to the Juzgado de Vigilancia Penitenciaria

The Juzgado de Vigilancia Penitenciaria is the judicial check on what happens inside. Classifications, refused leave, punishments, calculations of time served and regime decisions are all appealed to it. Its orders can be challenged by recurso de reforma (review by the same court) within three days and by appeal within five, under the fifth additional provision of the LOPJ. We draft and argue those submissions before every prison supervision court in Spain.

Deportation instead of prison

Art. 89 CP allows prison sentences of more than a year imposed on foreign nationals to be replaced, wholly or in part, by deportation, with specific rules for EU citizens and a ban on returning for five to ten years. We analyse whether it is in the person’s interest in each case, weighing family ties and children. More on deportation instead of prison.

The cases we usually handle

People with a final sentence who are about to go in and want to prepare properly: medical records, employment references, evidence of family ties. Arriving prepared for that first contact with the Junta de Tratamiento is not a small detail.

Prisoners refused leave over and over again with the same generic wording, without anyone looking at how they have actually progressed. There the work is to build a different file and appeal with concrete arguments.

Families who cannot understand why their son or partner is still in second grade despite years of working inside. Or who hear about a punishment without knowing that deadlines were already running.

Foreign nationals facing deportation with family in Spain. People with serious illness or mental health problems. Prisoners with several sentences from different courts that nobody has looked at as a whole. And transfers: people serving their time six hundred kilometres from home.

How we work on your case

1. First contact, and listening. You tell us the situation by phone, by email or at the office. We need to know who the person is, which prison they are in, what sentence they have and what has happened recently.
2. Reviewing the file. We request and go through the prison and court documentation: judgments, the calculation of the sentence, classification decisions, Equipo Técnico reports, disciplinary files.
3. Strategy, explained clearly. We tell you what routes exist, which are realistic right now, what the deadlines are and what the work will cost. No promises, and no language you cannot follow.
4. Direct contact with the prisoner. We visit the prison, use our right to confidential lawyer contact and prepare the relevant submissions with them.
5. Filing and follow-up. We lodge applications and appeals, appear before the Juzgado de Vigilancia Penitenciaria and keep the family informed at every step.

Documents worth having to hand

You do not need to have all of this before you call us. But if you do, we move faster.

• The judgment or judgments, and the aggregation order if there is one.
• The calculation of the sentence, with the dates for a quarter, half, two thirds and three quarters served.
• The most recent classification decision and reports from the Equipo Técnico or the Junta de Tratamiento.
• Decisions granting or refusing prison leave.
• Disciplinary files, charge sheets and punishment decisions.
• Any relevant medical or psychological reports.
• Evidence of ties: municipal registration, family book, an employment contract or job offer, a place with a support service or organisation.
• In immigration cases, the residence permit or the application for one.

Deadlines: why time is critical in prison matters

In prison the deadlines are short and they run from the date of notification, which the prisoner often receives alone, with nobody to explain what it means.

Faced with a disciplinary charge sheet there are three working days to file a defence. Against the punishment itself, five working days to appeal to the Juzgado de Vigilancia Penitenciaria, or orally at the moment of notification.

Against the orders of that court, the fifth additional provision of the LOPJ allows three days for a recurso de reforma and five for an appeal. These are deadlines that run out within a week.

On top of that comes the timetable of the case itself: grade reviews, the six-month periods for leave, the dates when fractions of the sentence are reached. Being late does not always close the door, but it almost always means waiting months for the next opportunity. That is why we keep saying: call early.

Where we work

We work in every prison in Catalonia: Brians 1, Brians 2, Quatre Camins, Lledoners, Ponent, Mas d’Enric, Puig de les Basses, Wad-Ras, the young offenders’ prison and the centres oberts (open centres). Catalonia runs its own prison system, which brings administrative particularities we know well.

We also appear before the prison supervision courts based in Barcelona and Lleida, and before whichever court has jurisdiction in each case.

Outside Catalonia we act in prisons and courts throughout Spain, including those run by the Secretaría General de Instituciones Penitenciarias (the national prison service). If your relative is serving their sentence far away, that is not an obstacle: we manage the case remotely and travel when the matter calls for it. If you are looking specifically for a prison lawyer in Barcelona, that is where we are based.

We also handle national and international transfers, including serving a sentence in the country of origin where that applies.

Frequently asked questions

How much does a prison lawyer cost?

It depends on the type of work. An application for prison leave is not the same as an appeal, an aggregation of several sentences, or following a case continuously over years. Before we start we give you a written quote setting out what is included and what is not. We also take on one-off instructions, for people who only need a single piece of work done. And if a case has no real prospect at this moment, we will tell you.

What is the difference between a duty lawyer and a private one in prison matters?

The duty scheme guarantees representation and there are excellent professionals in it. The practical difference tends to be continuity and availability: a private firm follows the whole file throughout the sentence, with the same point of contact, planned visits and direct contact with the family. It also makes it possible to work towards dates rather than react to notifications. It is a decision each family weighs up according to their circumstances.

Can you visit my relative in prison?

Yes. Lawyers have the right to confidential contact with a prisoner under art. 51.2 of the Ley Orgánica General Penitenciaria, in a dedicated room and without being listened to. We travel to prisons in Catalonia routinely, and to other prisons in Spain depending on the case. During that visit we explain the situation, hear their account and prepare the submissions with them.

Do you deal with emergencies out of hours?

Yes, we work as a 24-hour prison law firm. An unexpected admission, a transfer, a period of provisional isolation or a serious medical problem do not wait until Monday. You can call us on +34 696 967 181 at any time. If we cannot take the call, leave a message and we will get back to you as soon as we can.

When can my relative apply for their first prison leave?

Ordinary leave requires classification in second or third grade and a quarter of the sentence served, along with no bad conduct and a report from the Equipo Técnico. Meeting the time requirement does not create an automatic right to leave: the Junta weighs factors such as the risk of absconding or reoffending. That is why the groundwork in the months before the date matters as much as the application itself.

Can a refusal of tercer grado be appealed?

Yes. Classification decisions can be appealed to the Juzgado de Vigilancia Penitenciaria, and its order can then be challenged by reforma and by appeal. What matters is attacking the specific reasoning: whether real progress, completed programmes, family ties and the plan for life outside have actually been considered. A generic appeal rarely adds anything; one built on the file itself can open up the argument.

What should I do if disciplinary proceedings have been opened?

Tell us straight away, with the date the charge sheet was notified. The deadline for a defence statement is three working days, and the prisoner has the right to take advice throughout. Evidence can be proposed, procedural defects pointed out and the classification of the offence disputed. Acting at that stage is far more useful than trying to repair a punishment afterwards.

My relative is in a prison a long way away. Can a transfer be requested?

It can be applied for, on grounds of family ties, health, safety, treatment or rehabilitation. The decision rests with the competent prison administration and is not automatic, but a well-documented application, evidencing the family situation and the real difficulty of keeping in contact, is the right way to go about it. We also look at international transfers where someone is serving a sentence outside their own country.

Let’s talk today

If your relative has just gone into prison, if leave has been refused, or if you simply do not know where to start, call us. That first conversation is there to map out the situation and work out what can be done, and within what deadlines.

We are at C/ Aribau 205, 2nd floor, 08021 Barcelona. Telephones: +34 696 967 181 and +34 937 490 708. Email: info@bbabogadas.com. We are available 24 hours a day, every day of the year.

You can also write to us through the contact form and we will get in touch. Tell us the name of the prison and what has happened: with that, we can already point you in the right direction.