Wednesday, October 20

The Constitutional Court endorses the reviewable permanent prison

The Constitutional Court has decided to endorse the reviewable permanent prison that the Government of Mariano Rajoy introduced in 2015. With seven votes in favor and three against, the court of guarantees has decided to reject the PSOE’s appeal against this measure as proposed by the rapporteur Encarnación Rock. The sentence will only propose slight modifications that do not affect the core of the norm, which allows to review the fulfillment of the sentence until the inmate is ready for his social reintegration.

The Constitutional Court studies endorsing the reviewable permanent prison

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The vote has gone ahead with seven magistrates in favor of rejecting the appeals and another three opposing them. These three magistrates will cast contrary individual votes: Cándido Conde-Pumpido, María Luisa Balaguer and Juan Antonio Xiol. A new vote without unanimity as has happened recently in deliberations on the state of alarm, the stoppage of Congress during the first wave or the convictions of the procés prisoners for sedition, among other cases.

In recent years, the Supreme Court had endorsed the application of the reviewable permanent prison in various cases such as the multiple murder of Pioz, the murder of the child Gabriel in Almería and various crimes of sexist and vicarious violence. In the first cases it examined, the criminal chamber doubted whether it was possible to impose this reviewable permanent prison sentence on the murders of vulnerable victims such as children or the elderly, but concluded that it was not to use the same factor twice. In many of these cases it has been applied with the approval of the Prosecutor’s Office.

The reviewable permanent prison came to the Penal Code in 2015 for murders against minors under 16 or especially vulnerable people, murders committed after raping the victim or multiple murders against two or more victims. It is also proposed for crimes of genocide, assassinations of heads of state or against humanity.

The review and suspension of a reviewable permanent prison sentence has a minimum horizon of 25 years in prison served behind bars. It also requires that the prisoner be in the third degree penitentiary and that the court assess a broad context of circumstances. They are elements that go from the antecedents, the personality, their behavior in prison and others.

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