PROBATION SYSTEM IN SPAIN

REPORT BY GROUP OF:

1.DE GUZMAN, ERVIN LOYD.

2. REDELICIA, JOHN PAUL E.
3. MANOCAN, ANGELO.
4. SOARES, MARIO.
5.MENEZES,FRANCISCO FERNANDES.
History of Probation in Spain
History from the origins to 2008
The open regime was created in Spain in order to contribute to a
more effective penitentiary system which is less afflictive and
stigmatizing.

Conventionally, the conditional remission of the sentence, currently

known as the conditional suspension of the implementation of the
sentence has its origin in the Law of 17 March 1908. Up to now the
Penal Code in Spain allowed the suspension of the enforcement of
the prison sentence, always under the condition of not committing a
new offence during an established period of time.
 THE ORGANIZATIONAL
PROBATION SERVICES SPAIN
MINISTRY
OF
INTERIOR

GENERAL DIRECTORATE
OF
PENITENTIARY
INSTITUTIONS

AUTONOMOUS SUPPORT
PENITENTIARY
LABOUR AND VOCATIONAL UNIT
TRAINING ORGANIZATION

GENERAL GENERAL GENERAL GENERAL GENERAL GENERAL

VICEDIRECTORATE VICEDIRECTORA VICEDIRECTORAT VICEDIRECTORAT VICEDIRECTORAT VICEDIRECTORAT
OF TE E E E E
TREATMENT OF OPEN OF OF OF OF
AND ENVIRONMENT PENITETIARY PENITENTIARY PENITENTIARY PENITENTIARY
PENITENTIARY AND HUMAN SERVICES HEALTH INSPECTION
MANAGEMENT ALTERNATIVE RESOURCES
MEASUREMENT
 Legal Basis
The starting point is art. 25 of the Spanish
The penitentiary social assistance is regulated in
the Articles 74 and 75 of the General Penitentiary
Organic Law.
The Royal Decree 515/2005 that establishes the
circumstances applicable to the enforcement of
community service, permanent location, certain
security measures and suspension of the execution
of prison sentences regulates the tasks of the social
services in relation to these sanctions.
 Procedure of Probation.

. Pre-Trial phase
.Trial and Enforcement
phase . Post release phase.
 How to apply probation in Spain

The registration starts from the moment the

convict has the first contact with the
penitentiary services when the inmate enters
in a penitentiary centre.
The Penitentiary Social Services (PSS) have
a registration system that starts the moment
the criminal file is received.
Programs and Activities which
under Probation
Social intervention
Social work department(Departamento de trabajo social)
There are about 320 penitentiary social
worker and 60 social work coordinators.
There are 51 heads of the department, 56
support civil servant,86 social workers and
about 20 program managers.
Head of the department and social workers.
 Qualification for Probation.
The prison sentences to less then two years of
imprisonment.
The duration of the suspension to less then 2 to 5
years in case the suspended prison sentence is to
less than 2 years of imprisonment, and of 3months
to 1 year, in case of lesser offences.
 Disqualification.

For Those committed serious crimes :

Terrorist
Kidnaping
Human Trafficking
Mafia Organization and
Drugs trafficking.
 The Procedures condition.
Remission condition De la Pena
The Spanish system of probation was
centered exclusively in the requirement
not relapsing without contemplating
assistance or surveillance measures.
Penal Code 1995
Royal Decree 515/06,of 6 may 2006
The conditional release ( Libertad
conditional)1914.
 Condition.

The established procedures are

Supervision of Conditionally Released
Persons Community Service and
Procedures with the Conditional
Suspension of the Execution of the
Sentence.
The activities can be divided in a
preliminary phase and an enforcement
phase.
 The Different is:

In Spain system of probation was centred exclusively

in the requirement but not relapsing, without
contemplating assistance or surveillance measures.
And The probation system under by Ministry of
Interior and focused only in reducing the application
of custodial prison sentences, and clearing the path
to re-entry.
 Difference in Philippines:

while Philippines Under by Department of Justice,

responsible for providing a less costly alternative to
imprisonment of first-time offenders who are likely to
respond to individualized community-based treatment
programs. Function:
to administer the parole and probation system
to exercise supervision over parolees, pardonees and
probationers
to promote the correction and rehabilitation of
criminal offenders.
 Supervission period.
Supervising/organizing etc. Community
Service.
Supervising/organizing training or learning
project.
Supervising etc. drug/alcohol treatment
programs.
Supervising etc. sanction of probation.
Assistance support to prisoners in prison.
Who granted probation in Spain.

Individual pardons are a gracious

measure granted to sentenced convicts
by the King.
Ministry of Justice (Judge) has to make
the formal proposal.
The penitentiary legislation in the article
206 of the penitentiary Rules.
 Qualification of probation
officer for Training.

High school diploma, Bachelor and Masters

degree.
Social workers hold a labour relationship with
the penitentiary Administration, through an
administrative contract.
They are required to hold a university degree
in social work.
The rest of the staff is formed by civil servants
that are admitted into public service through a
special selection process.
 Salary for Probation Officer.
For General Directorate of Penitentiary
Institutions annual budget. The total
budget for the General Directorate in
2006 was 1,018,876,460 euros.
For a total budget for the penitentiary
system of 633,423,000 euros
for prison expenses -, with 285,655,380
euros.
 In Philippines call PSIR how
about in Spain?
In Philippines the call Presentence
Investigation Report or PSIR, while for Spain
the call has Penitentiary social service (PSS).
PSS have a registration system that starts the
moment the criminal file is received.
This system foresees the collection of
personal and criminal information as well as
information about the allocation of the
resources used during the enforcement of the
sentence.
MARAMING SALAMAT PO.
OBRIGADO

AND

GOD BLESS...