Prison law lawyer in Barcelona

When someone in your family goes to prison, you are suddenly faced with a flood of questions and words you do not understand: classification, treatment board, leave permits, grades. Here I explain, without jargon, how prison life works in Spain, what can be requested, when, and what to do if the answer is no.

I have completed the specialist training in prison law required by the Barcelona Bar Association (ICAB).

FIRST.— Who decides what inside prison?

Inside the prison, the key body is the Treatment Board (Junta de Tratamiento), made up of the prison governor, lawyers, psychologists, educators and other professionals. It proposes the prisoner’s classification and decides on leave permits. Outside the prison there is the Prison Supervision Judge (Juez de Vigilancia Penitenciaria), who is not the judge who convicted, but the one who makes sure the prisoner’s rights are respected and who rules on complaints and appeals (art. 76 LOGP). In Catalonia the prisons are run by the regional government (the Generalitat), but the law is the same as in the rest of Spain: the General Prison Act (LOGP) and the Prison Regulations (RP).

SECOND.— The three grades and why they matter so much

Sentences are served in grades, under what is called the system of scientific individualisation (art. 72 LOGP). First grade is the most closed regime. Second grade is the ordinary regime, where almost everyone starts. Third grade is the open regime, with regular outings. Almost everything else depends on classification: leave permits, parole and the kind of daily life the prisoner has. Classification is reviewed at least every six months (art. 105 RP) and, if the Board decides to keep the grade, it must give reasons. The prisoner can then ask the central prison authority (Centro Directivo) to decide, and that decision can be appealed to the Supervision Judge.

THIRD.— Visits and phone calls: the minimum you are entitled to

The Regulations set minimums, and each prison organises schedules within them. Visits through the glass or visiting room are normally twice a week and last at least twenty minutes (art. 42 RP). Intimate visits (vis a vis) and family visits are at least once a month and last between one and three hours (art. 45 RP). There are also family-living visits, of up to six hours, with a spouse or partner and children aged ten or under. For phone calls, the Regulations provide for at least five a week, of at least five minutes each, under each prison’s internal rules (art. 47 RP). The governor can restrict or monitor communications only with a reasoned decision, informing the Supervision Judge (arts. 43 and 44 RP).

FOURTH.— Leave permits

An ordinary leave permit requires three things: second or third grade classification, having served a quarter of the sentence, and no bad conduct (art. 47.2 LOGP and art. 154 RP). Each permit can last up to seven days, with a maximum of 36 days a year in second grade and 48 in third grade. Be careful: meeting the requirements does not guarantee a permit. The Treatment Board studies each case, with a report from the technical team, and may refuse it after weighing the risk of absconding, family ties and roots in the community. Permits of more than two days, except third-grade ones, must also be authorised by the Prison Supervision Judge (art. 76.2.i LOGP). If it is refused, the prisoner can file a complaint with the Supervision Judge (art. 162 RP).

FIFTH.— Third grade and parole

Ordinary parole requires third grade classification, three quarters of the sentence served, good conduct and payment of any civil liability (art. 90.1 Criminal Code). It can be brought forward to two thirds if the prisoner has taken part in work, cultural or occupational activities with a significant and positive change (art. 90.2). A person serving a first prison sentence of no more than three years may exceptionally be granted parole after serving half, except for sexual offences (art. 90.3).

There is also a special regime for people over 70 and for the very seriously ill with incurable conditions, with more flexible requirements (art. 91 Criminal Code); if there is a clear danger to life, it can be granted without requiring the other conditions. Permanent reviewable imprisonment (prisión permanente revisable) has its own rules (art. 92): third grade, a favourable prognosis for reintegration and a very long minimum period served. If your relative is ill, the sooner the medical situation is documented, the better.

SIXTH.— Can we ask for a transfer closer to home?

The law says convicted prisoners should serve their sentence in a prison close to their social environment, to avoid uprooting (art. 12 LOGP), but it is not an absolute right: the authorities apply it “as far as possible”, and security, prison capacity or the prisoner’s profile may weigh against it. A transfer can be requested and, if refused, the matter can be taken to the Supervision Judge.

SEVENTH.— If the answer is no: appeals and deadlines

This is where most families lose rights, because the deadlines are very short. Against the Supervision Judge’s orders there is an appeal for reconsideration (recurso de reforma) within three days of notification, or directly an appeal to the higher court (recurso de apelación) within five days (Fifth Additional Provision of the Judicial Power Act, LOPJ). A lawyer is required for both. If your relative receives an unfavourable decision, do not wait: every day counts from the moment it is received.

EIGHTH.— How the family can help

Much more than it seems. The reports that are weighed for leave permits and third grade rely on community ties: a certificate of residence, stable housing, job offers, medical or social reports, a commitment to support. Gathering that documentation in time and presenting it well can make the difference.

NINTH.— Frequently asked questions

How long does the first leave permit take?

It depends on when a quarter of the sentence is served and on the Board approving it. It can be requested as soon as the objective requirements are met.

Can a permit be refused even if everything is met?

Yes. The requirements are necessary but not enough; the Board also weighs the risk and the personal circumstances.

How often can I visit?

Normally twice a week in the visiting room, and at least once a month a vis a vis, plus family and family-living visits.

What if he or she is seriously ill?

They may qualify for special parole (art. 91 Criminal Code), but the illness must be proven with medical reports.

What is a court-appointed lawyer and what is free legal aid?

They are two different things, and they are often confused.

a) The duty-lawyer scheme (turno de oficio) is the service through which the Bar Association assigns a lawyer to someone who doesn’t have one. It is a way of appointing a lawyer, not a guarantee that it is free.

b) Free legal aid is a right granted according to your income. Only if it is granted does the State pay the lawyer.

c) If a duty lawyer is assigned to you and you don’t qualify for free legal aid, you pay the fees.

d) You can always choose a lawyer of your own. If you choose me, we discuss fees at the first consultation, which is free.

Can I book an appointment with you?

Yes. Free first consultation. Call me on +34 656 70 59 75 or email victorpan@icab.cat.