Achieve a criminal conformity

Criminal conformity

Criminal conformity or “sentencia de conformidad” is a judicial mechanism that allows the criminal procedure to be terminated prematurely, without the need for an oral trial to be held at Court.

This resolution enables the parties to reach an agreement that contemplates a reduction in the sentence (1/3), in exchange for the accused recognizing the criminal acts and admitting to be guilty, in order to avoid carrying out the oral trial at Court.

One of the most discussed doctrinal debates is about if criminal conformity can be equivalent to the acquiescence of civil law, but the truth is that the criminal process is governed by the principle of legality and the parties are not owners of the litigation (object of the process). Nevertheless, The Supreme Court settles all discussion under the sentence 1051/1990 of June 17 1991, where was disposed that: “Criminal conformity is an institution able to finish the criminal process based on utilitarian reasons or procedural economy, avoiding the realization of the oral trial act, and consequently taking of evidence aimed at demonstrating the guilt of the accused act. This has always been understood by doctrine and jurisprudence, which does not reach an exact comparison between both modalities of termination process, allowing, in the case of conformity in the criminal process, a sentence considered fair to be issued.

Criminal conformity as a judicial mechanism cannot be incorporated in all different types of criminal process, only in criminal process where requested sentence is not more than 6 years of prison or is a correctional penalty. Criminal conformity is also applicable to abbreviated criminal process, summary criminal process and trials by the jury court.

It’s really important to know about criminal conformity does not always lead the suspension of sentence, which is only possible if the sentence does not exceed 2 years in prison and always under condition that the convicted person does not commit any crime during the suspension time.

Suspension of execution sentence

The suspension of execution sentence is regulated in accordance with article 80 of the Penal Code, in this way:

  • The convicted person has committed a crime for the first time. For these purposes, convictions for reckless or minor crimes are not counted, criminal records that have been canceled or could be canceled, or those derived from crimes that have no relevance in terms of the possibility of committing future crimes.
  • The sentences imposed does not exceed 2 years.
  • Civil responsibilities have been satisfied.

If you are facing a criminal process on the Costa del Sol and need professional advice to assess a possible sentence conformity, contact us and our criminal lawyers in Marbella will help you.

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Source: Criminal Prosecution Law article 800

The suspension of the execution sentence in the penal code Article 80