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The defence continues after the sentence.
We study serving sentences, suspending sentences, paying fines, their possible fractionation and the civil liability. A request must be accompanied by documentation to assess the specific situation.
The fractionation needs authorization and compliance with the schedule. The suspension of the sentence is subject to requirements and conditions; the file for compliance does not amount to a acquittal.
Understanding to Decide
Anonymised case study
A judgment based on agreement to the prosecution case was issued in a driving procedure under the influence of alcohol. Subsequent documentation includes a request for payment of the fine.
Anonymised case study
The execution of a sentence for driving under the influence of alcohol reached its stage of enforcement.
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After a judgment based on agreement to the prosecution case for an offence against public health, it was examined whether the execution of the custodial sentence should be suspended.
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A driving charge under the influence of alcohol was processed as a quick trial. The accused person was informed of its consequences prior to compliance.
Anonymised case study
Following a sentence for road safety offences, an arithmetical error in the duration of a sentence and an omission concerning the fine quota were detected.
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A quick trial examined the driving of a vehicle by a person who had never obtained a permit. The prosecution requested a criminal fine.
Anonymised case study
A trial of robbery with violence ended with compliance. In addition to setting the penalties, the court examined individually whether the prison of each convicted person should be suspended.
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One judgment concerned both driving under the influence of alcohol and refusal to provide evidence. A subsequent order corrected omissions and specified the offence to which each sentence corresponded.
Supreme Court · Second Chamber
Supreme Court · Second Room · 2026
The court rejected a request to split a driving disqualification into separate periods. The penalty must run continuously; the law does not provide intervals during which the person may resume driving.
ECLI:ES:TS:2026:431
Read moreSupreme Court · Second Room · 2023
The Supreme Court upheld refusal to combine sentences because the chronological requirement was not satisfied. It examined the dates of the offences and the judgments proposed for combination.
ECLI:ES:TS:2023:355
Read moreSupreme Court · Second Room · 2023
The Supreme Court revised the degree of mitigation for undue delay and applied the more favourable sexual-offences reform when setting the penalty. Correcting the mitigation increased the sentence imposed by the lower courts.
ECLI:ES:TS:2023:1556
Read moreAnswers to guide you
18 Brief answers with references to official regulations.
No. Suspension requires a reasoned decision and meets its requirements. The length of the sentence is not the only valuable element.
It means putting their execution on hold under conditions and for a period of time. It does not amount to a acquittal or remove the background immediately.
Consult this service ↗See FAQ ↗The competent judicial body, by reasoned decision and in accordance with legal requirements and personal and factual circumstances.
Consult this service ↗See FAQ ↗Yeah. Prohibitions, duties and benefits may be established in the circumstances envisaged. You must know exactly the content of the resolution.
Consult this service ↗See FAQ ↗The regime may be modified or the suspension revoked according to gravity and legal circumstances. It is not appropriate to ignore any court order.
The law requires valuing its requirements and the incidence of the new crime in the forecast of suspension. It must be resolved judicially.
The judge may authorize deferred payment within legal limits and in accordance with the situation of the convicted person. It must be asked and justified.
It should be fixed on the basis of the economic situation, assets, income, obligations and family burdens. It is important to provide verifiable data.
The law allows to review quotas or deadlines in the face of a relevant economic change, after the corresponding inquiry. It is not automatically modified by failing to pay.
Subsidiary personal liability may be generated in legal cases, after consideration of the non-payment and urgency. It does not amount to an ordinary civil debt.
Yeah. The Spanish Criminal Code provides that they cannot be imposed without the consent of the convicted person and regulates their conditions of execution.
No. An occupational or medical incidence must be communicated and justified by means of execution. Non-compliance can have consequences.
Yeah. Satisfaction or commitment of payment according to economic capacity is relevant in the terms of article 80.
No. Accumulation and its limits require examining dates of facts, judgments and rules of compliance. It is not a simple sum or voluntary unification.
Not necessarily. The Spanish Criminal Code sets limits and exceptions; moreover, the calculation of benefits may have different rules.
Consult this service ↗See FAQ ↗In legal cases, with assessment of proportionality and circumstances such as arraigo. It is not a uniform consequence of any conviction.
Not necessarily. Extinction of sentence does not by itself eliminate the pending civil liability derived from the crime.
Consult this service ↗See FAQ ↗The final judgment, liquidations, requirements, suspension orders and payment or compliance supporting documents allow to identify obligations and deadlines.
Spanish Constitutional Court
Violation of the right to criminal legality in relation to the rights to effective judicial protection and to personal freedom: judicial decisions that do not satisfy the canon...
Read moreSpanish Constitutional Court
Violation of the right to effective judicial protection (motivation) in relation to the rights to personal liberty and due process: revocation of the suspension of the sentence of ...
Read moreSpanish Constitutional Court
Violation of the right to effective judicial protection in relation to the rights to liberty and to criminal legality: unreasonable application of the doctrine on criteria for ...
Read moreJudgment has been given. Is the legal work over? Enforcement determines how the sentence is carried out and which conditions must be respected.
Read later court decisions and keep notifications. Payments, prohibitions, directions and dates need checking. If a custodial sentence is suspended, its conditions matter: suspension does not simply make the conviction disappear.
If a fine is difficult to pay, seek timely advice about whether instalments can be requested and how to document your finances. Do not stop paying without addressing the issue or ignore court directions. The consequences of non-payment depend on legal requirements and the court's decisions.
At penal.info, we review the enforcement stage and available steps. Bring the judgment, proof of compliance and all court communications. A clear timeline helps avoid mistakes with further consequences.
Book an appointment with María Morales at penal.info.
Time to listen
Consult with María Morales Elbaz, lawyer in Madrid.