Uslovna osuda u španskom krivičnom pravu
Suspended Sentence in the Spanish Criminal Law

Summary/Abstract: In the contemporary criminal law, a prison sentence is the basic and most important type of criminal sanctions to be imposed to the perpetrators in order to prevent and combat crime. But, apart from unconditional prison sentence, all criminal legislations also know different modalities of its imposition or execution. These are different forms of substitute or alternative sentences in cases where unconditional detention is not necessary. Thus, we can distinguish full or partial suspension of the prison sentence or some other kind of punishment. In the first case, it is about the suspended sentence. This is a complete exemption from the execution of a court decision handed down prison sentences or determined (and or other types and extent of punishment) for a specified time (checking) and under certain conditions. In case that conditionally convicted person does not meet the set of general and special, mandatory or optional requirements, criminal law provides for mandatory or optional revoke of the suspended sentence. However, in addition to the suspended sentence as a form or modality of execution of imposed prison sentences, some modern criminal laws recognize suspended sentence as a special kind of criminal penalties - as a measure of warning. A prerequisite for the implementation of these measures is the fulfilment of the formal requirements - in terms of type and duration of prison sentence, or material conditions - assessment of the court that the application of penalties in the concrete case, is not necessary because the goals (purpose) of punishment can be achieved without effective enforcement of prison sentences in whole or in part. This paper is about the concept, characteristics, conditions and methods of implementation of these forms of prison sentence suspension in the Spanish criminal law.

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