What is a breach of sentence?
Breach of sentence refers to the unlawful act of violating a prison sentence or measure, whether custodial or security, imposed in the criminal justice system. This transgression is a separate offence and can occur whether the individual is serving a sentence, on probation or under a protective measure.
The main purpose of the legislation prohibiting the prohibition of the breaking of sentences is to ensure the enforcement of judicial decisions and to protect the constitutional mandate to judge and enforce the judgement.
It is considered an intentional offence, which means that it requires that the person commits the action voluntarily and knowingly. Moreover, it can be committed in the degree of attempt, i.e. even if the offence is not fully consummated.
In the Spanish legal system, the breaking of sentences is regulated in Articles 468-471 of the Penal Code.
Types of breach of sentence
Basic type:
Article 468 of the Criminal Code establishes the basic type of the offence of breach of sentence. It punishes those who breach sentences, security measures, prison sentences, precautionary measures, driving or police custody. Penalties can vary from 6 months to 1 year imprisonment if the individual is deprived of liberty, or fines of 12 to 24 months in other cases.
In its paragraph 2, the same article specifically addresses cases of gender-based violence and domestic violence, where the violation of a sentence carries a prison sentence of 6 months to 1 year.
In addition, Article 468.3 considers the disabling or hindering of the functioning of technical devices for the control of penalties, security measures and precautionary measures to be an offence of breach of sentence, with a penalty of a fine of 6 to 12 months.
Aggravated type:
The offence may be aggravated if the subject breaks the sentence by using violence or intimidation. Article 489 of the Penal Code punishes the escape of convicted or imprisoned persons by using violence, intimidation or force. The penalty for these cases can be from 6 months to 4 years imprisonment.
In addition, if a public official assists in the escape, a higher penalty shall be imposed, and the official shall be punished by special disqualification from public employment or office.
Aiding or facilitating the crime:
Article 470 of the Penal Code establishes that those who assist in the escape of a convicted person, prisoner or detainee shall be punished with the same penalty as for the offence of breaking by the detainee himself. If the assistance involves violence, intimidation or is carried out by close relatives of the detainee, the penalties may vary.
Legal assistance in case of prosecution:
If you are facing a criminal charge for breaking a sentence, it is essential to have the right legal advice. Do not hesitate to contact a lawyer specialising in criminal law to receive the best possible defence. At Balaguer Bataller, a criminal law firm in Barcelona, we are available 24 hours a day, 365 days a year, to offer you the assistance you need.
