|
|
Article 80 of the Penal Code regulates the legal regime for the suspension of the prison sentence. In said articles we find references to the concepts of primary offender and habitual offender. The differentiation of these two legal terms is not trivial, since it will determine the possibility of requesting or not the suspension of imprisonment for the client and the conditions for this suspension to take place. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US Primary offender concept A primary offender is understood to be a person who has committed a crime “for the first time.” Its meaning appears in article 80.2.1 of the Penal Code. 2. The following will be necessary conditions to suspend the execution of the sentence: 1. That the convicted person has committed a crime for the first time.
For this purpose, previous convictions for reckless crimes or minor crimes will not be taken into account, nor will criminal records that have been canceled, or should be canceled in accordance with the provisions of article 136. Nor will the corresponding criminal records be taken into account. to crimes that, due to their nature or circumstances, are not relevant to assessing the probability of commission of future crimes. Article 80.2.1. of the Penal Code To assess whether the crime has been committed for the first time, the following will not be taken into account: Previous convictions that were not DM Databases final at the time of the commission of the new criminal acts. Criminal records that were canceled or that were susceptible to cancellation due to the expiration of the deadlines provided for in article 136 CP (European criminal records also count, art. 94 bis CP). Criminal records for crimes committed recklessly. Criminal records for minor crimes . Criminal records for crimes whose nature and circumstances are not relevant to determine the risk of repeat crime.
Concept of habitual inmate The concept of habitual offender is provided for in article 94 of the Penal Code. A habitual offender is understood to be a person who has committed three or more crimes included in the same Chapter of the Penal Code, within a period of no more than five years and provided that he or she has been convicted of them. For the purposes provided for in section 2 of this chapter, habitual criminals are considered those who have committed three or more crimes included in the same chapter, in a period not exceeding five years, and have been convicted for it. To carry out this calculation, the moment of possible suspension or replacement of the sentence in accordance with article 88 and, on the other hand, the date of commission of those crimes that support the assessment of habituality will be considered. Article 94 of the Penal Code Relevance of this differentiation for the suspension of entry into prison The conceptual difference between “primary offender” and “habitual offender” has important effects on the system of suspension of the prison sentence provided for in article 80.2 and 3 of the Penal Code.
|
|
發表於 15:23:52