The crime of breach of sentence

The crime of breach of sentence punishes those who fail to comply with the sentences that have been imposed on them. It is a crime against the administration of justice, which is what protects the effectiveness of the sentences handed down by the courts.

What is the breach of sentence?

The breach of sentence is the voluntary and willful infraction of the sentences.

Also included in this category is the violation of precautionary or security measures imposed by a court.

If the victim of a crime protected by an order consents to the breach of it, this does not affect the imputation of the crime that is made to the obligor by the measure or penalty in question.

The breach of sentence according to the penal code

This crime is described in articles 468 to 471 of the Penal Code.

The criminal type punishes whoever, while deprived of liberty, breaks his sentence, to a prison sentence of 6 months to one year.

The same penalty is provided for those who disobey restraining orders or communication prohibitions referring to partners, close relatives or especially vulnerable people.

For the rest of the cases, the penalty of a fine of 12 to 24 months is foreseen.

We want to emphasize that it is also considered a crime of violation to disable or manipulate the technical devices that have been put in place to control compliance with the sentences, security measures or precautionary measures imposed.

Article 468 collects:

1. Those who violate their sentence, security measure, prison, precautionary measure, driving or custody will be punished with a prison sentence of six months to one year if they were deprived of liberty, and with a fine of twelve to twenty-four months. in the other cases.

2. In any case, a prison sentence of six months to one year will be imposed on those who violate a sentence contemplated in article 48 of this Code or a precautionary or security measure of the same nature imposed in criminal proceedings in which that the offended party is one of the persons referred to in article 173.2, as well as those who violate the probation measure.

3. Those who disable or disturb the normal operation of the technical devices that have been arranged to control the fulfillment of sentences, security measures or precautionary measures, do not carry them with them or omit the required measures to maintain their correct state of operation, will be punished with a fine of six to twelve months.

Aggravated type of violation of sentence

Article 469 of the Penal Code considers the aggravated type of breach of sentence, punishable by a prison sentence of 6 months to 4 years for those who escape from the places where they are confined using violence or intimidation, force on things, or participating in a riot

Requirements for the crime of breach of sentence

There are three requirements for you to be facing the commission of a crime of violation, which are:

1. Existence of judicial resolution

In the first place, there is the existence of a judicial resolution, order or sentence, which imposes a penalty, a precautionary or security measure. It is evident that you could not break a sentence or measure that is not in force or that you have already fulfilled.

This is very important in driving license deprivations and in restraining orders and prohibition of communication, which are implemented for a finite period of time. Once they expire, or are fulfilled, they can no longer be broken.

2. Knowledge of the existence of the conviction

The second condition is reliable knowledge of the sentence or measure imposed, which must have been communicated personally along with the consequences of non-compliance.

3. Existence of spirit of breach or fraud

The last requirement is the will to fail to comply with the sentence, since situations of involuntary non-compliance may arise, which will not give rise to the crime of violation.

An example would be, when two people meet by chance and one of them has an effective communication ban with the other. If the person who has the prohibition order leaves the place to avoid contact, we would not be facing a crime of violation.

When does the crime of breach of sentence prescribe?

Violation crimes prescribe after 5 years, as stipulated in article 131 of the Spanish Penal Code.

If you have a person who violates the prohibition order against you, give us a call.