What is community service?

Work for the benefit of the community is an alternative penalty to imprisonment that consists of performing social tasks without financial compensation in return. Some of these tasks can be: maintenance and cleaning of the public highway or gardening, support in the construction and maintenance of housing, distributing food or clothes, working in animal shelters, etc.

In which cases can community service be imposed?

Community service can be imposed in two cases: on the one hand, when there is an initial penalty of a fine but, due to non-payment of the fine, community service is imposed, in which one day of subsidiary liability is equivalent to one day of community service; and on the other hand, when a prison sentence of less than 3 months is imposed, but it is decided to replace it with community service, in which one day of imprisonment is equivalent to one day of community service.

How long can this sentence last?

The length of this sentence will depend on how much you messed up by committing the offence. If it is a minor offence, you will be sentenced to between 1 and 30 days community service. On the other hand, if it is a more serious offence, you will be sentenced to 31 days to 1 year of community service. In any case, the maximum working day will be 8 hours, and it will be adjusted to the family, personal and work-related burdens that the convicted person may have.In other words, the sentence will be adjusted to the offender's timetable if the offender is working, for example.

Is the community service sentence mandatory?

No, it is not compulsory. In any case, the consent of the offender is required for it to be carried out. Therefore, an agreement must be signed stating the willingness of the offender and his or her active participation in the sentence. However, if the offender does not agree to the community service imposed, the sentence initially proposed will be imposed.

What is the procedure?

1. Once the agreement has been signed, stating that the defendant agrees with the sentence, the court will send the court decision, the sentence and the sentence settlement to the state, regional or local prison administration, as the case may be.

2. The prison administration shall carry out an assessment of the prisoner's circumstances, as well as any possible family, criminal and work-related burdens that the prisoner may have.

3. The prison administration shall assign an entity, public or private, with which it has an agreement and in accordance with the assessment made. It is also possible for the convicted person to make a proposal for a specific organisation or job that he or she wishes to do. In this case, the proposal will be communicated to the Prison Supervision Judge, who will carry out an investigation and, if it meets the requirements, it will be granted.

4. Once the institution, the work to be carried out and the timetable have been selected, the sentence will begin and will continue until the agreed time has been served in accordance with the instructions of the Prison Supervision Judge, the services for the management of alternative sentences and measures and the institution in which the prisoner is serving the sentence. 

5. During the process, the offender shall be supervised by the Prison Supervision Judge by means of reports made by the institution in which the prisoner is being held.

6. In the event of any incident, the institution will inform the Prison Supervision Judge, who will assess the situation and take a decision. The effects may vary depending on whether the sentence is a principal sentence or a substitution sentence:

- In the case of a principal sentence, the Prison Supervision Judge may decide to change the convicted person to another prison and will inform the Sentencing Court of the fact. He shall be given a second chance. However, if another incident is reported again, the Prison Supervision Judge shall consider that the offender does not wish to continue with the community service and a custodial sentence shall be imposed. The offender shall be credited with the time spent doing community service in addition to the sentence.

- In the case of substitution of a principal sentence, depending on the incidence, the Prison Supervision Judge may consider that the convicted person does not wish to continue with the community service and the original sentence will be served. The time spent doing community service will be credited to the sentence.

7. Once the sentence has been served, the offender shall be released and may continue with his or her life. However, if the same act that led to the community service is committed again, it is possible that on this second occasion the sentence will be higher, and may even go as far as imprisonment.

Is it necessary to hire a lawyer?

In criminal proceedings it is advisable that the person takes a lawyer with him/her, as he/she will do everything possible to ensure that the person concerned, if guilty, is as little harmed as possible in the process, as he/she is a legal professional.

In the process, the lawyer will explain to you in detail the different steps that you may go through in a criminal procedure, in addition to resolving any doubts that may arise at any time. He or she will also represent you at the trial and will do everything possible to ensure that you get off with the lightest possible sentence, in accordance with your situation.

However, this is a two-way activity, so the activity will not only depend on the lawyer's activity, but also on the certainty of the facts that his client shares with him. The more accurate your account is, the more successful you can be in the process.

Who carries out the supervision of the defendant in Torrevieja?

In the case of Torrevieja, the supervision of defendants who are doing community service as an alternative measure to prison is carried out by Fontcalent prison, located near the city of Alicante.

Where can I do community service in Torrevieja?

As mentioned above, the assignment of the entity in which the convicted person can do community service is made by the state, regional or local administration. However, it has also been said that the convicted person himself can make his own proposals, so it is advisable to know some entities in which he can do them.

In the case of Torrevieja, some of them are:

- Caritas.

- Red Cross.

- Street cleaning.

- Bricklaying.

- Gardening.

- Museums and municipal buildings.

In conclusion, community service is an alternative penalty to imprisonment in which defendants have to carry out social activities. In the process it is advisable to hire a lawyer, as in addition to advising you in the process, he will be your representative and will try to impose the lightest possible sentence.

At Audacia Abogados we can help you in the legal proceedings, so if you are interested please do not hesitate to contact us.