Abstract

FERNANDEZ BERMEJO, Daniel  and  MEDINA DIAZ, Olga. The prison system's benefit of granting parole in advance in Spain. Historical-evolutionary analysis of the Institution. Rev. Crim. [online]. 2016, vol.58, n.1, pp.97-110. ISSN 1794-3108.

The objective here is to analyze the historical and normative evolution of the benefit of granting parole in advance, from its origins to this day. At present it has become an essential mechanism to make sentence enforcement fulfill its special positive function translated into the resocialization of the convicted prisoner. Likewise, particular attention will be given to the limitations and constraints imposed to both parole granting and enjoyment in the past years. For this purpose, a methodology has been proposed on the basis of a study on international backgrounds of the gradual serving of sentences, and an evolutionary analysis of the Spanish criminal and penitentiary normative. The matter is approached in an analytical, descriptive and concise manner, while highlighting the persistent and even growing rigidity of the Institution's punitive regulations governing the benefit of granting an early release from prison. And, notwithstanding benefits, a century after having introduced parole in Spain the advancement of the granting of parole is being deemed to be an extreme -if not impossible- concession.

Keywords : The serving/enforcement of sentence; freedom on parole/parole; resocialization/reincorporation into society; individualization; penitentiary system.

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