Abstract

CAMPOS-HELLIN, Rodrigo. The open institution system in Spain as the access path to an expulsion following the reform of Organic Law LO 1/2015. Rev. Crim. [online]. 2017, vol.59, n.1, pp.105-116. ISSN 1794-3108.

The application of both third grade institutions and probation/parole to foreign offenders after the reform introduced in art. 89 of the Spanish Criminal Code by organic law la LO 1/2015, in order to make clear that we are facing an amendment that uses both tools as access paths to the expulsion/deportation of foreign offenders, in lieu of useful ways for their reintegration. For this purpose, it was necessary to begin studying the decline suffered by social reintegration in Spain due to diverse legal measures that legislator have been adopting, particularly since year 2003, as well as the analysis and construction of Spanish Provincial Court judgments, in favor of getting to know those criteria following the application of conditional release/probation/parole and the third grade to convicted foreigners. The conclusion reached is that we are dealing with measures that are neither nor keen on the social reintegration of foreign offender, since in lieu of being used to reinsert them into society, they serve to put their expulsion into practice.

Keywords : Parole/probation; rehabilitation of the sentenced/convicted individual; substitution for prison sentence; foreigners as victims; criminal code (Source: Tesauro de política criminal latinoamericana - ILANUD)..

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