BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE III
On penalties

CHAPTER I
On punishments, their types and effects

SUBCHAPTER 2. ON PUNISHMENTS DEPRIVING OF FREEDOM

Article 36

1. Imprisonment shall have a minimum duration of three months and a maximum of twenty years, apart from the exceptional terms provided in other provisions of this Code.

Its fulfilment, as well as penitentiary benefits involving shortening of the sentence, shall be applied pursuant to the terms of the laws and this of Code.

2. When the term of the prison sentence handed down exceeds five years, the Judge or Court of Law may order that classification of the prisoner in pre-release penitentiary treatment not take place until half of the sentence handed down has been served.

In any event, when the term of the prison sentence handed down exceeds five years and it is for a felony of those listed below, classification of the convict in pre-release penitentiary treatment may not take place until half the sentence has been served :

a) A felony related to terrorist organisations and groups and felonies of terrorism under Chapter VII of Title XXII of Book II of this Code ;
b) A felony committed within a criminal organisation or group ;
c) A felony under Article 183 ;
d) A felony under Chapter V of Title VIII of Book II of this Code, when the victim is under thirteen years old.

The Parole Board Judge, following an individual assessment that favours social reinsertion, and evaluating the personal circumstances of the prisoner and evolution of the re-education treatment, as appropriate, may issue a reasoned ruling, having heard the Public Prosecutor, the Directorate-General for Penitentiary Institutions and the other parties, to apply the general regime of serving sentence, except in the cases set forth in the preceding Section.