Spain

Criminal Code

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 6. COMMON PROVISIONS

Article 58

1. The term of pre-trial custody shall be fully credited by the Judge or Court of Law sentencing to serving the punishment or penalties imposed in the case concerning that for which such custody was ordered, except when it has coincided with a custodial sentence imposed on the convict in another case, which has been settled, or is due to be settled thereon. In no event may the same period of pre-trial custody be credited to more than one case.

2. Crediting pre-trial custody in a case other than the one for which it was decreed shall be ordered at the Court’s own motion or at the request of the convict and following verification that it has not been credited to any other case, carried out by the Penitentiary Parole Board Judge of the jurisdiction to which the penitentiary centre where the convict is located is assigned, after hearing the Public Prosecutor.

3. Crediting pre-trial custody served in another case shall only be appropriate when that preventive measure is subsequent to the criminal acts that caused the punishment intended to be settled.

4. The preceding rules shall also be applied regarding deprivation of rights ordered on a preventive basis.

Keywords

Reduction of national sentence following pre-trial detention - national proceedings



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