Regulation of Imprisonment in Spain

The article presents studies of one of two main documents on the Spanish prison system, the Decree of 1981. The aim of the article is to acquaint the Russian-speaking reader with the peculiarities of the legal regulation of imprisonment in Spain and to offer acceptable ways to improve the penal laws in Russia. The research methods are statistical, comparative legal, and systematization. The Decree has several chapters: general provisions, general organization, prison regime, separation and classification, prison treatment, permits for departure, special forms of the execution of punishment, parole and prison privileges, assistance to prisons, promotions and penalties, organization of prisons, the economic and administrative system of prisons. The Decree has similarities and differences with Russian laws in terms of legal technique and content of regulated social relations. The important features revealed in the study are as following. (1) Classification into different prison regimes. There are three degrees of prisoner status (1st, 2nd and 3rd) which entail three corresponding prison regimes. In open-regime prisons, conditions of semi-freedom are established. In closed system (the most severe form), convicts live in isolation from society. Prisons set different conditions. (2) Content of the activities of the prison. The Decree is based on the concept of reformation aimed at correctional education so that the observation of the personality of each prisoner should help identify the best individual path for them to be reintegrated in the society. (3) Structure, organization and control of the prison. The prison consists of sections, blocks, departments, that distribute and divide prisoners by sex, age, criminal past, needs for correction. Currently, preference is given to the so-called multi-purpose institutions, within which various sections, units and offices are established that function both as places of pre-trial detention and as institutions for the execution of sentences. The supervisory judge is the main body responsible for supervising over prison activities. The Decree details provisions of the 1979 Organic Law, but has a significant number of references to other acts. The style and content of the Decree are in line with international documents. The penitentiary classification is formulated (the principle of scientific individualization), it differs from the progressive system. The Decree details the powers of the judge in sentence execution, which demonstrates their broad participation in criminal cases. The experience of Spain is of cognitive and practical interest. While improving the Russian penal laws, it is advisable to pay attention to prisoners associations, prison classification and individual correction programs.

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