Permanent reviewable prison or hidden life imprisonment
Introduction
The so -called revisable permanent prison penalleaves nobody.
On July 1, 2015, the entry into force of Organic Law 1/2015, of March 30, which modifies Organic Law 10/1995, of November 23, of the Criminal Code, of the Criminal Code, of the Criminal Code, of the Criminal Code, of the Criminal Code. Among the numerous touch -ups, reinforcements, suspensions and novelties that introduces the aforementioned law, the figure of permanent reviewable prison appears, which will become the maximum deprivation of liberty established in our legislation.
Developing
This new penalty, fills debates and is loaded with controversy, since it is a new form consisting of the entry into prison of a certain subject, commitor of one or some specific crimes, for an indefinite time, but not definitive. This would mean the imprecise and unlimited prolongation of the duration of the subject in prison, with the substantial characteristic of a review mechanism, subject to a series of particularities and the penitentiary behavior of the punishable.
The non -perpetual nature of the revisable permanent prison penal. What this absence of perpetuity does not guarantee is the exit of the subject of prison, since, obviating the duty to meet certain conditions, in the course of his sentence, he can fene without having made such revision possible.
It is precisely why criticism has not been absent, since, on numerous occasions, it has been compared with the severity that the life imprisonment carries with it, thus leaving the hardness of this penalty, to the point of puttingin question its own constitutionality.
This research project will try to study, compare and decompose the current regulation of the revisable permanent prison and thus elucidate whether it can be an adequate and necessary sanction in our criminal system or if, on the contrary, we are facing an excessive and abusive sentence.
We will analyze various issues on which doctrine and society have focused their attention, emphasizing the possible advantages and inconvenienceknowledge of the motivations that have led to the implementation of said conviction in our legal system.
We will begin by examining the implementation of this measure in other European surroundings countries to try to show the differences and similarities that exist according to the establishable permanent prison sentence in each of them, as well as their regulation. Next, we will take a historical and legal tour of the different measures adopted throughout the Spanish criminal system until today. Then the revisable permanent prison will be studied, focusing on its concept, nature and scope, as well as its duration and in the particularity of its review.
conclusion
As a term, we will focus attention on the study of the constitutionality of the penalty, considering whether it fits the principles of legality, orientation towards the reintegration of inmate, freedom and security, dignity of people, humanity of penalties, etc., which are collected in the Spanish Constitution (hereinafter CE), noting, in addition, possible controversies originated following the recent application of the penalty, together with the events that occur today.
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