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Prison Law: What is it?

Spanish criminal law is composed of several laws: criminal law, criminal procedural law and criminal enforcement law. Within the latter is the penitentiary law, whose objective is to apply the prison sentence to the corresponding persons, i.e., the set of legal regulations that regulate the penal measures that deprive prisoners of their freedom.

What does prison law consist of?

Penitentiary law is one of the branches of law responsible for ensuring the proper functioning of the various penitentiary institutions, as well as the execution of sentences that deprive prisoners of their liberty.

It is therefore a set of legal rules that regulate different aspects of these institutions such as organization, administration and operation among others. The main objective is to ensure that the people who are in their facilities are treated in a respectful and dignified manner during the time of their sentence, as well as to ensure their reintegration into the labor market and society once they are acquitted and free.

Likewise, penitentiary law encompasses the different degrees of seriousness of the persons who have committed the action:

  • First degree: application of closed regime, high danger.
  • Second degree: ordinary regime.
  • Third degree: open regime, low danger, they can live in freedom.

What is the purpose of penitentiary law?

Penitentiary law serves to guarantee respect for the human rights of all persons deprived of liberty, participating in the following issues:

  • Execution of sentences: regulates how sentences are executed, conditions of confinement, access to food services and health care among others.
  • Social reintegration: refers to rehabilitation programs for people who have committed crimes, such as educational, work or psychological support activities.
  • Supervision: commitment to compliance with human rights, monitoring the proper functioning of each penitentiary institution in addition to continuous inspections and evaluations.
  • Vulnerable groups: this group includes women, children, the elderly, people with disabilities or foreigners who require special attention within the legal framework.

Professional profiles in penitentiary institutions

A penitentiary institution is a center dedicated to the serving of sentences by people who have entered prison, i.e., criminals.

Each of the people who work in these institutions perform very specific tasks, which is why academic training and psychological preparation are required for this field of work. These are the main professional figures.

  • Psychologists: they evaluate the behavior of prisoners and refer them to psychiatric specialists if necessary.
  • Sociologists: participate in scientific research.
  • Criminalists: participate in investigations, trials and preparation of expert reports, among other actions.
  • Health personnel: health care for prisoners and employees of the center.
  • Social workers: resolve issues related to prisoner behavior and social relations among prisoners.
  • Educators: organize programs that involve prisoners in educational and cultural activities.
  • Wardens: maintain order and control within the facility, internally and externally, keeping prisoners and employees safe.

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