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Crimes Against the Administration of Justice

Breach of sentence

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Reconocido como uno de los mejores abogados penalistas 2026

Joaquín Sugrañes ha sido incluido por el prestigioso directorio Best Lawyers entre los mejores penalistas de España

Abogado especialista derecho penal y defensa jurídica

The Penal Code, in its article 468, punishes with prison sentences of six months to one year, if they are deprived of liberty, and with a fine of twelve to twenty-four months in other cases, those who violate their sentence, security measure, imprisonment or precautionary measure, conduction or custody.

Joaquín Sugrañes, as a lawyer specializing in breach of sentence, has over fifteen years of professional experience in the field of criminal law, allowing him to offer you the best criminal defense in any matter related to this crime.

If you have been reported or summoned for a crime involving breach of sentence or a precautionary measure, call us. We will assess your case and inform you of all the steps to follow for your best criminal defense.

Joaquín Sugrañes has obtained numerous favorable judgments and success stories for his clients in criminal proceedings involving violation of a sentence or precautionary measure.

  • Who can commit this crime?

    All those whose rights have been limited, whether temporarily or permanently by court order.

  • What is the meaning of the verb “quebrantar”?

    Breaching means failing to comply with the terms of a court ruling, whether in whole or in part.

  • Does someone who fails to perform community service commit this crime?

    If community service has been imposed as a condition of suspension of a prison sentence, failure to comply with it does not constitute a crime of breach of sentence. Likewise, if a work plan has not been established with the inmate and, therefore, the execution of the community service sentence has not begun, some jurisprudence holds that there is no crime of breach of sentence in such cases.

  • Does someone who does not pay the fine to which they have been sentenced commit this crime?

    No. Failure to pay the fine has its own consequences, as described in Article 53 of the Criminal Code. Specifically, any convicted person who fails to pay the imposed fine voluntarily or through coercion will be subject to subsidiary personal liability of one day of imprisonment for every two unpaid daily installments. This, in the case of minor offenses, may be served by permanent confinement.

  • Can such a crime be committed recklessly?

    No, only malicious commission is possible. Therefore, the subject must have formal knowledge of the resolution being violated. It will be essential to analyze whether the interested party was duly notified of the violated resolution.

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