Article 35 CP : The following are considered prison sentences: life imprisonment malaysian phone numbers subject to review , prison, permanent localization and subsidiary personal liability for non-payment of a fine. Their fulfillment, as well as the penitentiary benefits that imply a shortening of the sentence, shall be in accordance with the provisions of the laws and this Code.
This is a serious penalty. As indicated in the explanatory statement of Organic Law 1/2015 of March 30, "this penalty may be imposed in cases of particular gravity in which an extraordinary response is justified by imposing a prison sentence of indeterminate duration, although subject to a review regime."
Permanent revisable imprisonment: it is permanent because it applies to the subject for life, that is, it has an indeterminate duration. And it is revisable because certain circumstances arise that allow the sentence to be reviewed.
This is a closed list and life imprisonment subject to review will apply to the following crimes:
Murder when the victim is under sixteen years of age, or is a person who is especially vulnerable due to age, illness or disability (Art. 140.1.1º CP)
Murder when the act was subsequent to a crime against sexual freedom (Art. 140.1.2º CP)
Murder when committed by someone belonging to a criminal group or organization (Art. 140.1.3º CP)
Serial murders (Art. 140.2 CP)
The murder of the King or Queen or the Prince or Princess of Asturias (Art. 485.1 CP)
The murder of the Head of a foreign State, or another person internationally protected by a Treaty (Art. 605 CP)
Crime of genocide (Art. 607 CP)
Crime against humanity (Art. 607 bis)
The review regime
Before the sentence review regime comes into play, a relevant part of the sentence must be served, at least 25 years , and in the case of terrorist offences, 35 years. After serving 25 or 35 years in full , conditional release may be granted provided that the requirements of article 92 of the Criminal Code are met:
The convicted person has served 25 years of his sentence, without prejudice to the provisions of Article 78 bis.
It is classified in the third grade.
The court must take into account the personality of the convicted person, his background, the circumstances of the crime committed, his conduct during the serving of the sentence, his family and social circumstances, in order to establish the existence of a favourable prognosis for social reintegration. It must take into account the evaluation of the progress reports issued by the penitentiary centre and by the specialists that the court determines.
In the case of crimes related to terrorism, in addition to the above requirements, the convicted person must abandon terrorist activity and collaborate with the authorities: to prevent the organization from committing other crimes, to identify, capture and prosecute those responsible for terrorist crimes, to obtain evidence or to prevent the actions of organizations to which he or she has belonged, etc.
The review regime for permanent revisable imprisonment is a mixture of ex officio and at the request of a party. The Court must review the sentence ex officio every 2 years (once a minimum has been served). A request for review may also be made at the request of a party and if the Court decides negatively, it may postpone a subsequent request.