The Organic Law 10/1995 of 23 November of the Penal Code, which will enter into force on 25 May 1996, introduces in our penal system the new penalties for weekend arrests (deprivation of liberty) and of works for the benefit of the community (disenfranchised and with a penalty for the replacement of the weekend arrests).

Articles 37 and 49 of the Organic Law 10/1995, of 23 November, of the Penal Code, refer the circumstances of the execution of these two new penalties to the regulatory route, in accordance with the provisions of the Penitentiary Law, whose rules shall be applied in a manner that is expressly not provided for in that Code.

Therefore, this Royal Decree addresses the regulation of the circumstances of the execution of the penalties for the benefit of the community and of the arrest of the weekend, according to the habilitation contained in the Articles 49 and 37 of the new Penal Code.

In Chapter I, the circumstances of the execution of the penalty of works for the benefit of the community are regulated, respecting the minimum conditions laid down in the new Penal Code. The execution of the work for the benefit of the community, which will be facilitated by the prison administration, is articulated through agreements with the public administrations or with public or private entities that develop activities of public or social utility and, even, exceptionally on a proposal from the sentenced person himself, all under the conditions laid down by the Judge or Court of judgment and seeking to make compliance compatible with the normal development of the daily activities of the penalty.

In Section 1, Chapter II, the definition of the execution plan is regulated, prior to the completion of the weekend arrest penalty, in accordance with the provisions of the Judge or Court of Justice and the Court of Justice. of the penado in the penitentiary center, center of social insertion or municipal deposit of detainees where the penalty is to be served.

In Section 2, Chapter II, highlights the fulfillment of weekend arrests in individual cells and in solitary confinement with absolute separation from the rest of the inmates, without prejudice to the enjoyment of periods of time. (a) for a walk and for, where, by judicial decision, this penalty must be complied with in an uninterrupted manner, compliance with the ordinary prison regime shall be treated as possible, even if the penitentiary classification is not applied; This penalty is not suitable for treatment in a technical-penitentiary sense. The option for compliance with isolation responds to the need to avoid the risks of the criminogenic contagion of those arrested at the end of the week and to seek the fulfillment of this new custodial sentence in conditions of " no unocialization. "

In its virtue, according to the habilitation conferred on articles 37.2 and 49.5. of the Organic Law 10/1995, of 23 November, of the Penal Code, on the proposal of the Minister of Justice and Interior, previous favorable report of the General Council of the Judiciary, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 26 April 1996,

D I S P O N G O:

CHAPTER I

From the fulfillment of the work penalty to the benefit of the community

Article 1. Concept.

For the purposes of Article 49 of the Criminal Code, the provision of unpaid personal cooperation in certain public utility activities shall be considered to be for the benefit of the community, with interest social and educational value, aiming to serve as reparation for the community harmed by the criminal illicit and not subject to the achievement of economic interests.

Article 2. Determination of jobs.

1. The work for the benefit of the community will be facilitated by the prison administration. To this end, it may establish appropriate agreements with other public administrations or public or private entities which carry out public or social utility activities. In this case, they may assume the functions of management of the work, advice, monitoring and assistance of the penados, without prejudice to the supervision of the prison administration.

2. Exceptionally, in the event of no agreement or lack of capacity, the penalty may propose a specific job, even if it is not agreed with the prison administration. In this case, the prison administration after analyzing the proposal offered by the penalty will issue a report to the Court of Justice in which it will assess the same and, in particular, if it complies with the requirements laid down in the Penal Code and in this Royal Decree, in order for the Court to adopt the relevant decision.

Article 3. Court of Justice of the European

The prison administration will proceed to the effective execution of the sentence, as soon as the testimony of the resolution and the necessary individuals are sent to it, once the Judge or the Court has determined the (i) work imposed on the penalty, the duration of the penalty and the maximum period for which it is to be fulfilled.

Article 4. Interview and selection of work.

1. Received by the prison administration the testimony referred to in the previous article, the prison social services, will interview the penado to know his personal characteristics, his work capacity and the social environment, personal and family, in order to determine the most appropriate activity. In this interview you will be offered the different places with an express indication of your role and the timetable in which you should execute it.

2. In the event that it is deemed to be difficult or impossible to carry out this measure, the judge or tribunal shall be made aware of the negative factors which are present in the case of personal, social or family conditions.

3. Once the penalty has been given in accordance with the proposed work, the prison administration will raise the proposal to the judge or tribunal for the appropriate purposes.

Article 5. Working time, hours and allowances.

1. Each working day will have a maximum length of eight hours a day and a minimum of four hours. In order to determine the length of the day and the time limit within which the personal or family charges of the penalty shall be taken into account.

2. The execution of this penalty will be governed by a principle of flexibility in order to make compatible as far as possible the normal development of the daily activities of the penalty with the fulfillment of the penalty imposed. To that end, where justified cause is justified, the Judge or the Court may authorise the Court to comply with it in the same or different days and at minimum periods of two hours.

3. The performance of the work shall not be remunerated, but the penalty shall be indemnified by the entity for the benefit of which it is provided by the transport costs and, where appropriate, maintenance costs, unless the services are provided by the entity itself.

Article 6. Monitoring and control.

During the enforcement of the sentence the penalty must follow the instructions received from the competent judicial authority, as well as the authority responsible for the execution of the penalty, and the provisions of the institution for the to provide services. The penitentiary administration shall check with the necessary periodicity for the submission of the penalty, as well as for the effective performance of the work imposed, to the end of which it shall maintain regular contacts with the institution in which it is carried out, taking the measures, where appropriate, from the measures.

Article 7. Final report.

Once the working days have been completed, the prison administration will inform the judicial authority of such an extreme, as well as the vicissitudes that occurred during the execution, to the appropriate effects.

Article 8. Non-compliance with the penalty.

Prison social services, made necessary verifications, shall communicate to the judicial authority for the purposes, where appropriate, of the provisions of Article 88.3 of the Criminal Code the failure to comply with the penalty so soon. as you are aware that the penalty:

a) You will be absent from work or leave it unjustifiably.

(b) Despite the requirements of the head of the labour centre, its performance is significantly lower than the minimum required.

(c) It shall be repeated or violated in a repeated manner and shall state the instructions given to it by the person responsible for the occupation concerned with the development of the occupation.

d) For any other reason, your conduct is such that the person responsible for the work will refuse to continue keeping him in the center.

Article 9. Absences justified.

If the penalty is missing from work for justified reasons it will not be understood as abandonment of the activity. However, the lost work shall not be taken into account in the settlement of the sentence, in which the days or days that actually worked out of the total that would have been imposed must be recorded.

Article 10. General and particular information.

1. The prison administration will provide the judicial and tax authorities and the Bar Association with a general and periodic basis, and, in particular, when the latter is claimed for a specific penalty, information relating to the penalty, its form of execution and available work.

2. This information will also be passed on to all persons who are in a procedural situation liable to be subject to this penalty, who so wish.

Article 11. Social security and safety and hygiene at work.

During the performance of the activity, those sentenced to the work penalty for the benefit of the community will enjoy the protection afforded to the penados by the penal legislation in the field of Social Security and will be protected by labour law in the field of safety and hygiene at work.

CHAPTER II

From Weekend Arrest

SECTION 1 EXECUTION AND REVENUE PLAN

Article 12. Determination of the place of compliance.

1. The arrest penalty for the weekend will be served in the prison center closest to the house of the arrested or in the municipal warehouse of detainees if there is no prison in the judicial party where the penalty and the Judge or Tribunal shall agree in accordance with the provisions of Article 37.2 of the Criminal Code. If there are several penitentiary centers, the fulfillment of the social insertion center closest to your home will be preferred.

2. If there is no prison facility in the judicial party where the penalty is lodged and the Judge or Court fails to agree on compliance with the municipal deposit, the Directorate-General of Penitentiary Institutions or equivalent autonomic body shall indicate the The Court of the European Court of the European Court of

Article 13. Definition of the execution plan.

1. In the case of a court of justice, the court of justice has held a court of law for the purposes of the application of the law of the Member State of the European Union. define the execution plan.

2. In the event that the documentation submitted to the penitentiary establishment or municipal deposit by the Judge or the Court of Auditors does not result in sufficient clarity of the ends referred to in the following paragraph, the Director of the The establishment shall, prior to the definition of the plan, request the Judge or the Court for clarification.

3. The implementation plan, as defined by the Director or in charge of the municipal depot, shall contain at least the following:

(a) Data of personal identity of the penalty, of his domicile or residence, work or usual occupation.

b) Crime for which you have been convicted and number of weekend arrests imposed.

c) An express indication of whether you will have to comply with Friday or Sunday, or other days of the week, as well as the days when the execution of the sentence will be effective.

4. When planning the execution, it will be sought that the execution of the sentence will not prejudice the obligations of the sentenced person, to whose end they will be interviewed prior to the definition of the plan by the social services. The implementing proposal shall be brought to the attention of the Supervisory Judge for approval.

5. The Court of Justice has approved the plan of execution, a copy of which will be given to the penalty to be presented at the time of entry into the establishment. The persons responsible for the municipal deposits of detainees shall send a copy of the execution plan to the Directorate-General of Penitentiary Institutions or equivalent regional authority, which shall provide them with the technical advice they need for the execution of this penalty.

Article 14. Income.

1. Unless the Judge or Tribunal has provided for compliance on other days of the week with the entry of the penalty in the penitentiary establishment, or the municipal detention facility for the arrest, it shall be carried out among the eight of the Friday morning and 12 noon on Saturday. No income will be admitted from this time.

2. For the most appropriate control and best order of the establishment or deposit no income will be admitted between the twelve of the night of Friday and the eight of the morning of Saturday. If the penalty is presented in this time interval, you will be informed that you must do so at eight hours on Saturday, stating such an extreme in due diligence.

3. In the event that the penalty is filed past 12 noon on Saturday, it shall be entered in a record stating, expressly, the time at which the penalty was produced, and the reasons given by the penalty to justify the delay, being immediately referred to the judicial authority of the person who is dependent, giving a copy to the person concerned.

Article 15. Transport costs.

The expenses incurred in the transfer of the penalty to the prison or municipal detention facilities shall be borne by the prison, unless there is no prison or municipal detention facility in the party. Where appropriate, the Court of First Instance shall, in the case of a court of justice, be reintegrated by the Administration with the costs incurred by the use of any means of public transport, except that of a taxi service which shall be paid only if the absence of another means of transport is recorded. transport.

SECTION 2. COMPLIANCE WITH ARREST

Article 16. Cell identification and attachment.

1. Once the entry has been made and the penalty has been properly identified by the filing of his identity card or passport, the person in charge of the establishment will award a cell to him for his/her bed linen.

2. In the first income of the penalty for the execution of the penalty, the form provided for in Article 18 of the prison regulation will be carried out.

Article 17. Compliance regime.

The penalty will be in individual cell and in isolation, that is, with absolute separation from the rest of the detainees, prisoners or penados who can be found in the same municipal center or depot and will not be able to leave the cell except in the case that a measure provided for in Article 83.4 of the Criminal Code would have been made available to him during the period of his arrest and to enjoy the periods of walk.

Article 18. Rights of the penalty.

During the period of arrest the penalty will be entitled to:

a) Dispose of radio or television at your expense.

b) Access library and economics services.

c) Make a single phone call to the income.

Article 19. Duties of the penalty.

During the arrest period the penalty will have the following duties:

(a) Respect the internal rules of procedure laid down for this purpose.

b) Keep the cell in good condition, doing the cleaning and cleaning of the cell before dislodging it.

c) Submit to the personal hygiene measures indicated to you.

d) Maintain good behavior and abide by the instructions or orders you receive.

Article 20. Power.

The prison facility or the municipal depot of detainees, if any, will facilitate the internal rationing.

Article 21. Communications and visits.

1. During the course of the arrest, the penados will not be classified, nor will they be able to receive visits, communications or packages.

2. In the event that the arrest penalty is served uninterrupted, you will be allowed to maintain a weekly communication of forty minutes with your relatives and close associates by the general locutoriums of the center or the local the effect, as well as receiving a package a week, and making the telephone calls that the prison regulation authorizes in general for the ordinary regime.

Article 22. Disciplinary regime.

The penalty will be subject to the general disciplinary regime of the establishment, as soon as it is applied to the nature of this penalty and its form of execution. Where a repeated misconduct is observed, it shall be communicated to the Judge of the Surveillance of the Member of the Court of Justice in order to ensure that, where appropriate, the measures are taken.

Article 23. No presentation.

For the purposes of Article 37.3 of the Penal Code, the Director of the establishment shall inform the Judge of the Surveillance of the lack of presentation of the penalty in the penitentiary or municipal warehouse, as well as the presentation after 12 hours of the Saturday or the day indicated for that purpose.

Article 24. Settlement of conviction.

After the time limits laid down in the implementation plan, the Director of the penitentiary establishment or the person in charge of the deposit shall send a report to the Judge of the Surveillance on which the vicissitudes occurred during the execution, for the purpose of the final settlement of the penalty.

Final disposition first. General supplementary scheme.

In everything that is not expressly regulated in this Royal Decree, the general rules contained in the General Organic Penitentiary Law and its Implementing Regulation will apply, provided that the provisions of this Law do not incompatible with the form of compliance with these penalties.

Final disposition second. Entry into force.

This Royal Decree will enter into force on May 25, 1996.

Given in Madrid to April 26, 1996.

JOHN CARLOS R.

The Minister of Justice and Home Affairs,

JUAN ALBERTO BELLOCH JULBE