Community service as a criminal penalty in Spain: what it is

Community service (trabajos en beneficio de la comunidad) is one of the most common criminal penalties for less serious offences. It allows a sentence to be served without going to prison, by carrying out work of public benefit.

What is it?

It consists of unpaid cooperation in activities of public benefit. It may involve, for example, work repairing the damage caused or supporting the victims of offences similar to the one committed, or taking part in workshops or programmes of an educational, vocational or cultural nature, including road safety and sex education and other similar courses (article 49 of the Criminal Code, Código Penal, CP).

A working day may not exceed eight hours. In addition, the work may not offend the dignity of the convicted person or be made subject to the pursuit of economic interests, and the convicted person enjoys the social security protection that prison legislation provides for convicted persons (article 49 CP).

Can it be imposed without consent?

No. Community service cannot be imposed without the consent of the convicted person (article 49 CP).

When is it imposed?

• As a penalty. It lasts from one to thirty days where it is a minor penalty (pena leve), and from thirty-one days to one year where it is a less serious penalty (pena menos grave) (article 33 CP).
• For non-payment of a fine. If the convicted person does not pay the fine, they are liable to one day's deprivation of liberty for every two unpaid daily instalments. With their agreement, the judge may order that this liability be served through community service, at the rate of one working day for each day (article 53.1 CP).
• As a condition of suspending a prison sentence. The judge may make the suspension conditional on carrying out this work (article 84.1.3 CP). We explain this in our article on the suspension of a prison sentence (suspensión de la pena de prisión).

How is it served?

Once the court's enforcement order is received, the alternative penalties and measures service assesses the case, informs the convicted person of the available placements, of the duties involved and of the hours, and hears what they propose. On that basis it draws up an enforcement plan, which is sent to the Prison Supervision Court (Juzgado de Vigilancia Penitenciaria) (article 5 of Royal Decree 840/2011). That court is the one that supervises enforcement (article 49.1 CP).

If the convicted person fails without justification to attend when called by that service, this is reported to the competent court (article 5.2 of Royal Decree 840/2011).

What happens if it is not carried out?

The prison services must report to the Prison Supervision Court any significant incidents and, in any event, where the convicted person (article 49.6 CP):

• Is absent from work for at least two working days, where this amounts to a deliberate refusal to serve the sentence.
• Performs appreciably below the minimum required, despite being asked to do so by the person in charge of the centre.
• Repeatedly and manifestly fails to follow the instructions given.
• Behaves in a way that leads the person in charge to refuse to keep them at the centre.

The judge may order that they continue at the same centre, send them to another, or find that they have failed to serve the sentence. In the latter case, a record is forwarded so that a possible offence of breach of sentence (quebrantamiento de condena) can be prosecuted (article 49.6 CP).

Absences for justified cause are not treated as abandonment, but the days lost do not count as served (article 49.7 CP).

What to bear in mind

• Before consenting, it is worth checking whether the work is compatible with working and family commitments.
• It is important to attend every appointment and to document any absence.
• It is advisable to take legal advice on any problem arising during the period of service.