I have a criminal trial, will I go to prison? - Sagué Abogados penalistas
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I have a criminal trial, will I go to prison?

I have a criminal trial, will I go to prison?

This is the question that any person asks himself when he has a trial date and the Public Prosecutor’s Office or the Private Prosecution requests that, if the facts are considered proven, a prison sentence be imposed on the accused.

So how do you assess the likelihood of going to prison?

To answer this question we must several aspects should be taken into account, especially whether or not we have committed any other similar offenses for which we have already been convicted and, if the sentence you are seeking the charge is less than two years imprisonment.

These circumstances are fundamental to find out if, in the event that we are convicted, we may be eligible for the benefit of the of the suspension of the prison sentence, i.e., that we do not have to serve it.

Article 80 of the Criminal Code establishes that the Judges may suspend the execution of prison sentences not exceeding two years, when it is reasonable to expect that imprisonment is not necessary to prevent the convicted person from committing future crimes.

In other words, in order for us to be able to In order to apply this benefit of suspension of the sentence, we must comply with, as minimum, the following requirements:

  1. That we have not been previously convicted of similar offenses.
  2. That the sentence, or the sum of the sentences imposed, does not exceed two years of imprisonment.
  3. To have satisfied or committed to satisfy the civil liability, that is to say, to repair the damage caused by the commission of the crime. Our efforts to repair the damage we may have caused with our actions will also be valued exceptionally.

In the case of not being our first offense, and exceeding the penalties that have been imposed on us the two years of imprisonment, exceptionallyThe judge may also apply the benefit of suspension if our personal circumstances, the nature of the act, the conduct, and in particular, the effort to repair the damage caused, make it advisable.

It is very important to keep in mind that during the period during which the sentence is suspended (in most cases, it is usually agreed upon) a period of two years), the convicted person is conditioned not to commit any crime of a similar nature, otherwise the suspension would be lifted and he would have to go to prison to serve the sentence, with the addition, logically, of the penalty for the commission of the new crime .

Even the commission of a misdemeanor during the suspension period, would also fall within the grounds for revocation. of the benefit of suspension of the sentence. Notwithstanding the foregoing, it shall always whether both offenses are of the same nature, i.e., whether they are of the same nature, i.e., whether they form part of the same type or family of offenses, as well as the expectations about the possible commission of future crimes by the convicted person.

Finally, it is important to emphasize that the Judge will also may make the suspension of the prison sentence conditional on the fulfillment of certain duties and obligations by the convicted person when it deems it necessary to avoid the danger of committing new offensesThe sentence is suspended if, during the period of suspension, the convicted person must comply with any of the obligations set forth in arts. 83 and 84 of the Penal Code, among them, the prohibition to approach the victim or his relatives, the obligation to appear personally and regularly before the judge or court, the obligation to participate in training courses or even the performance of work for the benefit of the community.