In line with the news published by Lucía Cabanelas, a journalist from Diario ABC, echoing the premiere of the documentary series "Muros" by @movistarplus+, at Summons Abogados we delve into and emphasize the importance of Penitentiary Law and the need to respect the principles of reeducation and social reintegration of prisoners in our country.

In this regard, we take the opportunity to inform that on March 15th, the Penitentiary Surveillance Court No. 1 of Palma de Mallorca issued two orders partially upholding the appeals filed by @Summons Abogados against the resolutions of the Subdirectorate General of Penitentiary Treatment and Management that agreed to the initial classification in the second degree of our clients. According to the resolutions, despite the recent imprisonment, the low assumption of criminal responsibility by the convicts, and the existence of pending criminal cases, including non-final convictions, we successfully argued that factors such as the existence of a normalized social environment, family support, or their age made them deserving of the application of this flexibility regime upon entry.

The Magistrate has entirely revoked the resolutions and has agreed to apply to the convicts the so-called flexibility regime of Article 100.2 of the Penitentiary Regulation.

So, what does this mean?

In accordance with Article 74 of the Penitentiary Regulation, after their admission to a penitentiary center, convicts are classified into different grades, each assigned a specific regime of sentence execution:

Those classified in the first degree are inmates who exhibit extreme danger or clear maladjustment. These prisoners are subject to the closed regime, characterized by isolation from the rest of the inmates, limited communal activities, and increased control and surveillance.

Generally, inmates are classified in the second degree, subject to the ordinary regime. This ordinary regime also applies to unclassified convicts and to detainees and pretrial prisoners.

Finally, those convicts who meet certain characteristics, such as serving a specific part of their sentence and showing positive evolution, are classified in the third degree, subject to the open regime, whose main objective is the full and progressive reintegration into society in freedom, with the inmate enjoying a relaxation of control measures, minimizing the hours spent in the penitentiary center.

However, there are exceptions to this rule, among which is precisely the flexibility regime of Article 100.2 of the Penitentiary Regulation.

In this compliance regime, aspects characteristic of each of the penitentiary grades can be combined so that second-degree inmates can benefit from elements of the third degree and first-degree inmates from elements of the second degree.

The objective of this flexibility is twofold: on the one hand, to facilitate a more personalized treatment tailored to the individual circumstances of each inmate, promoting their positive evolution; on the other, to optimize security and order within the penitentiary establishments by allowing a more dynamic classification that can adapt to changes in the behavior and treatment needs of the inmates.

It is an exceptional measure, having been applied in well-known cases such as that of Iñaki Urdangarin (the ex husband of Princess Cristina of Spain, the sister of King Felipe VI) or certain convicts from the Procés.

Article 100.2 of the Penitentiary Regulation allows for the flexibilization of the penitentiary classification of inmates to the point of being able to leave the center to work without yet having an open regime.

In practical terms, this provision acts as a mechanism that allows inmates to partially enjoy the benefits associated with the semi-freedom regime corresponding to the third degree, without the need to be formally classified in such a category; being a preliminary step to subsequently requesting the third degree.

Ultimately, this case shows that we should not view the regime of penitentiary establishments as something rigid and immovable, as they are designed to adapt to the needs of each inmate and to achieve the goals of reeducation and social reintegration enshrined in Article 25.2 of the Spanish Constitution.

In our role as lawyers, we must remember that our work does not end with the issuance of a convicting sentence; we must accompany the convict through that difficult stage brilliantly depicted in the recent documentary premiered by Movistar Plus+.