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Pérez Rojas AbogadosPérez RojasAbogadosCriminal Law

Specialisation

Prison law and post-conviction assistance lawyer

A conviction does not end the lawyer's involvement: the enforcement stage plays out before the Prison Supervision Court (Juzgado de Vigilancia Penitenciaria), and its decisions govern matters as decisive for a person deprived of liberty as their security classification, leave permits or access to parole.

The firm assists both the prisoner and their family in proceedings before the Treatment Board and the Prison Supervision Court, applying the same standard of personal direction and no delegation that governs the rest of the practice.

For someone deprived of liberty, every decision of the Prison Supervision Court directly shapes their day-to-day life — a refused permit or a grade that doesn't progress isn't paperwork, it's months or years of difference.

Scope of work

  • Appeals against security classification or downgrading
  • Applications for, and appeals against the refusal of, ordinary and extraordinary leave permits
  • Applications for parole and suspension of sentence
  • Appeals against disciplinary sanctions imposed by the prison
  • Advice to family members on communications and visiting arrangements

When to call

  • A leave permit or a reclassification has been refused
  • A disciplinary sanction has been imposed at the prison
  • The date on which third-grade classification or parole could be granted is approaching
  • You are a family member of a prisoner and need guidance on the procedure

Frequently asked questions

Before whom is the refusal of a leave permit appealed?

A refusal or revocation of a leave permit can be appealed to the Prison Supervision Court within the legal time limit, after exhausting, where applicable, the internal route before the Treatment Board. The appeal must be based on the applicable prison regulations, not merely on the amount of the sentence already served.

What is the difference between the security classification grades?

The progressive system distinguishes first grade (closed regime), second grade (ordinary regime) and third grade (open regime, compatible with outside work or training). The grade is reviewed periodically, and it directly determines access to leave permits and semi-open arrangements.

When can parole be granted?

As a general rule, once three-quarters of the sentence has been served, the prisoner is classified in the third grade, and there is good conduct and a favourable prognosis for reintegration; early access at two-thirds of the sentence and exceptional early parole under article 90.3 of the Criminal Code are also available for prisoners with good conduct and sustained participation in activities. It is the combined assessment of each requirement that decides the actual date of release.

Can a disciplinary sanction imposed by the prison be challenged?

Yes. Disciplinary proceedings must respect certain guarantees — a reasoned decision, a hearing for the prisoner, and legal assistance — and the decision can be appealed internally and, afterwards, before the Prison Supervision Court. A final sanction can also affect reclassification and leave permits, which is why it should be challenged from the outset.