Read more about possible expulsion from Spain following conviction.
Following Brexit, UK individuals who are convicted of an offence in Spain may be able to have their sentence transmitted to expulsion from Spain.
Prison sentences of between one and five years
Prison sentences of more than one year imposed on a foreign citizen can be replaced by expulsion from Spanish territory.
In exceptional circumstances, the judge or court can agree to the execution of two thirds of the prison sentence.
In this instance, the individual would be expelled from Spanish territory following two thirds of the sentence or when granted conditional freedom.
Prison sentences in excess of five years
When an individual has been sentenced to more than five years in prison, the judge or court can agree to the serving of all or part of the sentence.
This also applies in the instance where an individual has multiple sentences, which together exceed five years.
The remainder of the sentence will be replaced with expulsion from Spanish territory.
This would happen once either the determined term has been served, having served two thirds of the sentence or if conditional freedom is granted.
Is expulsion automatically granted?
The judge or court will typically decide upon the granting of expulsion in lieu of the serving of all or part of the sentence.
However, in certain cases it will be necessary, following sentence, to hear the public prosecutor and legal defence prior to judging on expulsion from Spain.
If it is considered that the individual has settled in Spain and has roots, then it is possible that expulsion will not be granted.
European Union citizens
A citizen of a European Union country will not be expelled from Spain, unless it is considered that the individual represents a serious threat to public safety.
Consideration will be given to the seriousness of the crime, the individuals previous criminal record, background and circumstances.
If an individual is expelled when can they return to Spain?
An expelled individual cannot return to Spain for a period of between 5 – 10 years. This period commences from the date of expulsion from Spain.
The exact timeframe will depend upon the original sentence. The individual circumstances of the individual will also be considered.
What happens if an individual returns to Spain before the time decreed has elapsed?
Should an individual return to Spain before the period of expulsion has completed, they will have to serve the original sentence.
In exceptional circumstances, the judge or court will give consideration to the particular circumstances of the case and may rule differently.
How can GB Abogados assist?
GB Abogados have a dedicated English speaking team of solicitors to assist in all instances of criminal law cases throughout Spain.
Our solicitors have vast experience of handling cases for international clients.
Appointing a solicitor and entering communications with the court at the earliest opportunity usually ensures the best possible outcome.
Contact us today for a no obligation consultation. Our UK telephone number is 0203 137 1320.