Work for the benefit of the community as a criminal sanction in Spain
| Author | Ester Blay |
| Published date | 01 September 2008 |
| Date | 01 September 2008 |
| DOI | http://doi.org/10.1177/0264550508092813 |
| Subject Matter | Articles |
Work for the benefit of the community as a
criminal sanction in Spain1
Ester Blay, University of Girona
Abstract Work for the benefit of the community as a criminal sanction was first
introduced into Spanish legislation by the 1995 criminal code. However, orders
have not been implemented as expected and the gap between the written law and
the law in action has been considerable. Regulation and implementation of orders
pose serious problems, which reflect more general trends of criminal policy and
practice in Spain. After briefly describing the regulation and implementation of
work for the benefit of the community orders, this article focuses on the main
problems they present and discusses them in the context of wider policy issues.
Keywords alternatives to prison, community penalties, criminal justice, penal
policy in Spain, unpaid work, restorative justice
Introduction
After a decade of academic and political debate, work for the benefit of the com-
munity as a criminal sanction was first introduced into Spanish legislation by the
1995 criminal code, the so called ‘criminal code of democracy’. Community service
(CS) orders may currently be used as substitutes for prison sentences, as a response
to the non-payment of fines and as penalties imposed directly for certain crimes.
Despite this wide potential application, CS orders have not been implemented as
expected and the gap between law as it is written and law in action has been
considerable. In spite of recent reforms, the regulation and implementation of
orders still poses serious uncertainties and problems, which reflect more general
trends, contradictions and shortcomings in criminal policy and practice in Spain.
Although there is abundant legal literature on these orders (Blay, 2007a;
Brandariz, 2002; Torres, 2006), little if any criminological research has been under-
taken and officially published information is scarce and incomplete; consequently,
many issues may only be raised as hypotheses requiring further research. This article
is based on doctoral research conducted between 2003 and 2006, and attempts
245
Probation Journal
The Journal of Community and Criminal Justice
Copyright © 2008 NAPO Vol 55(3): 245–258
DOI: 10.1177/0264550508092813
www.napo.org.uk
http://prb.sagepub.com
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