In Spain, community service (trabajos en beneficio de la comunidad) is not simply a way of saying that the court thought the offence was unimportant. It is a recognised criminal sentence and can be imposed instead of, or in connection with, imprisonment in circumstances provided by the Penal Code.
Why would a court impose community service rather than prison?
There are several possibilities.
1. The offence itself allows a non-custodial sentence.
The court may impose community service where it is one of the legally available penalties.
2. A prison sentence may be suspended and community service imposed as a condition.
Article 84 allows a court to make suspension of a prison sentence conditional on, among other things, carrying out community service. The amount is determined by the judge and cannot exceed the equivalent of one day of community service for each day of the suspended prison sentence, subject to a maximum of two-thirds of that sentence. BOE
3. The court may consider the circumstances of the offender and offence.
Factors can include the nature of the offence, the person’s circumstances, conduct and efforts to repair the harm. Community service is therefore not necessarily an indication that the court did not regard the conduct as serious; it may reflect how the particular sentence was legally structured.
How long can community service last?
Under the Spanish Penal Code, community service as a criminal penalty is generally classified as:
1 day to 1 year, with community-service penalties of 31 days to 1 year classified as less serious and shorter periods as minor penalties. BOE
But there are two different things to distinguish:
| Situation | What determines the amount? |
|---|---|
| Community service imposed directly as a sentence | The court’s sentence |
| Community service linked to suspension of imprisonment | The judge determines it under Article 84’s limits |
| Community service replacing another sentence | The relevant statutory conversion rules and the court’s order |
How quickly must it be completed?
There isn’t one universal rule such as “all community service must be finished within 30/60/90 days.”
The actual schedule and period for completion are set during execution of the sentence, taking account of the court’s decision and the practical arrangements made by the sentence-management authorities.
Each day’s work cannot normally exceed 8 hours. The work is unpaid and is supervised through the penitentiary sentence-management system. BOE
So, for example, 80 hours does not necessarily mean 10 consecutive eight-hour days. The work may be spread over a longer period according to the approved schedule.
What happens if the person simply doesn’t do it?
This is important.
The sentence is supervised, and significant non-compliance is reported to the Juez de Vigilancia Penitenciaria. Spanish law specifically provides for reporting matters including a voluntary failure to attend for at least two working days, as well as other serious or persistent failures to comply. BOE
That means community service is not optional once the person has accepted the sentence and the court has ordered it.
In the context of an abuse conviction
Convicted of domestic or interpersonal violence received community service rather than prison, the exact judgment matters enormously.
What the judgment says:
- trabajos en beneficio de la comunidad as the principal sentence;
- a prison sentence suspended on condition of community service;
- the number of days/hours ordered;
- the period within which it had to be completed;
- whether a victim-protection order was also imposed;
- and whether the judgment was subsequently breached or the community service was never completed.
Those details can change the legal significance considerably.
A sentence of community service is still a criminal conviction; it does not mean there was no criminal punishment. Spain’s Penal Code expressly treats community service as a criminal penalty. BOE
