What are accessory penalties?

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Along with the main penalties, the Penal Code provides for the imposition of another type of penalty: the accessory penalty . In this post we explain what this type of penalty consists of and for what cases it is established. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What do accessory penalties consist of? Accessory penalties are those that, not being those expressly contemplated for a crime (that is, the main penalties), are also imposed when certain crimes are committed because they are provided for them. That is, each crime that is regulated in the Penal Code carries a penalty, which is the main penalty. Along with these penalties, there are others that must or can be imposed (depending on the case) also in these crimes, which are accessory penalties.

Where are accessory penalties regulated? These types of penalties are regulated in the Penal Code, between articles 54 and 57 , although this law also refers to them in other articles. What types of accessory penalties exist? According to article 32 of the Penal Code , the penalties that can be imposed as main or accessory are deprivation of liberty , deprivation of other rights and the penalty of a fine . How long do accessory penaltie DM Databases last? Article 33.6 of the Penal Code establishes that accessory penalties will have the same duration as the main penalty , with the exception of what other provisions of this same law expressly provide. What are the types of accessory penalties that exist? There are two types of accessory penalties: 1. Genuine accessory penalties They are called this way because they are penalties that are imposed alongside the genuine prison sentence . They are contemplated in articles 55 and 56 of the Penal Code.



For prison sentences equal to or greater than 10 years Article 55 establishes that a prison sentence equal to or greater than 10 years will entail absolute disqualification for the entire duration of the sentence, unless this was already foreseen as the main penalty for the case. In addition, the Judge may order special disqualification for the exercise of parental authority, guardianship, conservatorship, guardianship or foster care, or the deprivation of parental authority, if these rights are directly related to the crime that has been committed. This connection will have to be expressly determined in the sentence. For prison sentences of less than 10 years For its part, article 56 establishes that in prison sentences of less than 10 years, one or more of the following accessory penalties be imposed, depending on the seriousness of the crime: Suspension of employment or public office. Special disqualification for the right to passive suffrage during the time of the sentence.