The introduction of life imprisonment in Spain: doubts about its constitutionality

Abstract

On 4th October 2013, the Draft Amendment of the Penal Code Act was published in the Spanish Parliament Official Gazette. One of its goals is the introduction of reviewable life sentences for the most serious offences. Notwithstanding, several doubts on its constitutionality are to be clarified through a deep analysis of the main issues raised: whether the life sentence could be considered an inhuman or degrading penalty, against art. 15 of the Spanish Constitution (CE) and art. 3 of the European Convention on Human Rights (ECHR); whether it could constitute a breach of the principles of legality and social reinsertion enshrined in art. 25.1 and. 25.2 CE, or; whether would violate art. 17 CE and art. 5 ECHR, as the detention must remain lawful along the time and should be subject to a prompt judicial review.