The regulation of revisable life imprisonment is under debate following the latest ECHR jurisprudence

Abstract

The Spanish legislator took the life sentence of German law as a model to regulate permanent reviewable prison, but substantially extended the review periods, which can reach 35 years. However, the Constitutional Court Sentence of October 6, 2021 declared it constitutional. On the other hand, the ECHR of October 28, 2021 established that in indefinite imprisonment a review period of 40 years violates Article 3 ECHR. Furthermore, the ECHR of June 13, 2019 stated that requiring terrorists to collaborate with the authorities to suspend it is contrary to that rule.