The suspension of the enforcement of the sentence in public corruption crimes

Abstract

This paper analyses whether the changes introduced by the LO 1/2015, of 30 March, in terms of the suspension of the enforcement of the prison sentence allow different criteria apart from those of special prevention to justify the granting or denial of this; in particular, in cases of convictions for crimes of public corruption, it is questioned whether the denial of this benefit is justified by the fact that the seriousness of the crime or crimes is not reflected in the sentence finally imposed as a result of the application of certain mitigating factors or the end of the proceedings by agreement.