Thus, the first section of the precept orders the expulsion of the foreigner as a substitute for the prison sentence when this is greater than one year. It applies to foreign citizens regardless of their administrative status of whatsapp australia contact number regularity or irregularity of residence. There is no distinction between residents, non-residents, temporary, long-term, community or non-community citizens. If you find yourself immersed in this situation, it is best to go to a law firm specialized in immigration issues such as Orlando Ochoa , lawyers who are experts in immigration and international law.
It affects any foreign citizen , but there are a series of exceptions for European citizens and this is provided for in article 89.4 of the Penal Code.
Article 89.4 CP (…) The expulsion of a citizen of the European Union will only proceed when he or she represents a serious threat to public order or public security, taking into account the nature, circumstances and seriousness of the crime committed, his or her background and personal circumstances.
Expulsions of European citizens are limited and will only be carried out:
If you have resided in Spain for the previous 10 years, this will only apply when you have committed a series of enumerated crimes, punishable by a maximum sentence of more than 5 years and there is a risk of repeat offences or when you have been convicted of terrorist offences or crimes committed within a criminal organisation.
In these cases, the provision refers to section 2 and, once the previous requirements for ordering expulsion have been met, the judge will order compliance (total or partial) of the sentence, replacing the remainder with expulsion, and in any case it will be replaced once the third degree of penitentiary treatment or conditional release has been reached.
The expulsion measure is not applied automatically, a series of criteria must be taken into account. In addition to respecting the principle of proportionality set out in article 89.4 CP, although the priority response is expulsion since only exceptionally can the judge order the execution of the sentence when " it is necessary to ensure the defence of the legal order and restore confidence in the validity of the norm infringed by the crime ."
Organic Law 4/2000 , of January 11, on the rights and freedoms of foreigners in Spain and their social integration regulates two types of administrative expulsion of a foreigner, as set out in article 57:
Expulsion is considered a sanction for certain administrative violations.
As a legal consequence of being sentenced to a prison term of more than one year.