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Abstract

This paper analyses the means available in the Spanish Penal Code to promote the voluntary execution of positive post-criminal behaviour by those convicted during the custodial sentence, that responds to the need to protect the victim’s interests, highlighting the existence of an exceptional prison system for those convicted of organising or belonging to terrorist groups and terrorism. Secondly, this paper also discusses whether the fact that the prison sentence protects the victim’s interests serves the purpose of rehabilitating the offender or, whether it becomes an obstacle in their reintegration into society, leading to the introduction of victimological considerations only being acceptable if they do not affect this basic objective of enforcing the custodial sentence, and can therefore serve as a useful element of custodial treatment and as data to be used for judgement purposes in risk assessments that should be carried out at different points of the enforcement.