Life imprisonment, concurrent crimes and accumulation of sentences

Abstract

Eight years after its entry into force, sentences to life imprisonment subject to review continue to occur, highlighting the issues stemming from the deficient legislative technique employed by the legislator in 2015. One of the most overlooked aspects, yet posing significant challenges in practice, is the determination of the sentence effectively to be served, through judicial and penitentiary liquidation procedures that aim to establish a unified penalty subject to the scientific individualization system outlined by the General Penitentiary Organic Law. The Constitutional Court (TC), in the controversial ruling 169/2021, has built the constitutionality of this penalty around the said system. This work analyzes the problems arising in the penalty liquidation procedures, particularly in cases involving the concurrent application of life imprisonment subject to review and other custodial sentences.