In Spanish criminal proceedings libertad provisional generally denotes “pretrial release,” or “release pending trial,” referring to the release of a criminal suspect or defendant pending the outcome of a criminal investigation or while awaiting trial. In this case a judge may order libertad (provisional) con fianza (“release on bail”) or libertad (provisional) sin fianza, a “release without bail” similar to “release on recognizance” (ROR) in the US in which the releasee promises to appear for trial at a later date. In Spain libertad sin fianza is often granted with medidas cautelares (in this context, “conditions”) such as the requirement to periodically report to the court (obligación de comparecer en el juzgado).

In contrast, libertad condicional generally denotes the early release of a prison inmate who is classified in what is termed tercer grado del tratamiento penitenciario (the minimum security level of the offender treatment program), has served at least three-fourths of their sentence (que haya cumplido las tres cuartas partes de la condena), and who has exhibited good behavior (observado buena conducta). When granted libertad conditional, an inmate is allowed to serve the remainder of their sentence in the community. In that regard, libertad condicional may perhaps be rendered as “early release” or as “parole” (the latter being defined in Black’s as “the release of a prisoner from imprisonment before the full sentence has been served”). Related terminology includes conceder/revocar la libertad condicional (to grant/to revoke parole) and violación de la libertad condicional (parole violation).

Early release can exceptionally be granted under other circumstances (supuestos especiales de adelantamiento de la libertad condicional). These include libertad anticipada por enfermedad (often referred to as “compassionate release” in English) for inmates suffering from a serious incurable disease (internos aquejados de enfermedad grave incurable), or inmates over 70 years old (internos mayores de 70 años).