El artículo 89 del código penal.

The purpose of this thesis is to study the removal of non-resident alien legally in Spain, as a legal alternative to criminal enforcement of custodial sentences, as reflected in Article 89 of the Criminal Code of 1995 in its various versions, result of successive modifications. This involves analyzing the problematic issues that arise in relation to their nature, status and implementation, offering, and while some offer alternatives to improve and remedy certain defects which presents the current wording of Article 89. And all this, considering and appreciating the history of such institutions, thus addressing the analysis of the evolution of the successive figures reflected in the pre-coding and coded in the period, as well as special laws and administrative governing the expulsion of foreign territory. It looks like this, from this perspective and the fundamental rights enshrined in the Constitution, matters relating to the expulsion of foreigners, both in its criminal, as in the government and the respective procedures. The study was approached from the Spanish criminal doctrine and jurisprudence of the Constitutional Court, Supreme Court of Hearings and the European Court of Human Rights. And he has paid particular attention to the practical problems of implementing the regulation in force, as well as the reform contained in the draft reform of the penal code and the various European Union directives after presentation of the thesis.