Until Spain's transition from dictatorship to democracy starting in the late 1970's, the criminal justice system emphasized repressive measures, including the indiscriminate use of capital punishment and imprisonment, largely with solitary confinement. The constitution has abolished the death penalty and torture, specifies proportionality of punishment, and supports the principle of rehabilitation. Prison overcrowding is a major issue and has led to constant debate about three wider issues: alternatives to institutionalization, the handling of inmates with HIV and AIDS, and the treatment of drug-dependent offenders. Although the proposed reform of the Penal Code may change the situation, the country currently lacks adequate alternatives to incarceration. Since 1983, it has been possible to conditionally release inmates to obtain drug treatment, but the many problems with this provision has made it ineffective in addressing the major problem of inmate drug abuse. In addition, AIDS and HIV have spread rapidly in correctional institutions, but seriously ill inmates endure lengthy delays before drugs release them into the community for care in ordinary hospitals. Nevertheless, the Spanish criminal justice system is currently examining its components based on a broad array of perspectives rather than the legal one alone. Tables, note, and 29 references