Courts have already reduced at least 12 sexual abuse sentences and five have been released from prison due to the implementation of the ‘yes is yes only’ law promoted by the Ministry of Equality. Referees are expected they have to review dozens more sentences because the reform of the Criminal Code is “in favor of the prisoner”.
Legal resources Europa Press consulted, Organic Law on the Comprehensive Guarantee of Sexual Freedom 10/2022 caused the crime of sexual assault to absorb the crime of sexual abuse, which means that a crime that so far includes a more serious behavior also includes a less serious behavior, so the fork of crime has also been expanded to cover the entire spectrum of behavior. now punished as sexual assault.
Among cases of sentence review and sentence reduction, consulted sources confirmed four in Madrid, two in the Balearic Islands, two in Galicia, one in Andalusia, one in Castilla y León, one in Castilla La Mancha and one in Murcia. Of these 12 cases, five led to the release of convicts: two from the Balearic Islands, two from Madrid and one from Galicia.
The judges stated in their decision that: rebates respond to the implementation of the new law. They further stated that, although the statute did not make any clarification as to whether it would apply to ongoing proceedings or to a final sentence, the Criminal Code itself states that “penal laws in favor of the accused will have retroactive effect”.
Meeting at the Audiencia of Madrid
The Madrid courts reviewed four sentences for which prison sentences were finally reduced. In one of the cases, sentence before the law reduced to five years. In the other three, they were dropped within two years. They were released on two occasions.
Legal sources stated that the Madrid County Court is facing dozens of criminal scrutiny. The heads of the fifteen criminal chambers therefore reached agreement. The 25th will meet on Friday to “combine the criteria”.
The sources consulted emphasized that the meeting was held before the discussion that ensued as it is usual when there is a significant legislative change.
Reviews in six autonomous communities
Among the cases of reduction of sentence that Europa Press has been able to confirm, it is stated that the High Court of Justice of Murcia (TSJ) has upheld a sentence. accused of attempting to sexually assault a woman The court, however, changed the sentence because it was “more convenient” for the prisoner to apply the ‘yes-only law is yes’ law. so huh sentence reduced from 4 years 6 months to 3 years 1 day.
As a result of the law supported by equality, the Balearic Islands State Court, immediate release of two prisoners serving a three-year sentence for two sexual assaults without penetration after reviewing two cases.
on his behalf in Galicia, Ourense County Court examined the prison sentence of 3 years and 6 months given to the author for attempted sexual assault. After the examination, he reduced the sentence to 2 years and 6 months and accepted his release.
Likewise, the Galician Supreme Court of Justice within two years Man jailed for raping a woman in Cambre The person she met through the social network Tinder.
Legal sources consulted by Europa Press pointed out that in the Segovia State Court in Castilla y León, four enforceable sentences for sexual offenses were reviewed and one was amended. In this case, sentence reduced from 12 to 9 years.
Similarly, it is clear that the Andalusian TSJ rejected an appeal and reduced the prison sentence even though they had upheld the sentence – “with retroactive application of the existing norm”. a) Yes, 13 years 6 months increased from 1 day to 11 years 1 day.
TSJ status added to the list Castile la ManchaHe commuted the sentence of a man who sexually assaulted a woman in Ciudad Real. Thus, it was increased from 9 years imprisonment to 8 years.
Waiting for the Supreme Court
It should be noted that the reviews made by the referees subject to appeal and that can go all the way to the Supreme Court (TS) was summoned to the judiciary to establish a jurisprudence.
Legal sources told Europa Press that the Supreme Court will have to review the application of the law on a case-by-case basis, as the possibility of reaching Non-Judicial Agreements is eliminated from the Judicial Organization Act (LOPJ). so he couldn’t hold a meeting.
According to the cited sources, Investigations for convictions finalized before 2015 can be appealed directly to the Supreme Court.however, those referring to subsequent cases can reach the high court only when the lower-level appeal has been exhausted.
On the sidelines, other legal voices confirmed to Europa Press that there are multiple appeals on the table against the Supreme Court’s sentences for sexual offenses; The convicts demanded that the amendment driven by the ‘yes-only law is yes’ law be considered. The judges are expected to make a decision in the coming weeks..
One of the cases is a violation in Mallorca where the defense made claims seeking a reduction in sentence. This is a 12-year prison sentence given to a person. 53-year-old man sexually assaulted his underage nephew in Majorca in 2014.
The court is also expected to discuss the matter on November 29. Appeal filed against ‘Arandina case’ decisionacquitted one of the three convicted and reduced the sentences of the others to two to four and three years’ imprisonment. Sources consulted reassured that the Supreme Court dealt with the defense, prosecution and other charges so they could decide whether the ‘Yes is yes’ law would affect sentencing.
Revisions without changes
Given this scenario, other legal sources have told Europa Press that some courts have reviewed sentences and no changes have been applied yet.
At La Rioja County Court 54 penalties have already been reviewed after the law came into force, but none have been changed so far. Two requests for review have been received in the Cantabria County Court, but these have not yet been decided.
In the Extremadura case, the Cáceres and Badajoz State Courts began to examine ex officio all penalties that could be affected by the new law. At present, no cases have been identified in the province of Cáceres requiring an ex officio review of the sentence, although this can be requested by the defendants themselves.
Four new sentences
In addition to the criminal investigations, the courts began to prosecute. pass penalties in cases of sexual abuse. 4 cases have been reported so far.
According to sources consulted by Europa Press, this week the Galician TSJ applied the new sentences in the ‘yes is yes only’ law in one case, while it was applied in two cases at the Leon County Court.
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For their part, they handed down a sentence for one person at the Barcelona Provincial Court. completed rape crime. The judges warned they handed prison terms of 3 years and 10 months, which could have been up to 6 years had it not been for the Equality law.
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