The law of “only yes is yes”
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Judges from the three Criminal Divisions of the Bizkaia Court met this Friday to consolidate the criteria for requests for reduced sentences for sexual offenses to be submitted under the Comprehensive Guarantee of Sexual Freedom Act.
Euskaraz irakurri: Bizkaiko Auzitegia Fiskaltzaren irispidetic aldendu da, eta ofizioz berrikusiko ditu zigorrak, kasuz muscle
this Biscay Audience agreed to review the penalties on a “case-by-case basis” and, based on the new law, ‘only yes is yes’, it considered that it was not possible to apply the provisional provisions of other laws to the requests for reduction of sentences and therefore drew a boundary. criteria recently established by the State Attorney General’s Office.
Judges from the three Criminal Divisions of the Bizkaia Court met this Friday. combine the criteria Regarding requests for reduced sentences for sexual offenses to be submitted under the Law on the Comprehensive Assurance of Sexual Freedom.
The minutes of the Board of Magistrates of the Bizkaia County Court state that “in the absence of a transitional rule in the new law, the Board is not appropriate to comprehensively apply a transitional rule stipulated in another law.”
Therefore, given the examination of all convictions of sex offenders, The law of “only yes is yes”He 20 people have already applied in Euskadi Penalties given to imprisonment until final release, excluding the sentences decided to stay the execution pursuant to Article 80 of the Penal Code”.
The Provincial Court will issue a joint referral to the parties so that they can decide on the reconsideration of the sentences. In the processing process, efforts will be made to avoid “useless procedures that may harm him/herself” for the victim, not himself.
Regarding the examination criteria, the judiciary explains that they will be examined on a case-by-case basis in accordance with the general principles of criminal law. Likewise, there are the same appeals against the sentence under review against the decision to reconsider the sentence.
The Gipuzkoa Court, on its behalf, convened its own criminal chambers on December 1, but Álava will not do so because there is only one criminal chamber.
TS has several objections on its table against the sentencing for sexual offenses of convicts demanding that the amendment introduced by the Organic Law on the Comprehensive Guarantee of Sexual Freedom be taken into account. penalty reduction, That’s why the Criminal Division is expected to pass a verdict in the coming weeks, also known as the “Only yes is yes” law.
The supreme court will enter for the first time to review a criminal penal reform. sexual abuse almost disappears involving the minor in aggression with a range of punishments that are lower than what is available when there are two differentiated offenses.
Since 7 October, when the law went into effect, judges and courts have already reviewed dozens of sentences and reduced at least 11 sentences for sexual misconduct, leading to the release of five people.
In the midst of the debate over the review of penalties for sexual offenses in the implementation of the “only yes is yes” law, the Supreme Court To be reviewed on November 29 counter sources Decision of the Arandina caseA former Arandina Club de Fútbol player was seen acquitted after serving a previous 38-year sentence, and the sentences of the other two were reduced to 3 and 4 years when the judges saw sexual harassment and non-aggression.
The Supreme Court Prosecutor’s Office argues that former Arandin football players who have been convicted of sexually assaulting a child under the age of 16 cannot benefit from the law in question.
President of the Basque Country’s High Court of Justice, Inaki SubijanaHe warned that the Supreme Court may interpret the “Only yes is yes” law differently, and thinks the Prosecutor’s Office upheld the transitional provisions that guided both the 1995 penal code and all the major reforms that occurred in 2003, 2010 and 2015.
However, he warns that the order of the prosecutor’s office is “not binding” for the Court of Cassation, so it would have the authority to make a different interpretation.
According to Subijana, the Basque Country state courts have 10 cases to review, and he guarantees the courts will open a few more cases. It confirms that although judges are already meeting to consolidate the criteria to ensure “legal certainty” without waiting for the Supreme Court’s decision, none have yet been decided.
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