Supreme Court examines Arandina case in full dispute over ‘law is yes’

The Criminal Chamber convenes to discuss and decide on the objections of the prosecutor’s office and two persons convicted against the decision. Castilla y Leon High Court of JusticeHe Significantly changed what was previously published by the Burgos Court.

This is one initial appeals appeals, where the court will examine how it affects the Comprehensive Assurance of Sexual Freedom Actor just yes law is yes to a review of penalties for sexual offenses.

From this week, The Supreme Court has several appeals from convicts seeking to lower their sentences based on this rule.although the high court sources make it clear It is necessary to go on a case-by-case basis, and consolidation of doctrine will affect a small part of the procedures.because, according to the new legislation, the reduction of the maximum penalties cannot be avoided.

But in the case of La Arandina the opposite happens because here The prosecution has requested that the sentences be increased to 10 years for Carlos Cuadrado “Lucho” and Víctor Rodríguez “Viti”, who were sentenced to four and three years in prison.respectively, a petition that he maintains after the new law comes into force.

After examining the new series of penalties introduced by the law, which leads to a reduction in some sentences given to sexual offenders, the prosecutor’s office, according to the norm that abolishes the crime of sexual abuse, the facts constitute a sexual assault against a child under 16 years of imprisonment which carries a sentence of 6 to 12 years therefore maintaining the claim for 10 years.

Superior corrected the Burgos Court

In December 2019, The Burgos Court sentenced each of the three former football players to 38 years in prison. Arandina Football Club -Carlos Cuadrado “Lucho”, Víctor Rodríguez “Viti” and Raúl Calvo- for sexually assaulting a minor on November 24, 2017.

However, when the decision is examined; The High Court of Justice of Castilla y León completely excluded the youngest from liabilityRaúl Calvo and It reduced Cuadrado’s sentence to four years in prison and Rodríguez’s sentence to three years, presuming they were responsible for sexual harassment, not assault..

he did it because did not consider the existence of mobbing to be proven – at that key moment to contemplate sexual assault – he labeled the acts as sexual abuse, with a mitigation of the age and maturity of the accused and the victim. The debate over whether this mitigation should be applied will be key in the Supreme Court.

Indeed, the Prosecutor’s Office believes that the new law would not mean a reduction in the sentences already imposed, as the application of the said mitigation would allow sentences of 2 to 2 prison terms if the Supreme Court did not allow an appeal. years 3 months and 4 years 6 months so that “4 and 3 years imprisonment are equally proportionate”

Like the prosecution, the defense of the three defendants and the two special prosecutors, the complainant’s representatives and the Clara Campoamor Association did not change their demands in the examination of the sentence and will be affected by the ‘only yes is yes’ law in one sense or another.

Thus, while the defenses insisted on acquittal, the defendants The special prosecutor’s office will seek the preservation of the 38-year prison sentence originally given by the Burgos Court to the three defendants..