60 new reductions have been introduced in Andalusia, the Valencian Community, the Canary Islands, the Basque Country and Navarra Since October 7, when the reform of the Criminal Code got here into pressure, the discharge of 23 folks has been ordered The variety of instances during which the reductions are utilized It will proceed to develop because of the pending revisions in all of the autonomous communities
The variety of these convicted of sexual crimes who’ve benefited from the brand new penalty framework included within the “solely sure is sure” legislation quantities to not less than 338, between decrease sentence opinions and subsequent sentences in software of the norm . Since October 7, when the Penal Code reform got here into pressure, the discharge of 23 folks has been ordered. The final 60 penalty reductions have transpired this Monday have occurred in Andalusia, the Valencian Community, the Canary Islands, the Basque Country and Navarra.
The Andalusian Superior Court of Justice (TSJ) reviews that to this point some 64 reductions in sentences have been registered in that group in software of the Organic Law of Comprehensive Guarantee of Sexual Freedom. This determine consists of the 21 that till now have been accounted for, so this Monday 43 new instances must be added. A brand new launch can be added to the record.
For their half, within the TSJ of the Valencian Community they guarantee that they’ve already recorded 46 reductions. As the 33 that have been already registered are included, 13 new instances are added.
3 different instances are additionally added to the account: 2 computed in Álava, the place the Provincial Court lowers the jail sentence imposed on two folks convicted of crimes of sexual assault from 4 years to 2 years and seven months; and 1 within the Court of Las Palmas, the place the jail sentence of a person convicted of sexually assaulting a minor underneath 16 years of age is lowered from 12 years to 10 years.
On the sidelines, the Court of Navarra ensures that it has a brand new case during which the legislation of ‘solely sure is sure’ has been utilized for the good thing about the prisoner.
With these 60 new reductions recorded, the variety of these convicted of sexual crimes who’ve benefited from the penal reform has gone from 278 to 338 since final Friday.
reform proposal
Two weeks in the past, the Minister of Justice, Pilar Llop, regretted that the “solely sure is sure” legislation had not had “the specified results” and warranted that within the subject of transitory legislation the Government “thought that one other kind of legislation could be relevant response” in step with the proposal by the State Attorney General’s Office.
This Monday, the spokesperson for the PSOE Electoral Committee, Pilar Alegría, has assured that the parliamentary group will current a invoice “as quickly as doable” to reform the legislation of ‘solely sure is sure’ to “shut the door to negative effects”. of it and for which they hope to have the assist of their coalition companions from United We Can.
Alegría has made it clear that in no case will the “coronary heart” of the legislation be touched, the consent of the lady. From Podemos they’ve rejected any change that includes returning to the earlier legislative mannequin, one thing that she appreciates within the proposal of the Ministry of Justice within the face of “strain” from the PP and conservative sectors.
Cases by autonomous communities
As of January 30, sentence opinions and sentence reductions are confirmed in 17 autonomous communities. According to the info collected to this point, there are 64 in Andalusia, 46 within the Basque Country, 46 within the Valencian Community, 42 in Madrid, 30 in Galicia, 21 in Castilla y León, 18 within the Balearic Islands, 14 within the Canary Islands, 13 in Asturias, 11 in Catalonia, 9 within the Supreme Court, 8 in Extremadura, 7 in Cantabria, 2 in Murcia, 2 in La Rioja, 2 in Aragón, 2 in Navarra and 1 in Castilla-La Mancha.
Of these 338 instances, 23 have led to the discharge of convicts: 6 from Madrid, 3 from the Basque Country -1 by order of the Supreme Court–, 2 from the Balearic Islands, 2 from Galicia, 2 from the Valencian Community, 2 from Cantabria, 2 from in Asturias, 1 in Extremadura, 1 in Castilla y León, 1 within the Canary Islands and 1 in Andalusia.
The instances recorded right here signify a low estimate, since not all of the Supreme Courts hold an up-to-date document of the variety of discount instances which are handed down of their courts.
“More favorable to the prisoner”
In the 338 instances registered to this point, the magistrates clarify that these opinions and sentence reductions are made as a result of the Penal Code itself, in its article 2.2, establishes that the “most favorable” legislation should all the time be utilized to the prisoner.
The legislation of ‘solely sure is sure’ has triggered the crime of sexual assault to soak up that of sexual abuse, which implies that a criminal offense that till now included a extra critical conduct incorporates a much less critical one, in order that the prison fork additionally It has been expanded to cowl the complete vary of behaviors now punishable as sexual assault.
Thus, the authorized sources clarify that the variety of instances during which the reductions are utilized will proceed to develop because of the pending opinions in all of the autonomous communities.
The judgment of the supreme
The Supreme Court assured in its ruling on the ‘Arandina case’ that the applying of the Organic Law of Comprehensive Guarantee of Sexual Freedom is “necessary” as a result of it’s “extra favorable” to the prisoner.
The excessive court docket needed to make use of the penal modification when reviewing the sentence of the ‘Arandina case’ and sentenced two former gamers of that soccer membership to 9 years in jail -and not 10, as requested by the Prosecutor. the legislation of ‘solely sure is sure’.
The magistrates raised the sentences – from 4 and three years that the TSJ of Castilla y León had set – after eliminating the mitigation that had been appreciated because of the closeness of age and maturity between the convicted and the sufferer.
The Supreme Court has already lowered 9 jail sentences associated to crimes of sexual assault because the reform of the Penal Code entered into pressure. One of them has led to a launch within the Basque Country.