The Court of Seville has lowered from 12 to seven years in jail the sentence imposed in 2008 on a person for a sexual assault dedicated on an aged lady whom he additionally murdered, with which his general jail sentence is lowered from 27 to 22 years , as a result of software of the brand new Organic Law 10/2022 on the great assure of sexual freedom, often called the “solely sure is sure” regulation.
In a sentence issued on January 23, disseminated by the Communication Office of the Superior Court of Justice of Andalusia, the First Section of the Seville Court addresses a proposal to assessment a sentence imposed in 2008, earlier than the entry into pressure of Organic Law 10/2022 on the great assure of sexual freedom, after which tons of of revisions of decrease sentences and subsequent sentences from which the defendants have benefited are weighing, given the unification of the crimes of abuse and aggression in a solely kind and the maxim that within the occasion of a collision between two penal norms of various non permanent validity, essentially the most favorable penalty for the accused should be utilized.
This is the sentence imposed on José CC, sentenced in 2008 to 27 years in jail for robbing, raping and murdering an 82-year-old lady at her house within the Seville city of Dos Hermanas.
The preliminary penalties
More intimately, the Court specifies that he was sentenced to fifteen years for the crime of homicide, to 12 extra years in jail for the crime of sexual assault and a superb of 180 euros for a scarcity of theft, in addition to compensation of 30,000 euros to the heirs of the sufferer.
The Court particulars that the defendant was convicted of a criminal offense of sexual assault beneath articles 178, 179 and 180.3 of the Penal Code in pressure on the time of the preliminary sentence, with a spread of sentences of between 12 and 15 years, because of which He was sentenced to 12 years, that’s, the minimal sentence contemplated.
To the purpose, it specifies that with the brand new Organic Law 10/2022 on the great assure of sexual freedom, the acts attributed to this man can be framed in articles that regulate sentences of between 4 and 12 years in jail and between seven and 15 years of imprisonment. jail, with which “making use of the identical standards included within the (preliminary) sentence, the minimal sentence of seven years is relevant in accordance with the present regulation”, in addition to 5 years of post-prison probation and 5 years of disqualification for employment or exercise that entails direct contact with minors, additionally in accordance with the brand new laws.
“The convicts all the time have the appropriate to use essentially the most helpful rule, even whether it is after their sentences have been handed down,” remembers the Court, which for this function evaluations the sentence within the sense of lowering the years from 12 to seven jail for the crime of sexual assault and add 5 years of post-prison probation and 5 years of disqualification for employment or exercise that entails direct contact with minors.