a case sexual assault on a minor in Pollensa It is the first case that the Supreme Court considered only for the claim that it reduced the sentence for the yes yes law. The defendant was sentenced to 12 years in prison by the Palma Court for raping his nephew. The court declared him the author of a crime. widespread sexual assault and imposed as reflected in the sentence, “legal minimum penalty”. The defendant’s lawyer applied to the Supreme Court and submitted a petition claiming that the sentence should be reduced after the law reform came into effect. the minimum limit for this crime is now lower and should be set at 10 years in prison. The prosecution opposed the new law, arguing that the 12-year prison sentence was within legal limits. As explained by legal sources, the Supreme Court He negotiated this case on the 8th and has yet to impose a sentence.
The decision of the supreme court in Mallorca on this matter, First precedent for reviews from all over Spain. case, man Raped her 14-year-old niece on a family farm in PollençaAccording to the decision of the Palma State Court in October 2019. As the author of the second part, sexual assault and sexual assault crime, he was sentenced to 12 years in prison. The court decision stated: At that time, the penalty for this crime was between 12 and 15 years.and said he found it appropriate to prefer the “legal minimum”.
The man’s lawyer appealed to the Supreme Court months later. raised one hand acquittal of the accused, realizing that the facts are not proven in the case; on the other hand, in any case should be considered a crime of sexual abuse and the penalty was reduced. However, after its entry into force at the beginning of October Comprehensive Sexual Freedom Guarantee Actthe only known yes is yes lawyer presented a new letter in which he expanded his claims. He added that the new law will be enacted. reduced the penalty range for this offense to 10 years in prison and should now be reduced, bearing in mind that the Palma Court preferred the “legal minimum”.
The prosecution opposes
The sources consulted explained this. The prosecution opposed this request.. The public ministry understands that the sentence should not be commuted since the 12-year sentence handed down by the Palma Court. stays within the limits set by the new legislation. The same sources have declared that this is so. According to the law of first conviction for sexual offenses reaching the Supreme Court, only yes is yes with the claim. Therefore, the decision of the Court of Cassation on this matter will serve to know the criteria after the dispute. reductions and releases that have already taken place.
Two inmates serving sentences for sexual assault in Palma have already been released. Palma County Court, legal reform The three-year prison sentence should now be set at two years. As both spent that time behind bars, the court ordered their “immediate” release.
Source: Informacion
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