The Comprehensive Sexual Freedom Guarantee Act proposed to be reformed after being enumerated by the PSOE at least 400 “undesirable effects” This will not affect the paradigmatic ‘La Manada’ example, which is precisely at the root of the norm promoted by the Ministry of Equality since it took effect last October – reductions in sentences and release of sex offenders. .
The Second Circuit of the Navarra County Court refused to commute the 15-year sentence handed down by the Supreme Court to one of five people convicted of gang rape in Sanfermines in 2016. Defendant Ángel Boza’s defense will be reduced to 13 years and 9 months.
In the decision, announced this Monday, which is still subject to appeal at the Navarra High Court of Justice (TSJN), judges are suggesting a 15-year prison sentence. “In crimes against sexual freedom, it is equally responsible to be enforced under the new regulation.”
Rule The law, better known as the “only yes is yes” law, was the backlash from the new ministry led by Irene Montero, after strong public backlash against the harassment sentences initially handed out to Irene Montero members. packagewho raped a young woman in 2016 Sanfermins, elimination of this crime and Converting all sexual assaults to assault.
When reductions of sentences in some cases began to be announced a month later due to the implementation of new ranges of sentences in the Penal Code, Navarrese judges made it clear that they would reconsider lower sentences only if the sentence was reconsidered. sex offenders day higher or more severe than the maximum penalty prescribed in the new law for the offense in question. This attitude prevented Boza’s sentence from being reduced.
Gathers the foundation of the Supreme
Both the prosecution and the victim’s lawyer opposed the investigation put forward by the defendant’s defense. In order not to reduce the sentence, the Navarra Court also includes the rationale for the Supreme Court decision stating that it is appropriate to sentence five defendants to 15 years in prison for the crime of rape that continues in its day. defendants
The high court added that the extension of the sentence is provided by law, in accordance with the provisions of art. 180. Articles 1, 2 and 74 of the Penal Code contain a prison sentence of 14 years, 3 months and 1 day, up to 18 years.
This is because, according to the law, “whoever, while executing a preconceived plan or taking advantage of the same event, commits a large number of acts or omissions that offend one or more subjects and violate the same penal rule or the same penal rule or offense or misdemeanor of a similar nature. Like the perpetrator, he will be punished with the penalty shown for the most serious violation, which will be given from the upper half and can be up to the lower half of the upper penalty in degrees.”
According to the Court of Cassation, the aforementioned extension of the sentence -15 years in prison is as follows: very close to the legal minimum, and therefore the same commensurate with the personal circumstances of the accused and the seriousness of the act (Article 66, 1), in accordance with the explanation contained in the ‘factum’ of the sentence.
Among the factors to be taken into account in the assessment of this seriousness are the behavior of the convicts after the crime has been committed. procedural cooperation and attitudes towards the victim and whether the damage that does not affect the crime is repaired, because these are after the fact, more punishable.
“Actually, the facts are very serious and The attitude of the defendants described in the next sentence increases the guilt of the wrongdoer.or the illegality of his conduct justifying the imposition of a sentence higher than the legally established minimum, although very close to that,” the Supreme Court concluded.
In this connection, Part Two of the Trial, Meticulous individualization work by Supreme and, therefore, it considers that the 15-year prison sentence at the time of the appellant was “equally applicable under the new regulation on offenses against sexual freedom”.
data is partial
Currently, the number of those convicted of sexual crimes who benefit from the new penalty framework included in the ‘only yes is yes’ law reaches at least 400. lower sentence reviews and subsequent sentences in the implementation of the standard.
On the other hand, since 7 October, when the rule came into effect, release of at least 28 people. In all mitigation decisions agreed so far, the judges note that these revisions are part of Article 2.2 of the Criminal Code. always in the The law that is in the “most favour” of the accused must be applied.
In any case, the lack of official figures makes it difficult to have a global vision of the impact of the “yes-only yes” law, because many high courts and county courts do not provide data, because they don’t have to, and among them there are bodies with large volumes such as those of the four Catalan provinces or the Provincial Court of Seville.
Montero himself described as “unheard of” He said last Sunday there was still no official data on how many sentences were reviewed and how many were not, and how many were final or not.