‘Pack’s lawyer, Augustine Martinez, It will be based on the new Sexual Freedom Guarantees Act, known as the Act. ‘just yes yes’, To demand downward correction of the sentences of their clients who were sentenced to 15 years in prison by the Supreme Court for continuous rape with specific aggravating reasons such as degrading treatment and joint action of two or more persons.
Although the defense has not set a date for this request, it will seek to have the sentence reduced. new classification of sexual assault penalties Contains text introduced by the Ministry of Equality. It should be noted that with the new law, sexual abuse and assault crimes are combined in the same type.
As explained in his Twitter profile, criminal lawyer José Maria de PabloIn its decision regarding the multiple rape of Sanfermines in 2016, the Supreme Court found the 15-year prison sentence sufficient as it was close to the legal lower limit, calculated as 14 years and 3 months, and was proportional to the penalty. the status of the accused and the seriousness of the act. The range over which the court moved to decide this sentence was between 14 years and 3 months and 18 years.
Now, the new law, De Pablo explains, punishes sexual assault with penetration. 4 to 12 years in prison (instead of the previous 6 to 12 years range). This assumes an increase between the minimum penalty and the maximum penalty. And he explains that the new Article 180 of the Penal Code provides for a penalty of between 7 and 15 years for assaults with influence when an aggravating circumstance exists, and that this sentence will be applied when there are two or more people in the upper half, as here. To present. “So the range is between 11 and 15 years,” he says.
Thus, if a legal minimum Sentenced to 14 years and 3 months in prison, the Supreme Court was sentenced to 15 years in prison with the new law, the legal lower limit of which was reduced to 13 years. .
As to whether the sentence can be reconsidered after the new law comes into force, the executioner explains that he has doubts about this as the 15-year sentence is still valid under the new law. Although he remembers that the Supreme Court considered the current sentence for ‘La Manada’ reasonable as it was close to the legal minimum. “And with the new law 15 years is not so close…” he adds, later suggesting that this would justify at least a year’s imprisonment.
“Propaganda”
This Wednesday, Government Delegate Against Gender-Based Violence, Victoria Rossell He described it as “propaganda” that the ‘La Manada’ lawyer could seek a reduced sentence for his defendants by enforcing the new law, as the norm does not allow for revision of 15-year sentences.
He announced on his Twitter account”no weakening or decriminalization” He was definitively approved last week for a 15-year prison sentence with the new norm.
“They want to discredit the law (…) and frighten women. But with this law, we have more security and rights,” he said.
However, crime expert José María de Pablo recalled: penal laws Provisions in favor of the convict are retroactive and allow for review of previous convictions.