PSOE and Podemos guide the application of the new embezzlement to avoid another controversy such as the law of 'only yes is yes'

MADRID, 13 Dic. (EUROPA PRESS) -

The PSOE and United We Can have introduced a paragraph in the explanatory statement of their law to suppress the crime of sedition to set the tone for the application of this new wording of the Penal Code and avoid another controversy such as the one generated by the reductions in sentences after the Law of Sexual Freedom, known as 'Only yes is yes'.

The bill, which also modifies the crime of embezzlement, already included three transitory provisions making it clear how the new regulations should be applied to those accused of crimes committed previously, all taking into account the principle contained in article 2.2 of the Penal Code. that "those penal laws that favor the accused shall have retroactive effect, even though when they entered into force a final sentence had passed and the subject was serving a sentence."

But now, taking advantage of an amendment from the PDeCAT asking to analyze the consequences of the entry into force of the law of 'only yes is yes', the PSOE and Unidas Podemos have introduced a new paragraph in the explanatory statement to highlight this transition:

"For the application of the criminal reforms contained in this law to crimes committed before its entry into force, the three transitory provisions reproduce those of other Organic Laws intended to modify the Criminal Code, which in turn substantially correspond to those that at the time it established the Penal Code of 1995, in its original wording, which are provisions that are in force today and have been conveniently interpreted by the Supreme Court", reads the approved amendment and to which Europa Press has had access.

And it adds that, "even if no transitional regime was established in this Law, the same conclusions would be reached by application of article 2.2 of the Penal Code and its Fifth Transitory Provision." "However, the diversity of interpretations made in recent reforms that affect the Penal Code advises its express introduction, in accordance with the principle of legal certainty guaranteed in article 9.3 of the Spanish Constitution," he remarks.

What that provision of the Penal Code says is that "for the determination of which is the most favorable law, the penalty that would correspond to the act prosecuted with the application of the complete norms of one or the other Code will be taken into account."

From the PSOE they assure that with these paragraphs "the parliamentary groups that support the Government facilitate the interpretation of the transitory law in accordance with the consolidated jurisprudence, for a correct application of the modifications of the Penal Code, among them some recently approved as the Law of Freedom Sexual".

Sources from United We Can underline that the Ministry of Equality has been involved in the talks and that the new wording "seeks to clarify to the judges that the will of the legislator, by way of recommendation, is that, in the event of review of sentences, they remain the penalties imposed".