The judges face dozens of reviews that could also reach the Supreme Court
MADRID, 16 Nov. (EUROPA PRESS) -
The State Attorney General's Office (FGE) is analyzing the reviews of sentences for sexual abuse that have already been made by judges and courts as a result of the entry into force of Organic Law 10/2022 on the Comprehensive Guarantee of Sexual Freedom, and that have supposed sentence reductions, to determine if it is necessary to unify criteria to apply the also known as 'law of only yes is yes'.
Tax sources consulted by Europa Press have indicated that for the moment the reviews already carried out are being studied on a case-by-case basis to decide later on the need to draw up a circular that serves as a guide for prosecutors when applying the new law.
Several sentences have already been reviewed in the Madrid courts. In three cases, to whose resolutions Europa Press has had access, the sentences were lowered by five years, for one, and by two years, for the other two.
However, legal sources warn that the Madrid Provincial Court is facing dozens of sentence reviews. Therefore, the presidents of its fifteen criminal sections have agreed to meet on November 25 to "unify criteria." The sources emphasize that the conclave was already established prior to the controversy that arose because it is usual when there is a substantive legal change.
Beyond Madrid, in the Provincial Court of La Rioja, 54 sentences have already been reviewed after the entry into force of the 'law of only yes is yes' but so far none have been modified. In other communities, such as Valencia or Extremadura, for now there is no review, according to the sources consulted.
It should be remembered that the reviews carried out by judges and courts are subject to appeal and that they could reach the Supreme Court (TS), the judicial seat called upon to establish jurisprudence.
This is the case of the order issued on November 7 by section 17 of the Provincial Court of Madrid, where the Supreme Court confirmed the sentence that convicted a man who abused a minor under 16 years of age. Finally, he has gone from 8 to 6 years in prison, although the magistrates emphasize that he is subject to an appeal before the Criminal Chamber of the Supreme Court.
"On the occasion of the reform operated by LO 10/2022, which entered into force on October 7, 2022, of reform of the Penal Code (CP) in crimes against sexual freedom, the minimum sentence contemplated in article 183.1 and 3 is 6 years in prison, which is why, in accordance with the provisions of article 2.2 of the Criminal Code, this is more favorable for the prisoner, for which reason the review proceeds in the sense interested by the prisoner," explains the Madrid Court .
Likewise, it stresses that in this case "it was considered prudent to impose the minimum sentence imposed at that time, for which reason the review must take place in the same terms, that is, reducing the prison sentence to 6 years with all the consequences that they were favorable, for which reason a new sentence settlement must be made".