MÁLAGA, 2 Feb. (EUROPA PRESS) -
The Autonomous Community of Andalusia, as well as the cities of Ceuta and Melilla, have so far registered at least two convicted sexual offenders released from prison and 68 reductions in sentences in application of the Organic Law for the Comprehensive Guarantee of Sexual Freedom, known as the 'Law of only yes is yes'.
This has been reported to Europa Press from the Superior Court of Justice of Andalusia (TSJA), according to the data registered in the different Andalusian provincial courts and in the Civil and Criminal Chamber of the Andalusian High Court. Most of the reductions have been given in the Audiencia de Málaga.
As regards said chamber of the TSJA, according to updated data as of January 27, there have been five reductions in sentences handed down by the courts of Granada, Cádiz, Córdoba, Málaga --Seventh Section of Melilla-- and Almería; and it has been maintained in two cases --Málaga and Melilla--.
By provinces, in Almería there have been two reductions in sentences, according to the data registered on January 26; in one case from six to four years in prison and in the other from ten years and one day to nine years and one day in jail. In total, in the two sections, 25 sentences have been reviewed by said law, rejecting the reduction in 23 cases.
In Cádiz, the data is updated to December 14 and there are nine reductions in sentences. In said Hearing, ex officio reviews are being carried out and until the middle of that month in the sections of the Cadiz capital there were four lowered sentences, according to the TSJA.
In the Eighth Section, --Jerez de la Frontera--, they are reviewing ex officio all the criminal sentences in which they have been sentenced for crimes against sexual freedom, beginning with those cases in which there is a prisoner serving a sentence. The forecast is that between 40 and 50 are reviewed, and for the moment the sentence has been reduced in five cases.
In Córdoba, 15 reductions have been registered until January 25, of which one has led to his release. Until that date, 50 enforceables had been reviewed. In Granada there are nine reductions in sentences as of January 30, seven in one section and two in another; while on January 27, in Huelva, six reductions had been registered, after reviewing at least 60 sentences.
In Jaén, according to the data for this Thursday, February 2, there have been three sales. In the Third Section there have been five petitions, of which two have gone ahead --two years in one and two and a half years in another--; in two the sentences have not been modified and one is pending resolution. In the Second Section, four have been reviewed and in one of them there has been a reduction, while two are pending allegations.
In the Court of Seville there have been three reductions in sentences as of January 27. Thus, according to the TSJA, in the Third Section around 30 sentences are being reviewed ex officio, of which one has been lowered, while in the Fourth Section the sentence has been lowered in two cases; but data for two other sections are missing.
Finally, in Malaga, as of January 31, a total of 18 reductions were registered -the most in Andalusia-, of which one is a release. Thus, in the First Section nine sentences have been reduced, in the Second three; in the third and seventh there has been no reduction in sentences; while in the Eighth there have been two and in the Ninth, four.
As for the release in Malaga, this has occurred when the First Section reviewed the six-year prison sentence imposed on a man in March 2015 for a crime of sexual assault with carnal access against his 14-year-old niece. The circumstance that mitigates the penalty of undue delays was appreciated - the events were in 2009 and the trial was held five and a half years later.
The defense has requested this review by application of the law, counting on the opposition of the Prosecutor's Office, and the Court points out in an order, to which Europa Press has had access, and advanced by Diario 'SUR', that due to the current reform and Taking into account the application of the circumstance that has already been applied, the penalty would now be three and a half years in prison.
The convict entered prison to serve his sentence in July 2017, and the Court agreed that a new settlement of the sentence be carried out and that he be released "immediately" if he was not detained for another reason.