GRANADA, 25 Nov. (EUROPA PRESS) -
The magistrates of the two Criminal Sections of the Provincial Court of Granada have agreed to review ex officio final sentences of those convicted of sexual crimes who are serving their sentence or are pending after the entry into force of what is known as the 'only yes' law is yes' applying in these cases "the provision that is most favorable to the accused".
This will mean that the magistrates review these sentences ex officio and not only at the request of the parties, although judicial sources clarify to Europa Press that this will not mean that all the sentences are modified. In the review procedure, all parties will be heard and, in any case, the decision taken may also be appealed.
This has been agreed by the magistrates of the two Criminal Sections of the Court of Granada after an "extensive deliberation" during the plenillo held this past Thursday to address the unification of criteria in the review of final sentences after the entry into force of the Law Guarantees of Sexual Freedom.
According to the minutes of said meeting chaired by the president of the Provincial Court of Granada, José Luis López Fuentes -consulted by Europa Press-, the magistrates have specifically agreed to review the final sentences of the processes in which the prisoner is serving the sentence is actually being served or is pending, "applying in these cases the provision that is most favorable to the prisoner".
Along with this, it is expressly agreed to "provide the review process in those cases in which it is considered that with respect to the sentence imposed, taking into account the legal qualification of the proven facts, the sentence to be imposed under the protection of the new norm".
The sentences in which the execution of the sentence is suspended will not be reviewed in this way, "without prejudice to doing so in the event that the suspension is revoked and before proceeding to the effective execution of the sentence whose suspension has been revoked". Sentences in which the sentence has been executed will not be reviewed either, even if other pronouncements of the judgment are pending execution.
In the review procedures, the magistrates of the Criminal Sections of the Court of Granada will hear all the parties involved in the procedure, which includes the victims, and in any case remember that against the resolutions that may be taken resolving the review of firm convictions "may be filed the same appeals that, where appropriate, would fit against the conviction."