The Court of Huesca denies the review of sentences in another five cases of convicted of sexual crimes

HUESCA, 21 Dec. (EUROPE PRESS) -

The magistrates of the Provincial Court of Huesca, by application of the Law of Comprehensive Guarantee of Sexual Freedom, have denied the review of penalties established in the sentence in five other cases.

One of the cases is a final sentence, issued on December 1, 2021, which sentenced Jerson Iván M. to 8 years in prison as the perpetrator of a crime of sexual abuse with carnal access committed "on a particularly vulnerable victim due to the age, under 16 years of age, and their disability" and to one year in prison as the perpetrator of a crime of child cyberbullying of a minor under thirteen years of age with the purpose of arranging a meeting for sexual purposes.

The Public Prosecutor's Office informed the court that the review of the sentences imposed was not appropriate and the other parties did not make allegations in this regard. Regarding the first crime, the Law in force at the time the facts were committed provided for a prison sentence, in abstract, from 7 to 10 years, the upper half of the sentence from 4 to 10 years of article 181.4 (carnal access), for application of the aggravated subtype regulated in article 181.5, which in turn referred to article 180.1-3.a and 4.a (circumstance 3.a referred to when the victim is especially vulnerable).

In an order, dated December 7, the magistrates have stated that "currently, and in accordance with the reform introduced by the aforementioned Organic Law 10/2022, the crime would be classified as sexual assault and would entail a prison sentence of 7 to 15 years, according to the aggravated subtype of article 180.1-3.a, which refers to the person who is in a situation of special vulnerability, in relation to article 179 (carnal access).

For this reason, they have estimated that "the legal reform is not more favorable for the prisoner, quite the contrary, since the minimum limit of the sentence is maintained and its maximum limit has increased -it goes from 10 to 15 years- -, therefore, the review of the sentence does not proceed".

Regarding the second crime for which he was convicted, they consider that the sentence has not been modified, so its review is not appropriate.

An order of the Court of Huesca, dated December 13, has resolved that the review of the sentence that is the subject of this final judgment is not appropriate due to the entry into force of the aforementioned Organic Law 10/2022. Pedro G.G., Luis H.G. and Jesus G.G. They were sentenced to prison terms for crimes of domestic and gender violence, injuries and family abuse.

In this case "the penalty provided for in article 173.1 of the Penal Code for the crime against moral integrity has not undergone any variation after the reform, so the magistrates understand that the review is not appropriate.

The third of the cases refers to Miguel O.C., convicted as the author of crimes of illicit association, determination to prostitution and against the rights of foreigners. All parties informed of the entry into force of LO 10/2022 so that each of them could rule on the possible revision of the sentence, the Public Prosecutor reported that the penalties imposed had not been modified after the entry into force of the Law 10/2022, and the defense did not make any allegations.

By means of an order of the Provincial Court of Huesca, dated December 15, 2022, the magistrates argued that the precepts by virtue of which the defendant was sentenced had not been modified by Organic Law 10/2022, the review does not proceed.

On the other hand, an order of December 16 establishes that the sentence that sentenced Marian N.S. for a crime of sexual abuse because "once the prison sentence imposed on the offender has been served, as well as the accessory penalties, with only compliance pending on probation, there is no room for review of the sentence handed down, as stated by the defense and the prosecutor in their writings".

By final judgment, Artur dos Santos F.T. as author of crimes of illicit association, determination to prostitution, against the rights of foreigners, sexual abuse with carnal access and continued sexual abuse with carnal access. The Public Prosecutor's Office informed that the revision of the sentences imposed was not appropriate since some had not been modified after the entry into force of the Law (10/2022) and others were taxable according to the new Law.

With regard to the crimes of sexual abuse with carnal access and continued sexual abuse with carnal access, for which he was sentenced to five and eight years in prison respectively, the magistrates have indicated, in an order dated last 19 December, that there is no need to review the sentence because "the respective penalties would be imposed within the penological limits of the current article 179, which penalizes sexual assaults with carnal access with imprisonment from four to twelve years."

Applying by analogy the criteria contained in the Transitory Provisions of the Criminal Code of 1995 and the reforms operated by Organic Laws 5/2010 and 1/2015, the revision of these penalties after the entry into force of Organic Law 10/ 2022, of comprehensive guarantee of sexual freedom.