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The Court of Madrid will apply the most favorable criterion to the prisoner and distances itself from the Prosecutor's Office

MADRID, 25 Nov.

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The Court of Madrid will apply the most favorable criterion to the prisoner and distances itself from the Prosecutor's Office

MADRID, 25 Nov. (EUROPA PRESS) -

The presidents of the criminal sections of the Provincial Court of Madrid have agreed to apply the most favorable criteria to the prisoner in the revisions of sentences of the Law of Comprehensive Guarantee of Sexual Freedom, known as "only if it is yes" and not attend to the fifth transitory provision of the Criminal Code that limits the reviews, legal sources have informed Europa Press.

In this way, the magistrates by majority have distanced themselves from the position of the State Attorney General's Office, which is in favor of not modifying sentences when the sentence imposed can be handed down with the new criminal framework.

As a result of the entry into force of the reform, judges have been revising downward various sentences for those convicted of crimes of sexual abuse and sexual assault. These reductions have led to the release in Madrid of several convicted of continuous abuse of minors.

Now, the magistrates of the Madrid Court agree to review the sentences downwards in accordance with the application of the law promoted by the Minister of Equality, Irene Montero. They are thus opposed to applying the fifth transitory provision of the Penal Code, as applied by the Provincial Court of La Rioja.

The fifth transitory provision of the Penal Code establishes that "in terms of custodial sentences, this Code will not be considered more favorable when the duration of the previous sentence imposed on the act with its circumstances is also taxable under the new Code".

The magistrates of La Rioja have reviewed ex officio the sentences for crimes against sexual freedom that may be modified by the new law and, so far, have not modified any of the sentences because in none of the cases has the Public Prosecutor's Office reported favorably.

The legal technical meeting this Friday was scheduled weeks before the controversy created as a result of learning of downward revisions that have led to lower sentences for those convicted of sexual abuse and assault. Many more magistrates, about thirty, have voluntarily appeared at the board of judges when the meeting was opened.

The meeting takes place after the State Attorney General, Álvaro García Ortiz, issued a decree for prosecutors to give "a uniform response", establishing that they will not be modified when the sentence imposed can be handed down with the new criminal framework.

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