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The Court of Navarra will not reduce sentences when the sentences can be imposed with the new law on sexual freedom

PAMPLONA, 28 Nov.

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The Court of Navarra will not reduce sentences when the sentences can be imposed with the new law on sexual freedom

PAMPLONA, 28 Nov. (EUROPA PRESS) -

The Provincial Court of Navarra has agreed that it will not lower the sentences when the sentences that were imposed may also be taxable in accordance with the new legal framework established by Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom.

Until the Supreme Court rules establishing jurisprudential doctrine in relation to the retroactive application of the law, the two criminal sections of the Audiencia de Navarra, meeting on the 24th, established their review criteria.

As reported by the Superior Court of Justice of Navarra (TSJN), the Court has agreed that, as in the indicated law, a new configuration of criminal offenses affecting sexual freedom and indemnity is established, in which there is no authentic correlation with the precepts repealed that allow an objective comparison of identical crimes, the sentences will be reviewed in the following cases: when the sentence that was imposed is higher or more serious than the maximum sentence contemplated by the new organic law for said crime; and when due to the application of strictly legal criteria that affect the fixing of the sentence in an assessed manner, which are contemplated in Chapter II of Title I of Criminal Code, this entails the objective modification of the range (minimum and maximum) of the penalty provided by law and it turns out that the penalty that was imposed is higher or more serious than the maximum penalty that can be imposed in accordance with the new organic law for said crime.

On the other hand, the sentence will not be reviewed in those cases in which the sentence imposed is also taxable in accordance with the new legal framework established by Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom. , and regulate in the same penal precept two typical behaviors that previously held different reproaches.

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