The Court of Pontevedra reduces the prison sentence of a convicted person for the continued crime of sexual assault by six months

In Lugo, the magistrates have refused to lower another sentence, alleging that, with the new legislation, the penalty "would be clearly higher"

PONTEVEDRA, 12 Dic. (EUROPA PRESS) -

The fifth section of the Provincial Court of Pontevedra, based in Vigo, has reduced by six months the 10-year prison sentence imposed on a person convicted of a continued crime of sexual assault with the application of the Law of only yes is yes.

Specifically, the man had been sentenced to 10 and a half years in prison and now the court estimates the need to reduce this sentence by six months, up to 10 years in prison.

Article 179 of the Criminal Code, in the wording applied to the prisoner, provided for a sentence of 6 to 12 years in prison, according to the court, which specifies that with the wording given by the new law "to these sexual assaults of people over 16 years, the prison sentence would go from 4 to 12 years". For this reason, they affirm that, following the same criteria for setting the sentence as the sentence, "the maximum of half of the half would be imposed, worth the redundancy, higher, which would be 10 years in prison."

The Court understands that "the criterion of proportionality of the sentence that was used in the sentence" must be observed, for which reason it decrees that, consequently, "the sentence of imprisonment imposed must be reviewed, which will pass, in application of the most favorable criminal law and the indicated proportionality criterion, to that of 10 years in prison". The Prosecutor's Office has opposed the interested review, alleging that the penalty "would also be taxable with the current regulation."

On the other hand, the second section of the Provincial Court of Lugo has refused to reduce the sentence of eight and a half years in prison imposed on a person convicted of a crime of sexual assault who had appealed in application of the Law of only yes is yes.

In this case, they point out, the sentence refers to a sexual assault on a child under 16 years of age, for which reason the magistrates estimate that, if the new law were applied, the penalty "would be clearly higher."

"The penalty to be imposed with the new legislation would be clearly higher than that imposed in the sentence that is being executed, which was eight years and six months in prison and, therefore, the new legislation cannot be applied, as this would mean a retroactive application of the rule 'in malam parten', which is prohibited by our own Constitution," says the room.