The magistrates of the Provincial Court of Madrid have already begun the review of 121 cases
MADRID, 25 Nov. (EUROPA PRESS) -
The courts of Madrid have already lowered 20 sentences of sexual abuse due to the application of the 'law of only yes is yes', promoted by the Ministry of Equality, and have released 6 people. It is expected that the magistrates will have to review dozens of sentences more every time that the reform of the Criminal Code is "more favorable to the prisoner."
This Friday, the Provincial Court of Madrid has confirmed that its fifteen criminal sections have 447 cases of sexual abuse and/or sexual assault, with a convicted person imprisoned, subject to review after the entry into force of Organic Law 10/2022. .
Of these cases, and ex officio, the magistrates of the Provincial Court of Madrid have already begun the review of 121. At the request of a party, the review of 55 is being processed.
As a result of the review of final convictions with a convicted person in prison, the sentence has been reduced in 20 cases, and in 7 proceedings the release has been ordered, with the exception that in one case the prisoner continues to serve a sentence by having final conviction for other crimes.
The Court of Madrid has ruled after the presidents of the criminal sections met to unify criteria in the application of the 'only yes is yes' law. Finally, they have agreed by majority to apply the criteria most favorable to the accused in the revisions of sentences and not to attend to the Fifth Transitory Provision of the Penal Code that limits the revisions.
More than thirty magistrates have met in a meeting scheduled weeks before the controversy created around the new regulations. Specifically, the vote has been 32 votes in favor, eight against and nine abstentions.
Thus, the Board of Unification of criteria has agreed to apply article 2.2 of the Penal Code in the review of sentences. This article states that "those criminal laws that favor the prisoner will have retroactive effect, even if a final sentence had been handed down when they entered into force and the subject was serving a sentence."
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. Currently, there are 447 cases of sexual abuse and/or sexual assault that are firmly convicted, with a convicted person admitted to prison, subject to review.
At the meeting, the magistrates 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.
Specifically, the Sectoral Board has considered that Article 2.2 of the Penal Code is applicable in the cases that arise, and the provisions of the Fifth Transitory Provision of the Penal Code are not applicable in these cases.
This is an internal, non-binding agreement, and is only subject to judicial appeal when the criterion in question is incorporated into a specific judicial decision.