Post a Comment Print Share on Facebook
Featured Irán Rusia Tribunal Supremo Inmigración Crímenes

The TSJ of Madrid lowers for the first time the sentence of a man convicted of sexual abuse of a minor by the law of 'yes is yes'

The modification of the Criminal Code leads to the reduction of sentences in 41 sentences.

- 1 reads.

The TSJ of Madrid lowers for the first time the sentence of a man convicted of sexual abuse of a minor by the law of 'yes is yes'

The modification of the Criminal Code leads to the reduction of sentences in 41 sentences

MADRID, 20 Ene. (EUROPA PRESS) -

The Superior Court of Justice of Madrid (TSJM) has lowered for the first time the sentence imposed on a man convicted of the crime of sexual abuse of a minor under 16 years of age, in application of the reform of Organic Law 10/2022, of comprehensive guarantee of sexual freedom.

This is stated in a sentence, to which Europa Press had access, in which the Civil and Criminal Chamber reduced the stay in a prison from nine to seven years and six months (a year and a half less than the sentence) for a convicted person for raping a minor as the drafting of the recent legal reform was more favorable to the prisoner.

The magistrates state that if they maintained the sentence, the defendant would be sentenced "to the maximum extent of the lower half of the sentence." "What is proportionate, what is respectful of the new punishment legally decreed by Law 10/2022 and with the individualization of the sentence accepted by the accusations is to reduce the prison sentence to what is the average extension of its lower half according to the new law , that is, seven years and six months in prison," the ruling states.

F.J.R.Z. was sentenced to nine years in prison by the Provincial Court of Madrid as responsible as the author of a crime of sexual abuse of a minor under 16 years of age, whom with the "purpose of satisfying her sexual instincts", he raped, according to stated in the first instance judgment.

In the appeal, the Chamber partially upheld the appeal presented by his lawyers and clarifies that "it is necessary to resort to a lower imposition of the sentence that would have corresponded to the previous legal text, taking into account that the sentence to be imposed before this reform in cases of carnal access without a specific aggravating circumstance was in the range of eight to twelve years in prison and now it has been reduced to between six and twelve years in prison".

"This leads to the fact that the lower half of the sentence was between eight to ten years in prison, and now it is between six years and nine months," the judges point out.

The magistrates recall that Law 10/2022 lacks Transitory Provisions that allow the application of the new wording in a less exhaustive way -as it did happen in the reform of the Penal Code operated in 2015-, which as a consequence makes it a mandate direct and absolute article 2.2 of the Penal Code that obliges judges to carry out a comparative analysis between the current criminal arc for the crime of sexual abuse in the current version and the one that existed prior to the reform, when F.J. was tried and convicted.

The fifteen criminal sections of the Provincial Court of Madrid have reviewed ex officio 218 cases of abuse and/or sexual assault as a consequence of the modification of Organic Law 10/2022 (44.7% of final sentences with prisoners in prison ) and 148 judgments at the request of a party (30.3%).

As a result of the review, to date, in 41 sentences (11.2%) the sentence initially imposed has been reduced, while 86 reviews (23.5%) have been dismissed. The rest is still in process.

The number of prisoners released has not changed with respect to the latest information offered last November: there are still seven procedures in which release has been ordered, with the exception that in one case the prisoner continues to serve conviction by having a final conviction for other crimes.