On at 21:21


    There are at least four sentences handed down with the new regulations, because they are more beneficial, for acts committed before the Penal Code reform | The State Attorney General’s Office is collecting data throughout Spain to determine if it issues guidelines on this matter

    When you are tried for a crime, the legislation that applies to you is the one in force when you committed it. Unless the current one is more beneficial. That is the conclusion reached by at least four courts throughout Spain that have already issued sentences in which they have applied the new organic law of integral guarantee of guarantee of the sexual freedom, known as the yes is yes law, as it is understood to be more favorable to the prisoner, legal sources informed EL PERIÓDICO DE CATALONIA, from the Prensa Ibérica group.

    The first sentence was handed down in Barcelona, three days before the entry into force of the new law, but the magistrates wanted to avoid having to review their resolution a few days after issuing it. It was a rape for which sentenced to 3 years and 10 months in prison instead of the 6 that they understood could have been imposed before the reform of the Penal Code. The other two were issued by the Provincial Court of León (one, sentenced to nine years in prison for continued assault on a minor under 16 years of age) and the fourth was by the Court of Segovia, which imposed 12 years in prison for a sexual assault.

    extend to the rest

    They are only the first ones, because if these Hearings understood that the new law is more beneficial for the prisoner, it will foreseeably be the criteria followed by the rest, unless the Supreme Court establish some criteria that they have been able to overlook when ruling on the first case and that their sentence serves as example for all Spanish courts.

    At the moment, the State Attorney General’s Office has dictated an office in which he demands from the prosecutor’s offices throughout Spain the list of sexual assault sentences that are being handed down in accordance with the new law, considering that it is more beneficial for the prisoner, and reductions in penalties in the review that each Provincial Court is carrying out. The one in Madrid will meet on the 25th to determine if it should proceed to review the sentences ex officio or at the request of the defenses.

    With that information in hand, the attorney general, alvaro garciawill decide if it dictates a circular to set the criteria for the action of the public ministry throughout Spain. It will not be easy, because each case will have to be reviewed individually. Until now, there have been prosecutors who have reported in favor of a certain sentence reduction and others, against it.

    Transitional provision

    In the only autonomous community where the law of ‘yes is yes’ It has not had an effect, it has been in La Rioja, because, as reported by the president of the Superior Court of Justice, Javier Brandit has been understood that the transitory provision that was introduced in the Criminal Code in 2015 to avoid reductions in sentences that were included in the range provided for in the reform that was made then could also be applied to the current one.

    But Marca has been left alone in its interpretation, which can be appealed even before the Supreme Court. In fact, there are those who maintain that if the legislator did not introduce it, it cannot be assumed that it is valid, because it is normal to understand that he did not do it with some intention.