A previous sentence is reduced to 48 while the reform of the Penal Code is directly applied to 4
MADRID, Dec. 5 (.) –
The number of convicts who have benefited from the new penalty framework included in the ‘only yes is yes’ law amounts to at least 52, between lower sentence reviews (48) and subsequent sentences in application of the rule (4). A total of 12 people have been released.
The latest reductions have been issued by the Court of Cádiz, which lowers the sentences of four convicted of crimes of sexual violence by applying the Law of Comprehensive Guarantee of Sexual Freedom for being more favorable to the prisoners; and by the Provincial Court of Pontevedra, which reduced the prison sentence from 5 years to 4 years and 6 months for a man convicted of sexual abuse of a minor.
These reductions are added to two others that the Supreme Court issued last week, which has sentenced two former players in the ‘Arandina case’ to 9 years in prison -and not 10- by applying the law of ‘only yes is yes’ ‘. The magistrates have raised their sentences – from the 4 and 3 years that the TSJ of Castilla y León had set – after eliminating the mitigation that had been appreciated due to the closeness of age and maturity between the convicted and the victim.
THE SUPREME: CASE BY CASE
In the ruling, the court has stressed that the Law on the Comprehensive Guarantee of Sexual Freedom “may be applied to the benefit of the prisoner when a lower penalty is now set in those cases in which it proceeds.” They have qualified, however, that it must be done “analyzing case by case, and not globally.”
This contrasts with the criterion established by the General Prosecutor’s Office so that sentences will not be modified when they can be imposed with the new criminal framework, a criterion that would avoid an “automatic” reduction of sentences.
The new law has caused the crime of sexual assault to absorb that of sexual abuse, which means that a crime that until now included a more serious conduct incorporates a less serious one, for which the criminal fork has also been expanded to cover everything the range of behaviors now punishable as sexual assault.
Among the sentence reviews and sentence reductions, sources consulted by Europa Press confirm 20 in Madrid, 6 in Galicia, 5 in Andalusia, 3 in Cantabria, 2 in the Balearic Islands, 2 in Castilla y León, 2 in the Supreme Court, 2 in Basque Country, 1 in Asturias, 1 in Castilla-La Mancha, 1 in Murcia, 1 in the Canary Islands, 1 in the Valencian Community and 1 in Extremadura.
12 of these 48 cases have led to the release of convicts: 6 from Madrid, 2 from the Balearic Islands, 2 from Galicia, 1 from Cantabria and 1 in the Valencian Community.
Regarding the new sentences handed down after the reform, there are 4 cases: 2 cases in León, 1 in Barcelona and 1 in Girona.
MADRID, GALICIA AND ANDALUSIA
The courts of Madrid, Galicia and Andalusia are the ones that have issued the most reductions since the law came into force on October 7.
In Madrid, 20 sentences of abuse and/or sexual assault have been lowered. In addition, 7 releases have been issued, although one has not materialized because the convicted person has other pending sentences. In the resolutions to which Europa Press has had access, prison sentences are reduced by up to 5 years.
In Galicia there are 6 cases of sales; two of them in Pontevedra: the one that has emerged this Monday and another in which it is agreed to release a man convicted of sexual assault who had served 11 of the 12 years in prison imposed on him, because — in application of the new law– should have been sentenced to 7 years.
To the two from Pontevedra are added three from the TSJ of Galicia. In one, the prison sentence for a man who was convicted of sexually abusing a minor is reduced from 11 years to 10 years and 6 months. In another, a sentence for sexually assaulting a minor whom he had met through Instagram is reduced from 8 to 6 years. And another in which he reduces the sentence of a man who raped a woman he met through Tinder in Cambre by two years.
The sixth case in Galicia corresponds to the Court of Ourense, where a sentence for an attempted sexual assault with carnal access has been reduced from 3 years and 6 months to 2 years and 6 months. They have agreed to release.
In Andalusia there are 5 sales. The 4 that have transcended this Monday in Cádiz in which the sentence has been reduced by 6 months for each one; and a case in Granada, in which the TSJ dismissed an appeal and –although it confirmed the sentence– reduced the prison sentence from 13 years, 6 months and 1 day to 11 years and 1 day.
CANTABRIA, BALEARIC ISLANDS, BASQUE COUNTRY AND CASTILLA Y LEÓN
On the sidelines, there are three cases in Cantabria. Two in which the sentence imposed is reduced by 7 years for a sexual assault on a young woman in a Santander hostel, going from 18 years to 11 years in prison. And one in which the prison sentence of a man is modified from 5 to 2 years in prison for sexually assaulting a woman.
The Balearic Islands, the Basque Country and Castilla y León have two discounts each. The Insular Court has ordered the release of two prisoners who were serving a 3-year sentence for two sexual assaults without penetration.
The Vizcaya Court has lowered two sentences. In one case it has reduced a sentence from 4 years and 6 months to 3 years; and in another, a sentence for two crimes of sexual assault has been reduced from 6 to 4 years.
For its part, the Segovia Court has a case in which a sentence for a crime of sexual violence has been reduced from 12 to 9 years in prison, while the Valladolid Court has reduced the sentence from 12 to 10 years. imprisonment for the person responsible for a sexual assault on a minor.
EXTREMADURA, ALICANTE AND THE CANARY ISLANDS
The communities of Asturias, Murcia, the Canary Islands, Extremadura, the Valencian Community and Castilla-La Mancha have added to the list with only one case of review and sentence reduction.
According to data collected by Europa Press, the Badajoz Court has reduced the prison sentence of a man convicted of sexual abuse from 11 years to 10 years and 6 months. For its part, the Court of Alicante has reduced the sentence imposed in a case of sexual assault by two years and has agreed to the immediate release of the convicted person.
It is also on record that the Court of Santa Cruz de Tenerife has reduced the sentence of the perpetrator of a crime of sexual abuse without precedent from 10 to 9 years.
MURCIA, ASTURIAS AND CASTILLA-LA MANCHA
On the sidelines, the TSJ of Murcia has ratified a conviction of a defendant for an attempted sexual assault on a woman in 2020. However, it has modified the sentence imposed because it is “more favorable” for the prisoner to apply the ‘law of only yes’ is if’. Thus, it has reduced the sentence from 4 years and 6 months to 3 years and 1 day in prison.
In addition, the TSJ of Castilla-La Mancha has reduced from 9 to 8 years the sentence of a man who sexually assaulted a woman in Ciudad Real.
And the TSJ of Asturias has reduced the sentence of a man accused of sexual abuse of a child under 16 from 10 to 9 years in prison. The revisions made are subject to appeal and could reach the Supreme Court.
The sources consulted ensure that the number of cases in which the reductions are applied could increase in the coming days due to the pending revisions. In Madrid alone, there are 447 cases of sexual abuse and/or assault that have been firmly convicted, with a convicted person in prison, subject to review. Of these cases, and ex officio, the magistrates have already begun the review of 121. At the request of a party, the review of 55 is being processed.
At least 18 of the 52 provincial courts have ruled on the law. 11 have said that they are in favor of applying the most favorable revisions to the prisoner; 4 have not set a clear position, pointing to the need to review case by case; and 3 have reported that it will not lower the sentences when the sentences that were imposed may also be taxable under the new law.