The Supreme Court has put an end to any hope on the part of Unides Podemos of the Central Government to rectify the interpretation of the courts in the reduction of sentences for abusers and sexual aggressors after the approval of the law of only yes is yes.
In the plenary which was held for two days, with the fifteen magistrates of the Penal Chamber, the High Court overturned the thesis of the Prosecutor’s Office and validated the criteria of the provincial hearings in the revisions of sentences, which has caused the reduction of more than a thousand convicts for having lowered the fork of the penalties.
Yesterday, the court agreed to reject the appeals raised by the prosecutor, which supported the increase in penalties, with the exception of the accessory penalties for the rights to parental authority, guardianship and guardianship. The requests of the convicts in the appeals they presented were also dismissed.
What the president of the room, Manuel Marchena, did was call a plenary session to establish doctrine on how the law promoted by the Minister of Equality, Irene Montero, should be applied. The magistrates have analyzed thirty appeals from more than a hundred presented by the Prosecutor’s Office.
The criteria of the department headed by Ãlvaro GarcÃa is as follows: if the sentence imposed is within the new range of penalties, the sentence must be maintained and the reduction avoided, and in this way stop the trickle of sentence reductions .
However, most courts that are reviewing their own sentences consider that, if the sentence imposed was the minimum of the bracket when the facts were tried, then the sentence should be reduced to the years set in the new fork after the approval of the only yes is yes law, which came into force in October. Of the 29 appeals analysed, 27 have been resolved unanimously by the plenary and only in one case has a private vote been announced.
The court has also rejected the application of the fifth transitory provision of the Penal Code of 1995, by which it is established that in custodial sentences it will not be considered more favorable to this code when the duration of the previous sentence imposed on the fact with its circumstances are also taxable in accordance with the new code.
From Igulatt i Unides Podemos, we had confidence that the Supreme Court would endorse the application of this provision to avoid downgrades, as defended by the Prosecutor’s Office.
Despite the warnings given to the Ministry of Equality, while the text was being drawn up, of the effects it could have on the sentences already set, Montero’s team decided to go ahead with its approval without revising the text.
After its approval and the beginning of the trickle of discounts, the PSOE, with the support of the Ministry of Justice, promoted a reform of the law, endorsed by the PP, to modify the forks once more.
However, this modification does not affect those already convicted because they have the right to adopt the rule that is more favorable to them, that is to say, the one promoted by Irene Montero.
