SAN SEBASTIAN, Dec. 1 (EUROPA PRESS) –
The Provincial Court of Gipuzkoa has agreed to review final sentences ex officio when the sentence imposed is higher or more serious than the maximum sentence contemplated in the new Organic Law for the Comprehensive Guarantee of Sexual Freedom, known as the Law of ‘Only yes is yes’ ‘, for the crime in question. In the review procedure, all parties involved in the case will be heard.
The Board of Magistrates of the criminal sections of the Provincial Court of Gipuzkoa discussed on Thursday the unification of criteria on the review of sentences after the entry into force of the aforementioned Law. The meeting was attended by the acting president of the Court from Gipuzkoa, Yolanda Domeno; the president of the Third section, Juana María Unanue; the acting president of the First section, Augusto Maeso; María José Barbarían, María Eugenia del Carmen Bildarraz and Jorge Juan Hoyos.
After deliberation, it has unanimously agreed that the aforementioned Law “establishes a new configuration of criminal offenses affecting sexual freedom that does not contain a specific transitory provision, which generates a scenario of uncertainty in the interpretation of the criminal law “.
In this context, it has been decided to apply “the Law that is most favorable to the defendant in the proceedings that are in process and those that are pending appeal.”
In addition, the final sentences will be reviewed ex officio when “the sentence that was imposed is higher or more serious than the maximum that is contemplated in the new Organic Law for that crime”, as “it is already being done for both criminal sections of this Hearing”.
Sentences in which compliance with the sentence is suspended will not be reviewed, without prejudice to doing so in the event that the suspension is revoked and before proceeding to the effective enforcement of the suspended sentence. The sentences in which the sentence is executed will not be reviewed either, even if other pronouncements of the sentence are pending to be executed.
It has also been decided that “in the review procedure, all the parties involved in the case will be heard”, and the same appeals will be available against the resolution issued in relation to the review of the sentence as against the sentence under review.” .
