MÁLAGA, 15 Nov. (EUROPA PRESS) –
The Attorney General of the State, Álvaro García Ortiz, has affirmed today, before the possible reform of the crime of embezzlement, that the Penal Code is a “balance in itself” from the penalties to the composition and has indicated that they are part of the ” state architecture.
Questioned by journalists as to whether this crime can be modified without affecting the rest of the Criminal Code, he recalled that “criminal codes are, within the architecture of the rule of law, within what we understand as those legal goods that have to be preserved, a balance in itself in all its aspects, from the penalties, the composition and the code’s own systematics”.
The attorney general has assured that “it will be necessary to see in what terms, if it is proposed, that possible reform” of the crime of embezzlement will be proposed, for which he has preferred “as a jurist, at the time and if so, that the legislature, that the Cortes Generales dictate or promulgate a new Penal Code, since it will be time to make a legal analysis of what it may mean”.
“We are playing on the wire, saying what can be and what cannot be,” said García Ortiz, who presided over the inauguration of the new chief prosecutor of Malaga, Juan Calvo Rubio, on Tuesday.
Also asked about the repeal of the crime of sedition, the attorney general has referred in the same way, indicating that “there is not even the certainty that there will be a legislative modification, at least a text on which to be able to give an opinion “.
“We are lawyers, fundamentally, we do not speculate, we do not formulate hypotheses; with legal texts, with facts and with the accommodation of the facts to the texts is when we issue opinions, generally in writing and after reflection,” he said.
Thus, he has considered that the State Attorney General “is for the other, to formulate hypotheses there are other times and possibly other people.”
Regarding the reduction of sentences for crimes of sexual abuse, he has assured that “there are no two equal cases and less two equal cases of sexual assault”. “The circumstances surrounding each fact can mean an increase or decrease in criminal punishment, but we cannot isolate it only in a legislative modification”, she has said.
“When there is a criminal conviction, if a review is necessary, the public prosecutor’s office will issue its reports, but in accordance with the specific case,” García Ortiz stressed, pointing out that “the application of the penal category of the new reform must be applied to each of the specific cases”.
For this reason, he has considered that “generalizing costs us a lot” and has reiterated that “it is such a specific crime in which the circumstances of the act and the perpetrator influence both the determination of sentences and behavior or prison life that it is difficult make a general question.
