The body usually brings together the presidents of the penal sections after legislative reforms
MADRID, 15 Nov. (EUROPA PRESS) –
The Provincial Court of Madrid has convened a meeting for November 25 before the revisions of the sentence of sexual abuse that have been carried out in which several convicts have seen their prison sentences reduced after the approval of the ‘law of only if it is Yes’.
Legal sources have confirmed to Europa Press that the call that will bring together the presidents of the criminal sections of the Provincial Court of Madrid to “unify criteria” was planned “in advance” of the publications that have transcended this Tuesday in the press with at least three cases in which the prison sentence is reduced for those convicted of sexual abuse.
The sources consulted have also specified that it is a meeting to unify criteria that is often held in the Madrid Court when legislative reforms emerge.
So far, three cases have been reported in which the sentences imposed have been reduced by applying Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, promoted by the Minister of Equality, Irene Montero.
In the resolutions of the three cases known so far in the Madrid courts, the magistrates have explained that they adopted the decision “on the occasion of the reform operated by Organic Law 10/2022.” In one of the cases, the agreed prison sentence was reduced by up to five years; in the other two the reduction was two years.
In one of the proceedings, to which Europa Press has had access, they have specified that although the ‘law of only yes is yes’ does not clarify whether or not it should be applied to procedures in process or with a final sentence, the Penal Code itself indicates that “those criminal laws that favor the accused will have retroactive effect.”
The General Council of the Judiciary (CGPJ) warned in February 2021 in its mandatory report on the preliminary draft of said regulation that its approval would cause the downward revision of those convictions in which maximum penalties had been imposed in accordance with the previous regulation.
In its report, the governing body of the judges criticized that Equality in its preliminary draft did not offer “a justification for the new penalty thresholds provided” and warned that the reduction of the maximum limits of the penalties would entail “the review of those sentences in which the maximum penalties have been imposed in accordance with current regulations”.
The law went ahead last August in the Congress of Deputies with the votes against of PP and Vox and the abstention of the CUP.
