García Ortiz insists that the general criterion is to maintain the old penalties when possible with the new law
MADRID, 9 Mar. (EUROPA PRESS) –
The State Attorney General, Álvaro García Ortiz, has advocated evaluating alternative measures, such as probation, in cases in which there are reductions in sentences due to the so-called ‘law of only yes is yes’, according to the draft of the circular sent to the Board of Chamber Prosecutors developing the criteria already established in November, according to which prosecutors must support maintaining the old sentences if they can be imposed under the new law.
Prosecutor sources explain that the objective is that the members of the Board of Prosecutors of the Chamber can study this draft with a view to the meeting scheduled for next March 16, where, among other issues, the preparation of a circular for the development of the given decree will be addressed. to know on November 21 about the law of comprehensive guarantee of sexual freedom.
In his proposal, to which Europa Press has had access, García Ortiz emphasizes that, when carrying out sentence reviews, “prosecutors will take into account all the applicable regulations in accordance with the current and the previous wording of the Penal Code”, applying “that version that is as a whole more favorable to the prisoner”.
It also reiterates that, “as a general rule, the review of final sentences will not proceed when the sentence imposed in the sentence is also likely to be imposed under the new legal framework.” However, he emphasizes that “each procedure must be analyzed individually, avoiding automatisms that prevent the specific circumstances in each case from being assessed.”
Thus, it states that, “exceptionally, when the strict application of this rule causes manifestly disproportionate results, it will be possible to promote the review of final judgments”, clarifying that “this possibility should be reserved for cases in which it is notorious that, if there were If the facts were prosecuted under the new regulation, the prison sentence that would have been imposed would undoubtedly be of a much shorter duration”.
García Ortiz asks the prosecutors to prioritize “the examination of the procedures that, due to the effective review of the sentence, may lead to the release of the convicted person.”
And, when the sentence is lowered due to the revisions carried out, it urges “to assess the imposition of the sentence of probation, the deprivation of parental authority or the special disqualification for the exercise of the rights of parental authority over the children present and future, guardianship, conservatorship, guardianship or foster care, as well as for employment or public office”.
In addition, the head of the Public Ministry recalls that “against the resolutions resolving the review of the final convictions, the same appeals may be filed that, where appropriate, would be against the conviction.”
