The Prosecutor's Office files more than 200 appeals in the Supreme Court for the Law of 'only yes is yes'
The Supreme Court holds a monographic plenary this Tuesday and Wednesday to try to set general guidelines on the application of the Law of the only yes is yes. The magistrates of the Criminal Chamber will study more than twenty appeals presented both by the Prosecutor's Office against the revisions of the sentences handed down by different provincial courts and by sexual offenders who have not benefited from the application of the so-called Montero Law.
Is about
the first appeals against revisions of final sentences that, in chronological order, were filed before the
high court.
For their part, tax sources consulted by EL MUNDO explain that the Public Ministry has presented (or announced the filing) of more than 230 appeals in the
Supreme
in recent months against judicial decisions adopted by the different courts of
Spain
in application of the Law of only yes is yes.
Since the reform of the Penal Code promoted by the Ministry of Equality was approved -legal modification already repealed-
over 1,079 convicted felons
for sexual crimes have seen their sentences reduced in application of this Law, according to the latest data released by the
General Council of the Judiciary
in the past month of May (and which will be updated in the current month of June).
Faced with this barrage of reductions promoted by a Law that all judicial and prosecutorial groups labeled as “bad” in relation to the legislative technique used, the Prosecutor's Office has tried to act as a retaining wall so that the smallest number of sexual offenders be benefited by it. The State Attorney General,
Alvaro Garcia Ortiz,
issued a circular last March where it was established that the review of final sentences was not appropriate when the sentence imposed is also capable of being imposed with the Law of
Irene Montero
. In addition, the Prosecutor's Office urged the 2,700 members of the Public Prosecutor's Office to flee from “automatisms”. Until now, the Public Ministry has chosen to support reductions in sentences in a very exceptional way. Specifically, only in those cases where the strict application of this rule causes manifestly disproportionate results or where the penalty set is not taxable according to the Law of only yes is yes.
On the other hand, and given the number of rapists, pedophiles and pedophiles who have benefited from the legal reform of the Government of
Pedro Sanchez
, in the
High Court Prosecutor's Office
They lament in unison that this plenary session has not been held earlier, since they consider that the doctrine of the Supreme Court in such a far-reaching matter should have been issued almost immediately upon the entry into force of the controversial Law.
The data reflects that the different provincial courts have not adopted a unitary criterion when applying known as
Montero Law.
Hence the importance of the guidelines that this week will establish the
Supreme Court,
last jurisdictional instance of our country. However, sources from the Second Chamber consulted by this newspaper insist on highlighting the difficulty in adopting global decisions on this matter.
The same legal sources explain that the deliberation that will be held by the fifteen magistrates that currently make up the Chamber – after the magistrate's retirement
Miguel Colmenero
last April – will revolve around the idea of whether it is possible to apply the fifth transitional provision of the Penal Code of 1995 in sentence reviews, as well as a “rule of three” in sentence reductions.
In a large part of the appeals presented before the High Court, the prosecutor invokes the application of the aforementioned fifth transitory provision, which states that “in custodial sentences, this Code will not be considered more favorable when the duration of the previous sentence imposed on the made with your circumstances is also taxable under the new Code”. The Second Chamber presided over by the magistrate
Manuel Marchena
will have to answer this question and indicate whether, despite the fact that the Law of the only yes is yes did not contemplate any specific transitory provision on its application, the 1995 Penal Code can be applied in a subsidiary way or not.
Regarding the rule of three in application of the legal reform, it is about establishing or ruling out that the reduction of the sentence is a matter of pure mathematical calculation taking into account the penological framework. The room of
supreme court
will have to decide if the principle of proportionality and “case by case” should apply without using any arithmetic rule or if, on the contrary, a “rule of three” can be applied when establishing the new sentences for sex offenders. The legal debate is served.
.