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The courts lower the sentence for sexual offenders in one of every three sentences reviewed by the 'law of only yes is yes'

2023-04-14T21:48:34.199Z


The second official balance of the Judiciary records 978 sentences reduced and 104 prisoners released


The second official balance of the General Council of the Judiciary (CGPJ) of the reductions in sentences for sexual offenders due to the entry into force of the law on sexual freedom (known as the law of

only yes is yes

) places the reduced sentences at 978, of which 104 have involved the release of the aggressor.

The figure, to which EL PAÍS has had access, is somewhat higher than the one that was leaked on Wednesday (943 reductions and 103 releases) because in that data it was necessary to incorporate information from various superior courts of justice and provincial courts.

For the first time, the Council's balance sheet includes the percentage of sentences reviewed that imply a sentence reduction: 32%.

That is, practically one in three.

The Supreme Court is the body that has lowered the most sentences in application of the new law - 40.5% of those examined by this body - although, in its case, it has not reviewed any final sentence so far, but only appeals. against sentences imposed with the previous law, a situation in which, according to the court itself,

The figure collected in the latest balance of the Judiciary includes the reductions agreed by the provincial courts (880), the superior courts of justice (82), the National Court (1) and the Supreme Court (15) since the entry into force of the standard, on October 7, and until March 31.

The data does not include sentence reviews that may have been processed by criminal courts, competent to prosecute crimes against sexual freedom punishable by up to five years in prison, given the difficulty of collecting this information in each court.

To obtain the total data provided this Friday, the sentence revisions that the provincial courts had communicated have been deducted, when these have later been revoked by the superior courts of justice.

In addition, the revisions initially denied by the hearings have been added, but which have finally been estimated by the TSJ.

In at least 104 cases, the reduction in punishment has led to the release of the aggressor, although the CGPJ warns that not all judicial bodies have provided this information, so that the data released by the Council only includes confirmed releases from prison and communicated since the rule came into force.

A total of 99 of these releases have been carried out by the provincial courts.

The other five, the autonomous courts.

Not all the courts have reported the data on how many sentences have already been reviewed and how many are in process or pending, so it is not possible to extract the exact percentage of the reviews that end up implying reduced sentences.

But of those that have done so, a clear photograph of the situation is obtained: 2,097 sentences reviewed and 671 reductions.

That is, 32%.

The highest percentage is held by the Supreme Court, which has reviewed 37 sentences and has reduced the sentence in 15 of them (although it is the only body that has not yet reviewed any final sentence).

In the higher courts of justice this percentage stands at 39.5%;

in the provincial hearings in 31.6%;

and in the National Court, at 14.3%.

The Court that has reviewed the most sentences so far is that of Madrid, with 362 resolutions examined.

Of these, as of March 31, the sentence had been lowered in 118 cases and 16 aggressors had been released from prison.

The Madrid courts foresee that the total number of sentences that will have to be examined amounts to 557, of which, apart from those already reviewed, there are 117 pending resolution and 67 that have not yet begun to be processed.

The Madrid courts have also reported that in 54% of the cases reviewed the victims are minors.

After Madrid, it is the Court of Valencia that has examined the most cases: 193, with 46 reductions and four releases.

They are followed by Barcelona (130 revisions, 40 reductions and four releases) and Seville (127 revisions, 36 reductions and five releases).

Regarding the higher courts of justice, the sentences reviewed amount to 85, although the figures for Andalusia, Asturias, the Balearic Islands, Extremadura and Madrid are missing.

These courts have, however, facilitated the number of reduced sentences, which amounts to a total of 82. Madrid, with 26, is once again in the lead, followed by Andalusia and the Balearic Islands, which have informed the Council of six reductions in sentences. grief.

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Source: elparis

All news articles on 2023-04-14

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