The sexual delinquents benefited by the law of the only if it is yes are close to a thousand. The latest data compiled by the General Council of the Judiciary put at least 943 sexual offenders who have seen their sentences reduced in application of the Montero Law, according to legal sources to EL MUNDO.
In addition, the courts have been forced to release 103 aggressors by applying the most favorable legislation to the accused.
The aforementioned data -which are provisional- reflect that the Supreme Court has proceeded to agree 15 reductions in sentences for sexual crimes since the aforementioned Law entered into force last November; the National Court has agreed a reduction; the Superior Courts of Justice a total of 77; and, the different provincial hearings a total of 850.
However, the sources consulted explain that these figures will increase in the coming days because the data from the Courts of Guizpúzcoa, Granada, Seville and Teruel still need to be counted. The governing body of the judges is also waiting to receive the review data from the Superior Courts of Justice of Andalusia, the Canary Islands, Castilla y León and the Basque Country.
Article 2.2 of the Penal Code establishes that “those criminal laws that favor the accused shall have a retroactive effect, even if a final sentence had been handed down when they entered into force and the subject was serving a sentence. In case of doubt about the determination of the most favorable Law, it will be heard the defendant. The acts committed under the validity of a temporary Law will be judged, however, in accordance with it, unless expressly provided otherwise”.
For its part, the Supreme Court has set a plenary session for the next June 6 and 7, a plenary session to establish doctrine on the application of the law of the only yes is yes. The magistrates of the Criminal Chamber will resolve about twenty appeals filed by the Prosecutor’s Office against orders in which firm sentences have been lowered.
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