The Supreme Court will hold a plenary session on June 6 and 7 to establish doctrine on the application of the law of the only yes is yes. The magistrates of the Criminal Chamber will study more than 20 appeals presented by the Prosecutor’s Office against the revisions of the convictions by final judgment issued by different provincial courts. That is to say, against orders where the judges in application of the Montero Law have proceeded to reduce the sentences imposed on the sexual delinquents.
The provincial courts have agreed to more than 700 sentence reductions in convictions for sexual crimes by applying the most beneficial legislation for the prisoner as established in article 2 of the Penal Code, according to the data count provided last March by the General Council of the Judiciary.
However, the criteria used by the different sentencing courts have not always been uniform. To this circumstance is added that until last week the Prosecutor’s Office had announced the filing of up to 110 appeals in the High Court, according to tax sources.
Hence, the objective of the Supreme Court is to unify criteria and establish doctrine before the decisions of the provincial courts, although the different sources consulted warn of the difficulty that this task entails due to the particularities of each case.
The magistrates of the Second Chamber will meet for two days -once the municipal and regional elections have passed- in a monographic plenary where they will try to establish doctrine.
The State Attorney General, Álvaro García Ortiz, issued a circular last March in which he established that the review of final sentences was not appropriate when the sentence imposed is also capable of being imposed with the current law. In addition, the Prosecutor’s Office, to try to stop the barrage of reductions in sentences, urged public prosecutors to flee from automatisms.
Meanwhile, while the courts continue to review sentences and apply the most favorable legislation to the prisoner, the Government continues to be divided on the reform of a Law that has become a battle horse between the PSOE and Podemos.
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