The wave of reviews that judges are carrying out ex officio continues after the entry into force of what is known as the ‘yes is yes’ law.
According to the latest official data provided to Antena 3 Noticias by the Superior Court of Justice of Andalusia to date, the number of sentences reviewed with reduced sentences in application of the new Law on Sexual Freedom amounts to 51, of which five have given lead to the release of the convicted.
Among those released is the case of a man who was sentenced in 2013 by the Eighth Section of the Cádiz Court based in Jerez to 12 years and three months in prison as the perpetrator of a crime of sexual assault with the use of weapons. this rapist sexually assaulted a minor at his home with a knife to intimidate her, says the sentence. In addition, a restraining order was imposed on him from his victim for a period of 14 years.
However, before the entry into force of the new law that reforms the Criminal Code, his sentence has been reviewed and the same court that issued the ruling has issued an order for his release, because by applying the new norm his sentence has been reduced to seven years and three months in prison.
The resolution details that the penalty imposed with the Penal Code in force at the time of the facts and the one that would be applicable with the new wording must be taken into account, and the most favorable penalty must be applied, as established in article 2 of the Penal Code. , argues the court in the brief. Hence, according to what we have been able to know, the condemned he is already out of jail since the seven years and three months have already been served in a penitentiary center. That yes it is prohibited to approach the victim to less than 300 meters.
It is not the only case, four other sexual offenders have also been released by lowering their compliance in one and three years. As of today, 50 defendants by the Cádiz Court with a final sentence have already benefited.