The Supreme Court deliberates on the 'Arandina case' and warns that the application of the 'only yes is yes' law will be done "case by case"

• Cantabria Lowers sentence record for the 'yes is yes' law: seven years less in prison for two rapists

• Navarra The Provincial Court follows the criteria of the Prosecutor's Office and will not lower the sentence of 'la Manada'

The Supreme Court will predictably rule today for the first time on how the law of the so-called

affects a specific case of a crime against sexual freedom.

The

plans to deliberate - and the ruling may be brought forward - on the appeals filed against the ruling of

in the

.

However, legal sources consulted by

insist that, from the decision adopted in this procedure, it will not be possible to draw general conclusions applied to all the cases that will be raised in the different appeals first -and revisions of sentences later- as a result of the legal change approved by the Government.

With the legal reform promoted by the

headed by Irene Montero, the criminal type of sexual abuse disappears and the sentence ranges for sexual assault are modified.

The thesis defended by different magistrates in the High Court is to respond "case by case" and try to maintain those sentences that can be extrapolated by their criminal forks with

"as long as they are not violates the principle of proportionality.

The circumstance arises that the law of the

lacks a transitional provision on how the transition between the old legislation and the new one should be applied.

Hence, the different provincial courts are setting disparate criteria on the application of the star law of Equality that, contrary to what was foreseen by the Government, is benefiting rapists on a daily basis with reduced sentences.

A priori, the legal sources consulted believe that the fifth transitory provision of

would apply .

"Case to Case"

For its part, the Government has discharged the responsibility in the Supreme Court to put an end to the downward revisions of sentences for sexual crimes applied by judges.

In recent days, and in the face of the scandal and social alarm experienced by the reductions in sentences and releases of some sexual offenders, different voices from the Executive have asked the High Court to "unify doctrine."

However, in the Supreme Court it has been maintained from the outset that it is necessary to resolve a "matter by matter" and that an appeal in cassation is not the same as the review of a final sentence.

The proof that it will be studied "case by case" lies in the fact that no non-jurisdictional plenary session has been convened among the magistrates of the Criminal Chamber to unify criteria in this regard.

Legal sources explain that one of the keys when studying how the new reform of the Penal Code should be applied lies in the proportionality of the penalties.

If in the process of individualizing the sentence the courts justified that the minimum sentence for the crime should be imposed, this will now foreseeably be lowered by the current Law. It is more debatable when the criminal ranges are similar to those contemplated in the law of

yes

prosecutor's appeal

For its part, although it is not the only case about a crime against sexual freedom pending sentencing at the moment in the Criminal Chamber, it is the most mediatic.

A Chamber of five magistrates, chaired by the former State Attorney General

, must respond to the prosecutor's appeal that asks to raise the sentence imposed on the former Arandina soccer players to 10 years in prison.

In its appeal, the Public Ministry believes that the facts are considered constituting a crime of sexual assault on a child under 16 years of age, resulting in the penological arc of six to 12 years in prison.

Hence, the prosecutor defends that the sentence of 10 years is included within the margins of the law of

.

In a report sent to the Chamber last week, the Public Prosecutor's Office maintained that if his appeal is dismissed, the penalties imposed by the TSJ of Castilla y León should be maintained and not reduced after the entry into force of the reform of the Penal Code for be proportionate.

According to the criteria of The Trust Project

Know more

• Arandina CF

• supreme court

• Castile and Leon

• Law of Sexual Freedom

• Irene Montero

• Justice