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The

Provincial Court of La Rioja

has issued an order reducing the prison sentence imposed on Francisco Javier Almeida from 10 to 8 years for a crime of sexual assault as the perpetrator of the well-known

real estate

crime , which occurred on August 17, 1998 in Logroño against a 30-year-old woman whom he murdered after sexually assaulting her.

Currently, the situation of the convicted person does not change because he is in provisional prison for the alleged murder of the child Álex that occurred in

Lardero

(La Rioja) in 2021.

This is the first sentence of the 55 that the Provincial Court of La Rioja has studied ex officio in which it modifies the sentence after the entry into force of what is known as the law of

only

yes is yes

.

Almeida was sentenced 22 years ago to the maximum sentence of 10 years for a crime of sexual assault in accordance with the legislation in force when he was tried.

He additionally was sentenced to 20 years in prison for murder.

Now the maximum penalty for the facts referred to in the revised sentence is set at 8 years, by virtue of the new Organic Law 10/2022 on the comprehensive guarantee of sexual freedom.

That is why the Court lowers the sentence by two years.

According to the order issued by the Court, the legal classification of the sentence of the year 2000 was "sexual assault with the use of violence against the victim of a particularly degrading nature and use of dangerous means capable of causing death."

In other words, "the penalty was imposed at its maximum possible level in accordance with the regulations in force at that time."

In addition, the aggravating circumstance of recidivism was applied, since the defendant had previously been sentenced to seven years in prison for another crime of sexual assault in 1993.

The court in its order argues for the review of the sentence in this case because "art. 2.2 of

the Criminal Code

must be taken into account , which establishes that those criminal laws that favor the accused will have a retroactive effect, even if when they entered into force there final sentence passed and the subject was serving a sentence".

The same legal foundation cited by the Second Chamber of the Supreme Court in its recent ruling on the Arandina case.

In the sentence, handed down by the Provincial Court on April 7, 2000, the defendant was sentenced to the maximum sentence of 10 years in prison for sexual assault and 20 years in prison for the crime of murder.

The sentence was confirmed by the Superior Court of Justice of La Rioja in July of the same year and by the Supreme Court in 2001.

In response to the liquidation of the sentence, according to the previous regulation, the sentence imposed on FJA would be served on

March 9, 2025

, now it will be liquidated two years earlier, specifically on

March 9 of this year

.

Alex's crime

For practical purposes, the situation of the convicted person will remain the same, since he is currently in pretrial detention for the alleged crimes of sexual assault and murder of the 9-year-old boy Alex.

Some events that caused a great social upheaval and that occurred in the Rioja town of Lardero on October 28, 2021. At this time the defendant was on

probation

, after spending almost 22 years in prison.

The Provincial Court has issued an order today in which it indicates for the next March 20 the trial by the Jury Court against the defendant.

The prosecutor requests for Almeida

permanent

reviewable prison for the crime of murder and 15 years for a crime of sexual assault on minors under 16 years of age.

According to the criteria of The Trust Project

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