• Justice This is the law of 'yes is yes' after the reform
  • Tribune The reform of the law of 'only yes is yes': political retroactivity for 'dummies'

The number of sex offenders who have benefited from the Yes Only Yes Act now exceeds 1000. According to legal sources reported to EL MUNDO, the latest data count prepared by the General Council of the Judiciary raises to 1025 the offenders convicted of sexual crimes who have seen their sentences reduced in application of the Law promoted by the Ministry directed by Irene Montero.

Similarly, there are already 105 releases decreed by the judges of our country in application of a law that has caused the greatest crisis within the coalition government of the entire Legislature.

The sources consulted explain that they are provisional figures with the count of data sent by the provincial courts and superior courts of justice to the Council, although they will increase in the coming days since there are several courts that are pending to send these data to the governing body of the judges.

In fact, it is foreseeable that the CGPJ will make public its new balance of figures of reductions and releases next week, according to legal sources.

Article 2.2 of the Criminal Code establishes that "those criminal laws that favour the accused shall have retroactive effect, even if at the time of entry into force a final sentence had been handed down and the subject was serving a sentence. In case of doubt as to the determination of the most favourable law, the defendant shall be heard. Acts committed under the force of a temporary law shall, however, be judged in accordance with it, unless expressly provided otherwise."

That is, although the penalty table for sexual crimes has been modified again – this time upwards – with the reform promoted by the PSOE and supported by the Popular Party, judges will continue in the coming weeks and months to apply reductions of sentences to rapists, pedophiles and sexual abusers under this basic principle of criminal law.

For its part, the Supreme Court has set a plenary session on June 6 and 7 to establish doctrine on the application of the law of only yes is yes. The magistrates of the Criminal Chamber will resolve a score of appeals filed by the Prosecutor's Office against cars where firm sentences have been reduced.

  • Sexual Freedom Law
  • Irene Montero

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