The Prosecutor's Office files more than 200 appeals in the Supreme Court for the Law of 'only yes is yes'

• Courts The barrage of reductions of 'only yes is yes': there are already 1,079 sex offenders benefited by the Le

The Supreme Court holds this Tuesday and Wednesday a monographic plenary session to try to establish general guidelines on the application of the Law of only yes is yes. The magistrates of the Criminal Chamber will study more than twenty appeals filed both by the Prosecutor's Office against the reviews of the sentences issued by different provincial courts and by sex offenders who have not benefited from the application of the so-called Montero Law.

It is about

The first appeals against reviews of final judgments that in chronological order were filed with the

For its part, fiscal sources consulted by EL MUNDO explain that the Public Ministry has presented (or announced the interposition) of more than 230 appeals in the

in recent months against judicial decisions adopted by the various courts of

in application of the Law of only yes is yes.

Since the reform of the Criminal Code promoted by the Ministry of Equality was approved -legal modification already repealed-

More than 1,079 convicted offenders

for sexual crimes have seen their sentences reduced in application of this Law, according to the latest data released by the

General Council of the Judiciary

in the month of May (and that will be updated in the month of June).

Faced with this barrage of reductions caused by a Law that all judicial and fiscal groups branded as "bad" in relation to the legislative technique used, the Prosecutor's Office has tried to act as a retaining wall so that the least number of sex offenders benefit from it. The Attorney General of the State,

issued a circular last March in which it established that it was not appropriate to review final convictions when the sentence imposed is also likely to be imposed under the Law on

Irene Montero

. In addition, the Prosecutor's Office urged the 2700 members of the Public Prosecutor's Office to flee from "automatisms". So far, the Public Ministry has chosen to support sentence reductions on a very exceptional basis. In particular, only in those cases where the strict application of this rule causes manifestly disproportionate results or where the penalty fixed was not taxable in accordance with the Law of only yes is yes.

On the other hand, and given the number of rapists, pedophiles and pedophiles benefited by the legal reform of the Government of

Pedro Sanchez

, in the

regret in unison that this Plenary has not been held before, since they consider that the doctrine of the Supreme Court in a matter of such depth should have been issued almost immediately upon the entry into force of the controversial Law.

The data show that the different provincial courts have not adopted a unitary criterion when applying known as

Hence, the importance of the guidelines that this week will establish the

Last Jurisdictional Instance of our country. However, sources of the Second Chamber consulted by this newspaper insist on highlighting the difficulty in adopting global decisions on this matter.

The same legal sources explain that the deliberation that will be maintained by the fifteen judges that make up the Chamber at present - after the retirement of the judge

last April- will pivot on the idea of whether it is possible to apply in the reviews of sentences the transitional provision fifth Criminal Code of 1995 as well as a "rule of three" in the reduction of sentences.

In most of the appeals lodged with the High Court, the prosecutor invokes the application of the aforementioned fifth transitional provision, which states that "in sentences involving deprivation of liberty, this Code shall not be considered more favourable when the duration of the previous sentence imposed on the act with its circumstances is also taxable under the new Code". The Second Chamber presided over by the judge

it will have to answer that question and indicate whether, although the Law on only yes is yes did not provide for any specific transitional provision on its application, the Law of the Criminal Code of 1995 can be applied in a subsidiary way or not.

As for the rule of three in application of the legal reform, it is a question of establishing or ruling out that the reduction of the sentence is a matter of pure mathematical calculation taking into account the penological table. The Hall of the

It will have to decide whether the principle of proportionality and 'case by case' should apply without using any arithmetic rule or whether, on the contrary, a 'rule of three' can be applied when setting new penalties for sex offenders. The legal debate is served.