You are currently viewing Justice reduced to 1 month the adaptation period of the “yes is yes law” and the Prosecutor’s Office could not alleviate its effects

The speed with which the Comprehensive Guarantee of Sexual Freedom Law, known as “law of only yes is yes”, Since it was approved in the Cortes, it has contributed to aggravate the confusion over its application, according to various legal sources.

The law, which includes the reform of the Criminal Code, was published in the Official State Gazette on September 7 and began to be applied on October 7, that is, its so-called vacation legis it has been only 30 days.

Usually, the complex reforms of the Penal Code tend to have vacations of more than three months. In some cases, they have even reached a year.

In this way, legal operators can adopt measures to facilitate the entry into force, to unify criteria to review sentences or to apply it to cases that are still alive. For example, it is possible that the State Attorney General’s Office can prepare circulars that unify the actions of all prosecutors in Spain, it can be discussed in the intermediate bodies of the Attorney General’s Office or the Superior Courts of Justice can deal with the matter before issuing the sentences.

In this case, the Prosecutor’s Office has not been able to prepare this circular before it came into force, its representatives have defended different positions and the courts themselves disagree on its application to cases already closed and sentenced.

[El fiscal general ordena rechazar la rebaja de penas con un criterio que no las evitará todas]

This Monday, the State Attorney General, alvaro garcia, has issued a decree to limit sentence reductions, but it has done so when it has already entered into force and contradictory resolutions have been produced. Shortly, in any case, the Supreme Court will begin to see appeals on sentence revisions already granted and the circular may not be necessary.

Sources from the Ministry of Equality explain that one of the reasons why the period between the publication in the BOE and the entry into force has been so short is that it is a comprehensive law and not only a reform of the Penal Code.

However, they explain that the Ministry of Justice, which directs Pilar Lloprequested that the entry into force of other parts of the law be delayed to six months, for example, those referring to access and obtaining justice, forensic units and crime victim assistance offices, among others.

Equality requested that the vacation legis out of six months for the part of social assistance.

The bill that came to Congress in July 2021 did not make this differentiation and indicated that it entered into force after 30 days, that is, it was endorsed by the Council of Ministers in which it still sat. Juan Carlos Field. She was also a first vice president. carmen bald, who was also sacked six days after the Council of Ministers approved the bill. Therefore, the delay of two parts was included at the request of the two ministries in the parliamentary process.

However, the Ministry of Justice, already headed by Llop, never said anything about expanding the vacation for the part referring to the Criminal Code, the most delicate of the law as verified these days.

[Podemos acusa ahora al PSOE de fijar las penas del ‘sólo sí es sí’: “Las define el Ministerio de Justicia”]

Sources from the Ministry of Equality, which heads Irene Montero, they explain that Justice was expressly in charge of everything related to penalties. This was the case during Juan Carlos Campo’s time as minister, when the law passed twice through the Council of Ministers, and later in the parliamentary process and negotiation with the groups when the minister was already Pilar Llop.

From United We Can blame the situation created on the Ministry of Justice. This Monday, his spokesman, Isa Serra, stressed the “special” responsibility that Llop’s department had in everything related to the adaptation of the Penal Code, because it corresponds to the definition of penalties.

silence in justice

The bill was sent to the Cortes on July 6, 2021, and Campo was ousted just six days later.

“We told all the parliamentary groups that this was not being negotiated with Equality but with the Ministry of Justice, which had closed the sentences in a second round precisely under the premise of ‘avoiding reviews of the conviction of sexual offenders at all costs.’ And so it was done. The maximums were restored where they were ”, assure these sources of Equality.

Justice has not yet ruled on this matter since the controversy broke out a week ago. Neither Pilar Llop nor anyone from the Ministry have made statements.

The precedents of other important reforms of the Penal Code show that this period of vacation it was much older.

For example, in November 2003 a major reform was published that affected 170 articles of the Penal Code and did not enter into force until October 2004, that is, it had one year to coordinate its entry into force. That reform included the disappearance of weekend arrests, toughened penalties for drug trafficking, changed articles of domestic violence, child pornography and other crimes.

In 2015 there was a period of four months for the reform that suppressed the faults, included the reviewable permanent imprisonment for extremely serious cases and changed the age of sexual consent. The law was published in March and took effect in July, effectively extending the four months for the August court holidays.

Much more recent is the euthanasia lawwhich affects fewer articles of the Penal Code and which had a vacation of three months. It was published in March and entered into force in June.

Of the last ones approved, only the one that abolished the crime of picketing in 2021 came into force on the same day of publication, because it affected a single article. If the laws do not specify otherwise, they always enter into force 20 days after their publication in the BOE.

Source: Elespanol

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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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