The Government delegate for Gender Violence presents as a result of the reform three years in prison that are due to another cause
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Victoria Rosell referred yesterday to a judicial resolution on the law of the just s is s, and for the first time he did not do it to criticize those responsible. On the contrary, the Government delegate for Gender Violence released some lines of the sentence in which the court maintained that the legal reform imposed a more serious penalty than the one in force up to now.
The three signatory magistrates, members of the Civil and Criminal Chamber of the Superior Court of Justice of Murcia, are Miguel Pasqual del Riquelme -president of the TSJ-, Joaquin angel of Sunday Y Francisco Javier Kimatraí. Until their rehabilitation yesterday by Rosell, the three were in the category of judges reviled by the Ministry of Equality for their macho misapplication of the legal reform and who should be better trained.
The same three magistrates signed last week a reduction in the sentence of a man convicted of attempted rape. The initial four and a half years in prison were reduced to three in accordance with the law of just s is s already in force. That was one of the decisions that provoked explicit criticism from Rosell, Minister Irene Montero and officials from United We Can.
The Government delegate for Gender Violence, presented yesterday’s decision by the magistrates to add a sentence for sexual assault as if it were a consequence of the law of the just s is s. In reality, the three years that the court imposes on an already convicted of attempted murder are due to another reason unrelated to the reform: that the action of pounce on the woman and kiss her by force before stabbing her should be punished independently. and not be included in the attempted murder.
The Court of Murcia had made this last interpretation, since the attempt included the aggravating circumstance of acting for reasons of gender, out of a desire to dominate women without a sexual nature. Last June, when the law of only yes is yes had not yet left the courts, the prosecutor appealed to add the sentence of sexual assault. The TSJ of Murcia has agreed with him and adds three years in prison to the 12 for the attempted murder.
In a message on Twitter This Monday, Rosell presents the increased sentence together with a reference from the court to the reform of the law of the just s is s. The magistrates do not cite to be able to condemn, but to indicate that they apply the previous law because it is more favorable. Applying the more serious reform would have been unconstitutional, since reforms that are harmful to the convicted person cannot be applied retroactively.
Rosell’s message on Twitter read: The TSJ Murcia aggravates the sentence in a case of #Gender Violence for #SexualViolence that the AP did not apply. It is an appeal, not a review. ‘LO 10/2022 establishes a more serious penalty for sexual assault than the one in force on the date of the facts prosecuted’.
Pursuant to the previous law, the facts examined were a sexual assault punishable by between one and five years in prison. According to the current reform, the assault would have a sentence of two to eight years, since an aggravating circumstance would be applied that did not exist before, that of having been a victim and aggressor couple.
The phrase that Rosell quotes from the sentence is not literal. In reality, the Chamber says that the new wording is notoriously more serious. What is notoriously refers to the warnings contained in the legal reports on the law, which alerted that in some case the increase in penalties in a specific case could generate proportionality problems.