The State Attorney General, Álvaro García Ortiz, will submit the circular drafted for the application of the law of the only yes is yes on the next day 16 for debate by the Board of Prosecutors of the Chamber -considered as the Generalate of the Prosecutor's Office.
According to legal sources reported to EL MUNDO, the text insists on the idea that the review of final sentences is not appropriate when the sentence imposed is also susceptible to be imposed with the current law, as well as that there is to flee from automatisms at the time to apply reduced sentences.
When the so-called Montero Law entered into force, the attorney general already issued a decree giving general guidelines to prosecutors on its application. However, various prosecutors from the Chamber then suggested that the appropriate thing to do was to issue a circular and discuss it in the body made up of the highest-ranking prosecutors of the Prosecutor's Office.
García Ortiz agreed to such an idea and next week that circular will be addressed by the Board of Chamber Prosecutors. The text delves into this same idea of trying to avoid automatic sentence reductions and other lines of action outlined in the previous decree -of lesser extension- are specified.
Despite the criteria maintained by the Public Ministry, trying to reduce the number of sentence reductions for sexual offenders as much as possible, the reality is that all the courts in Spain have carried out sentence reductions in application of the law of only if it is Yeah. The data handled by the General Council of the Judiciary reflect that there have already been more than 750 reductions with the norm promoted by the Government of Pedro Sánchez.
Article 2.2 of the Criminal Code establishes that "those criminal laws that favor the accused shall have a retroactive effect, even if a final sentence had been handed down when they entered into force and the subject was serving a sentence. In case of doubt about the determination of the most favorable Law, it will be heard the defendant. The acts committed under the validity of a temporary Law will be judged, however, in accordance with it, unless expressly provided otherwise".
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