The Plenary of the Constitutional Court has dismissed unconstitutionality resources on Wednesday, interposed against the revisionable Permanent Prison approved by the previous Government of the Popular Party.
According to legal sources to the world, the full of guarantee court, for seven votes to three, has validated the constitutionality of the measure applied to the criminal worst of society, as proposed by Magistrate Encarnación Roca.
The President of the TC, Juan José González Rivas, Juan José González Rivas, Juan José González Rivas, Ricardo Enríquez, Pedro González-Trevijano, Antonio Narváez, Encarnación Roca (rapporteur) and Santiago Martínez Vares.
For its part, they have voted against Magistrates María Luisa Balaguer, Juan Antonio Xiol and Cándido Conde-Pumpido, members of the organ sector of the organ.
The sentence, which will be notified in the coming days, valid constitutionality even if it should be interpreted that prisoners who access probation, and see after being revoked, can access a new review of their procedural situation.
The resolution takes into account preceding pronouncements of the Constitutional Court, as well as the European Court of Human Rights that consider the reviewability of the penalty as a determining factor of its legitimacy, indicates legal sources.
Specifically, the CT has raised two objections, without declaring their unconstitutionality, requiring an interpretation according to the Constitution: the revocation of probation is only justified in cases where the freedom incurs in new crime or infringes the prohibitions and rules of conduct Established in the parole car and the revocation of probation should not be interpreted as a definitive impediment so that the punishment can obtain a new revision of the penalty in the future.
Fountain sources explain that the failure is collected that both the suspension of the implementation of the penalty lasting from five to ten years (Article 92.3 of the Criminal Code) and in relation to the review of the measure every two years, from Of the 25 years of compliance (Article 92.4.4.4.4.4.4.4.4.4th central code), the meaning of constitutionality and its interpretation is conditioned as established by the Court at point 9 of its resolution.
In said section of the sentence, it is collected that "the consequence associated with these assumptions - the return to prison without expatiently-provenance- is manifestly disproportionate. This does not mean that this precept is not susceptible to healing through the teleological reduction resulting from a systematic interpretation of a systematic interpretation. that connected it with the general causes of revocation of the conditional suspension to which it expressly refers to Article 92.3 first paragraph of the Criminal Code ".
Currently, there are eight assumptions to apply the revisionable permanent prison: the murder of less than 16 years of age or an especially vulnerable person; The task next to a sex crime; When the killer belongs to a criminal group; Multiple murder; kill the king, the queen or prince or princess of Asturias; Kill a foreign head of state; and the genocide and crimes for humanity.
It carries full compliance between 25 and 35 years, depending on the type of crime and whether the penalty is for one or more facts, after which it will be reviewed. If certain requirements for freedom are not met, the prisoner will continue in prison.
It was the PSOE who prompted the appeal against this penalty, although, once in the Moncloa and with the possibility in his hand to repeal it, the Socialists opted to wait to know the Court's opinion, reports EFE.
So much so that the sources consulted are referred to this fact as an explanation to have "frozen" for so long the resource of the permanent prison that Pedro Sánchez undertook to repeal on several occasions and that he was in his electoral program.
By knowing the ruling, the head of Justice of the PP, Enrique López, has held the news and has pointed out that "we are facing a pity that is as efficient in itself that we will expand them to other assumptions, such as domestic violence with a result of death , the repeat rapists and ultimately to all those extremely serious crimes that require a penalty of this nature, such as the revisionable permanent prison "." It is a new defeat to the president of the Government and the PSOE, which defended its unconstitutionality. It is a pity Constitutional, as is most of Europe, "he added.
Date Of Update: 08 October 2021, 09:23
