Since its introduction in the Criminal Code, following the reform of 2015, the penalty of permanent prison revisable, who could be sentenced Ana Julia for the murder of the little Gabriel, has been applied by the Spanish courts in ten of the 17 cases in which it had been requested by any of the parties. that Is to say, in 58.8 percent of the sentences handed down.
Of those ten rulings, according to data collected by the Statistical Service of the General Council of the Judiciary until July 31, 2019, a ruling was issued in the year 2017, four in 2018, and the remaining five in the first months of the current year.
the condemned to the penalty of permanent prison revisable in ten sentences analyzed are 10 men; of the 16 victims killed in total, 10 were women (62.5 percent), five of them girls; and 6 were men, among them two children. The number of children murdered (7) represents 43.8 percent of the total.
In all cases, the court appreciated the existence of treachery in the commission of the offence and applied the aggravating circumstance of kinship between the victim and the convicted. In two cases there were aggravating gender and in five, the sentence included at least one other offense (in four of these five cases, the other crime was assault or sexual abuse).
The average response time of the courts (the days elapsed since the incident occurred, until the decision was issued by the court of the jury) was 745 days in the sentence, 2017; 780 days in 2018 and 844, in 2019. In these proceedings intervened in judicial bodies located in the provinces of A Coruña, Almería, Barcelona, Guadalajara, and Pontevedra, Santa Cruz de Tenerife, Sevilla, Toledo, Valladolid and Vitoria.
in Addition to these 10 resolutions, there were seven other convictions in which the penalty of permanent prison revisable was requested by any of the parties but the court did not imposed: one in 2016 (the request was for the private prosecutor); two in 2017 (in both cases it was the popular accusation that made the application of the maximum penalty), three in 2018 (the requests were well the accusations particularly popular and well the Prosecutor's office); and a last sentence in 2019 (with the request of the claimant).
In these seven cases sentenced 10 men. The victims were 6, four men and two women.
Second instance and cassation
In the time period covered by the report have been detected in three second instance judgments by higher courts of justice: two -, 2018, of the TSJ of the Basque Country and the Canary islands; and the third, 2019, of the TSJ of Galicia. The three decisions confirmed the sentences of permanent prison revisable imposed by the court, the jury and the average response time (the elapsed time between the judgments at first and second instance) was of 90 days.
In 2019, there is a single judgment of the Supreme Court related to a procedure which was imposed on the accused the penalty of permanent prison revisable. , The Second division reversed the judgment of the supreme court of the Canary islands (which had been confirmatory) and fixed the penalty at 24 years of prison. Between the day on which the incident occurred and the judgment in cassation have passed 1.098 days.
Requirements
The penalty of permanent prison revisable is provided for in article 140 of the Penal Code for the murders in which the victim is under 16 years of age or is a person especially vulnerable by reason of age, illness, or disability; when the murder is subsequent to a criminal offence against sexual freedom committed by the perpetrator over the victim; when the perpetrator of the crime belonging to a group or criminal organization; and when the defendant of murder has been convicted for the death of more than two people.
Date Of Update: 16 September 2019, 16:00
