Pamplona, Feb 6 (EFE).- The Second Section of the Provincial Court of Navarra has rejected lowering the 15-year prison sentence imposed by the Supreme Court on one of the five convicted of the 2016 Sanfermines group rape.
The defendant Angel Boza’s defense had requested that it be reduced to 13 years and 9 months. Both the prosecution and the victim’s lawyer had opposed the review raised by the defendant’s defense.
In the order, which can be appealed before the Superior Court of Justice of Navarra, the magistrates maintain that the sentence of 15 years in prison is also adequate in accordance with the new regulation of crimes against sexual freedom, known as the law of only if yes
In its resolution, the Court includes, in order not to lower the sentence, the justification of the Supreme Court ruling, which stated that for the continued crime of rape it was appropriate to impose a sentence of 15 years in prison on each of the five defendants.
Close to the legal minimum
The Supreme Court added that the legally provided penalty, in accordance with the provisions of the Criminal Code, is 14 years, 3 months and 1 day in prison, although it can reach 18 years in prison when, through a preconceived plan, a plurality is carried out. of actions or omissions that offend one or more subjects.
According to the Supreme Court, the sentence imposed, 15 years in prison, is very close to the legal minimum and therefore it “is proportionate to the personal circumstances of the defendants and the seriousness of the act.”
“In effect, the facts are very serious, and the attitude of the defendants after the same that is described in the sentence increases the guilt of the unjust, or the illegality of his conduct, which justifies the imposition of a sentence higher than the minimum legally provided for, although very close to it”, concluded the Supreme Court.
In this regard, the Second Section of the Court of Navarra highlights the meticulous individualization work carried out by the Supreme Court and, therefore, considers that the 15-year prison sentence imposed at the time “is equally susceptible to imposition in accordance with the new regulation of crimes against sexual freedom”. EFE