Madrid (EFE) is yes: “We are not mere calculators, we must be something more.”
“Sex offenders cannot have privileged treatment compared to other criminals who, throughout the different reforms of the Penal Code, have submitted their sentences for review,” he stressed when appearing before the Senate Justice Commission to present the memory of the Prosecutor’s Office of 2021.
The decree so that prosecutors do not support the reduction of sentences for sexual crimes
García Ortiz has not wanted to ignore the open debate around the Law for the Comprehensive Guarantee of Sexual Freedom and the reductions in sentences for sexual crimes and has defended the decree that he issued so that prosecutors do not support sentence reductions if they can also be imposed by the new law.
The decree, he explained, aims to guarantee the principles of legal certainty and equality, “ensuring that any prisoner, whatever the crime, is subject to the same interpretation of the most favorable criminal law.”
In this context, it has guaranteed that its position, from the “strictly legal” point of view, “is well defined” and its spirit “is and will always be to avoid spaces of impunity and protect victims.”
“The function of the jurist is not purely arithmetic, it is not – it should not be – an exercise in automatism, we are not mere calculators: we must be something more”, pointed out García Ortiz, who has pointed out that among the different constitutionally possible interpretations, they opted “for the most guaranteeing and respectful of the rights of the victims” and with the Istanbul Convention.
The prosecutor has assured the senators that they have not invented anything and that their criteria follow consolidated jurisprudence, as established by the Supreme Court when applying the reform of crimes of terrorism introduced in 2015 and that it also lacked a transitory regime expressly provided for.
Equality sees “sufficient” technical solutions to unravel the law of only yes is yes with the PSOE
The Minister for Equality, Irene Montero, defended at the beginning of the week at an informative breakfast that there are “sufficient” and “rigorous” technical solutions to be able to agree with the PSOE on any change to the law while maintaining consent at the center: “The decision it is deeply political, it has never been a technical problem”.
PSOE sources, for their part, have stressed that contacts have never ceased, more formal or less.
According to the head of Equality, as long as consent is maintained at the center of the Criminal Code “there will be many possibilities for the agreement,” he declared.