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Prosecutors consider reducing sentence to ‘only yes is yes’ law with ‘clear priority to protect victims’

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The state attorney general, Alvaro García Ortiz, assured this Thursday that the prosecution will review the sentences that will be affected by the implementation of the “only yes is yes” law and that it will do so “to avoid automatisms” and “together. A clear priority and call to protect victims.”

This was Ortiz’s statement at the inauguration of the VIII Congress of the Observatory against Domestic and Gender Violence, in which the Minister of Equality, Irene Montero, also participated. Faced with a trickle of court decisions reducing penalties for sexual assaults affected by the “yes is only yes” law, Ortiz said, “There’s been a modification of the type of crime that’s taking place, and that means revising some of the existing penalties. “.

Both the government’s president, Pedro Sánchez, and the equality minister have indicated that the prosecutor’s office needs to make a decision on how to interpret the new rule on minimum sentences, which some courts have reduced. that the new law provides for lesser penalties.

Sources at the prosecutor’s office told elDiario that the cases are being analyzed in case a circular is needed to unify the criteria, although a decision has not yet been made on this issue. In addition, if this reference is made, share a series of steps – developed by the technical secretariat, review by the panel of prosecutors of the House and return to its final draft – which suggests that this statement, if it happens, will still go ahead. a few weeks.

Montero points to ‘fierce resistance’

Montero, for his part, did not specifically refer to the controversy, but argued that it is necessary to train judges in a gender perspective “for the correct application of laws.”

The minister emphasized that the laws approved by the government create “a solid legal framework for the protection of the human rights of women, children and girls in the context of sexist violence” and thanked those who work for this goal “despite brutality. A resistance that will try to stop this unstoppable change.”

Montero, who accused judges on Wednesday of “misinterpretation” of the rule, insisted that “sexist bias undermines the impartiality of the justice system” and insisted on the need to train legal operators to “gender manage cases”. – a sensitive manner.”

Rafael Mozo, interim president of the General Council of the Judiciary, did not want to enter into the debate – the CGPJ had already reprimanded the minister yesterday for his words – but he did not want to end his speech without emphasizing that judges have “an excellent curriculum.”

Source: El Diario

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