The two parliamentary groups that support the Government, the PSOE and Unidas Podemos, have agreed on Tuesday a technical adjustment with which they intend to facilitate the "correct application" of the law of only yes is yes, after the intense political and legal controversy that is coming causing the interpretation by some judges of this new regulation, with reductions in sentences for sexual offenders.
This technical touch-up, as reported by the socialist group, has materialized with the incorporation of a paragraph in the explanatory statement of the reform of the Criminal Code in progress, "which facilitates the interpretation of transitory law in accordance with consolidated jurisprudence, to a correct application of the modifications of the Penal Code, among them some recently approved as the law of Sexual Freedom”.
In a transaction approved to an amendment of the PDECat, this Tuesday, during the Justice commission that has given the go-ahead to the penal reform, which will be debated and voted on this Thursday in plenary session of Congress, the wording of this modification has been defined of the explanatory statement of the bill promoted by the PSOE and Unidas Podemos.
It reads as follows: "For the application of the penal reforms contained in this law to crimes committed before its entry into force, the first, second and third transitory provisions reproduce the transitory provisions of other organic laws intended to modify the Penal Code, such as organic law 5/2010, of June 22, or organic law 1/2015, of March 30, which in turn substantially correspond to those established at the time by the Penal Code of 1995, in its original wording given by organic law 10/1995, of November 23, which are provisions that are currently in force and have been properly interpreted by the Supreme Court”.
Consequently, the new wording adds, "even if no transitional regime was established in this law, the same conclusions would be reached by application of article 2.2 of the Penal Code and the fifth transitional provision of organic law 10/1995."
And it concludes: "However, the diversity of interpretations made in recent reforms that affect the Criminal Code recommends its express introduction, in accordance with the principle of legal certainty guaranteed in article 9.3 of the Constitution."
