The Supreme Court raises the penalties of the ‘Arandina case’, but says that they would be higher without the ‘law of only yes is yes’ | Spain – News X

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The Supreme Court raises the penalties of the ‘Arandina case’, but says that they would be higher without the ‘law of only yes is yes’ |  Spain
– News X

The Supreme Court has aggravated the sentences of two of the former Arandina players convicted of forcing a 15-year-old teenager in November 2017. The Criminal Chamber has upheld the appeal of the prosecutor and the accusations to increase the punishment for the two convicted, but it has imposed nine years in jail, a sentence one year less than the one that would have corresponded before the reform of the law on sexual freedom, known as law of only yes is yeswhen applying the new norm for being more favorable to the aggressors.

It is the first time that the Supreme Court applies the new legislation, whose entry into force has led to dozens of sentence reductions. The high court emphasizes that the rule may be applied to the benefit of the defendant when a lower sentence is now set in those cases in which this is appropriate, but analyzing it on a case-by-case basis, and not globally, both in matters pending trial, appeals of appeal and cassation and in penal executions.

It includes a particular opinion of magistrate Ángel Luis Hurtado, who understood that the analogical mitigation already applied by the Superior Court of Justice should have been maintained, with a slight reduction in sentences as the new Law was also considered more beneficial.

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