The First Section of the Provincial Court of Alicante has issued an order this Thursday by which it reduces the sentence -from six to four years- imposed on a person convicted of a crime of sexual assault constituting rape by two years and agrees his immediate release.
The Court expressly stated in the judgment issued on December 2, 2010 that it imposed on the defendant the "minimum penalty" provided by the legislator for that crime, for which reason it now applies, as it is more favorable to him, the minimum penalty that The Penal Code contemplates for the same crime after the reform operated by Law 10/2022 on the comprehensive guarantee of sexual freedom.
"Convicts always have the right to have the most beneficial rule applied to them, even if it is after the time their sentences are handed down, so that in the case at hand, the sentence imposed in the sentence for the crime is reviewed. in articles 178 and 179 of the Penal Code and the reduction of the sentence imposed for this crime”, specify the magistrates.
The Court invokes in the legal grounds of the order the recent judgment of the Supreme Court, dated November 29, 2022, in the framework of the so-called 'Arandina case'.
The defendant in this case was sentenced, along with other defendants, to a total of 13 years, 9 months and two days in prison broken down as follows: six years and one day for a crime against the rights of foreign citizens due to immigration illegal, six years and one day for a crime of sexual assault constituting rape and one year, nine months and one day in prison for a continued crime of documentary falsification.
Convicted for raping an illegal worker who worked in his call shop
The Court declared it proven that the man, who ran a call shop and a butcher shop in towns in the Marina Alta, charged compatriots money to facilitate their entry into Spain with false documentation between 2005 and 2006.
According to the sentence, the convicted man, who had installed one of these immigrants in his home and had employed her in his booth, took advantage of one of the frequent trips by vehicle that both made to get off the road, park in a wilderness and isolated area and rape the victim.
The prisoner began serving the sentence imposed in the sentence on February 23, 2012, so it should be extinguished within a year, specifically on October 17, 2024.
By reducing his sentence for the crime of rape by two years, the Chamber has agreed to his immediate release. The order, which will be notified to the Prosecutor's Office, the prisoner, his procedural representation and the injured party herself, can be appealed in cassation before the Supreme Court.
