The courts have agreed to at least 721 penalty reductions in application of Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, according to data collected until March 1 by the General Council of the Judiciary of the Supreme Court, the Superior Courts of Justice and the Provincial Courts.
These resolutions have led to at least 74 releases, noting that not all judicial bodies have provided this information. Therefore, the tables provided include only confirmed and reported releases.
The Permanent Commission has agreed that this information will be updated periodically and publicly through the Communications Office of the General Council of the Judiciary.
For the correct interpretation of the data, the following should be taken into account:
– The data contained in the tables respond to sentence reductions, acquittals and releases produced from the entry into force of Organic Law 10/2022 on October 7, 2022 until the one reflected as "date of update". The reported acquittals are a consequence in all cases of the declassification of the crime of sexual abuse committed by deceit with minors between 16 and 18, punished in article 182.2 of the Penal Code prior to the reform operated by LO 10/2022.
– The data that appear in the Provincial Courts table correspond exclusively to sentencing opinions and do not include those judgments handed down in relation to events that occurred before the entry into force of LO 10/2022 in which this has been applied. -and not the norm in force on the date of the facts prosecuted- because it is considered more favorable for the accused. When a Provincial Court has communicated this information, it is recorded in the "Observations" section.
– Against the resolutions issued by the Provincial Courts in the review process there are the same appeals as against the judgments of instance. Thus, in those cases in which the Superior Court of Justice has revoked, by way of appeal, a sentence of the Provincial Court that had agreed to a reduction in sentence, said reduction has been deducted from the global calculation offered by the data (it is reflected in the table with a “-1”). In the same way, the data corresponding to the TSJ may reflect resolutions that have upheld the appeal filed against a resolution of the Provincial Court in which the sentence reduction was denied.
– The data that appear in the table of the Superior Courts of Justice correspond to resolutions handed down in appeals filed against first instance judgments, or against resolutions handed down by the Provincial Courts in the process of reviewing sentences.
– The data that appear in the table of the Supreme Court correspond to decisions issued in appeals.
– There is no global data on matters already reviewed, pending or pending review by judicial bodies. Some of these have expressed the difficulty that the strike that the lawyers of the Administration of Justice suppose to be able to offer or update this data. However, the judicial bodies of Madrid have reported that up to the data submission date -February 16- they had processed 84% of the resolutions subject to review of which they were aware, while the Supreme Court has reported that that there are 224 pending appeals in which the parties have been notified so that they can make allegations about the incidence of LO 1O/2022 in the specific matter, 26 having been resolved up to the date of data delivery.
– The data offered also does not include the revisions of the sentence that the Criminal Courts, competent to prosecute crimes against sexual freedom punishable by up to five years in prison, may have processed, given the difficulty of collecting this information from single-person bodies.
