The Prosecutor’s Office appeals to the Supreme Court to reduce the sentence of one of those convicted of La Manada

The Prosecutor’s Office has appealed to the Supreme Court (TS) the decision of the Superior Court of Justice of Navarra (TSJN) to reduce by one year – from 15 to 14 – the prison sentence imposed on Ángel Boza, one of the five convicted of ‘La Manada’ – the group rape of the Sanfermines of 2016 -, by applying what is known as the ‘law of only yes is yes’. In the opinion of the Public Ministry, this is a “merely arithmetic” reduction.

The TSJ explained that it reduced the sentence because the Supreme Court itself indicated in the sentence with which it aggravated the sentence on ‘La Manada’ that it imposed 15 years in prison, as it was a sentence “close” or “close” to the legal minimum, minimums that the aforementioned law reduced “significantly.” Specifically, he explained that with the new law the minimum sentence falls by 1 year and 3 months, going from 14 years, three months and one day to 13 years.

«Consequently, the 15 years of prison imposed are two years above the possible minimum that, effectively, are within the possible penological arc, but which, in the opinion of the majority of this Chamber, no longer meets the parameter set by the Court Supreme Court in its ruling, when it described the sentence imposed as ‘very close to the legal minimum’, or as ‘a sentence higher than the legally provided minimum, although very close to it,’ the TSJ argued.

Prosecutor Isabel Rodríguez Mateo believes that the TSJ made “an incorrect interpretation” because it did not take into account either “the personal circumstances of the accused” – such as their subsequent attitude towards the victim or their collaboration with Justice – nor “the seriousness of the fact”, thus ignoring “the parameters set by the Supreme Court in the aforementioned ruling for the individualization of the sentence imposed and its proportionality.”

“It is not about resorting to a mechanical adaptation of the sentences imposed in arithmetic proportion to the new punitive framework, but rather adapting it to the criteria of proportionality,” says the prosecutor.

Thus, he reproaches that “the reduction carried out by the Superior Court (of Justice) was merely arithmetic, ignoring all those circumstances that the Second Chamber (of the Supreme Court) assessed to impose that 15-year sentence.”

The Public Ministry relies on the dissenting vote of the TSJ judge Esther Erice Martínez, who advocated maintaining the sentence handed down at the time by the TS, against the majority decision.

It is worth remembering that the Navarrese TSJ reversed the decision adopted last February by the Provincial Court, which rejected the review requested by Boza’s defense, which asked to go from 15 years to 13 years and 9 months.

The victim, “uneasy”

After learning of the TSJ’s ruling, lawyer Teresa Hermida, who represents the victim of ‘La Manada’, announced in statements to Europa Press that she will also appeal the reduced sentence, while saying that the young woman is “uneasy.” “disgusted” and “saddened” after learning of the TSJ’s resolution.

The Supreme Court established criteria last June on the reviews of final sentences carried out due to the ‘law of only yes means yes’ and endorsed the reductions in sentences by rejecting the application of the fifth transitional provision of the Penal Code (CP) of 1995, which includes the thesis of the Public Ministry.

The State Attorney General, Álvaro García Ortiz, had instructed members of the Public Ministry to advocate for maintaining the old sentence when it was possible to preserve it with the new criminal framework.

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