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 onAngel Bozaone of the five convicted of The pack -the group rape of the Sanfermines of 2016-, by applying what is known as 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 to The pack which imposed 15 years in prison, for being 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, 3 months and 1 day to 13 years.
“Consequently, the 15 years of prison imposed remain 2 years above the possible minimum that, effectively, are within the possible penological arc, but that, in the opinion of the majority of this Chamber, is already does not meet the parameter set by the Supreme Court in its rulingwhen it qualified 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 sentence 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 adapt it to the criteria of proportionality”says the prosecutor.