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Retrospective application of the 2022 sexual-offences reform
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2022
ECLI:ES:TS:2022:4848
What the Supreme Court considered and decided
The court reduced a sentence because Organic Law 10/2022 was more favourable in that case. It compared the applicable regimes and maintained other rulings, with the additional consequences explained in the official note.
What this helps explain
It is an assumption of transitional law: it does not allow the criminal scale to be simply transferred to acts committed under a subsequent reform.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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More favourable criminal lawCriminal penaltyCriminal fineDaily fine instalmentPayment of a fine in instalmentsSubstitute liability for an unpaid fineCommunity serviceSuspension of a sentenceExtinction of criminal liabilitySexual assaultSexual consentFinal judgmentEvidence taken in advance of trialRequest for reconsiderationReasoned judicial order