The Provincial Court rejected the appeal presented by the prosecution and confirmed the suspension of JCA’s 15-month prison sentencefound guilty of five crimes minor prostitution. Everything, after the public prosecutor filed an appeal to request said review of the granting of suspension of the sentence of the convicted person.
This appeal was based on the seriousness of the offense committed, “justifying the refusal by the necessity of the population maintains its confidence in the rule of law considering that any other decision may be misunderstood”, they said, clearly referring to the general positive prevention function, which, according to them, must take precedence over other sanctioning functions such as resocialization and reduction.
To reject the appeal, the court argues the following: “The nature of the events, their seriousness or their impact on the victims was something that the prosecution already took into account, agreeing with the defense on a compliance which, by legal provision according to article 787 LECrim, must necessarily be approved by the Court, and that determined a reduction in civil liability annulled the crime and a reduction of the sentence requested”.
They then remember: “The magistrates speak of a sentence of 15 months in prison and a case in which all the necessary circumstances occur grant suspension. “In conjunction with other circumstances, it was decided that he would be permanently suspended.”
The conviction of the accused, September 11, 2024
The Provincial Court of Murcia, on September 11, 2024, sentenced the accused as perpetrator of five offenses of promoting the prostitution of a minor, with the penalty for each of them of five months in prison and fine of 3,600 euros, one year of supervised release and payment of 10,000 euros.
Taking into account the maximum compliance limit of 15 months in prison, the absence of a criminal record of the convicted person, the civil liability noted and the payment of the fine, the suspension of the custodial sentence was granted subject to reservation. that, for four years, he no longer committed crimes or communicated with the victims. In addition, the convicted person had to participate in a behavioral rehabilitation program on sexuality.
“The appeal does not call into question whether all the required conditions are met the Penal Code for the suspension of prison sentences, which determines that the sentences imposed must necessarily be suspended. Therefore, the impugned order must be confirmed,” the court concluded.
NPCP and WGDM sentenced to six years in prison
On the other hand, the Chamber refused to consider the appeal ready for the Supreme Court against the sentence pronounced on September 11, 2024, raised by the representation of two of the convicts to whom the Court did not grant the benefit of the suspended sentence and who must enter prison. This is the case of the NPCP and the WGDM, sentenced to six years in prison.
