The magistrate transforms the proceedings prior to a trial for serious crimes
The chief magistrate of Investigation Court number 8 of Murcia ordered to transform the previous proceedings followed against a detainee for the sexual assault and robbery of five women on the Segura river speck, in Murcia, into a summary procedure for serious crimes. The suspect was arrested at the end of September by the National Police after several women reported having been sexually assaulted in this area.
In the order, notified this Thursday, the instructor reasons that from the procedures carried out it is clear that the denounced facts could constitute various crimes against sexual freedom and robbery with violence and intimidation. And that, at least one of them, carries penalties of more than 9 years in prison, in the abstract, and can reach 12 or 15 years, in the event that the aggravated type of rape is applicable.
At this point, the investigator clarifies that, at the time of the denounced facts and the subsequent entry into provisional prison of the investigated, on September 26, Organic Law 10/2022 on the comprehensive guarantee of sexual freedom was not yet in force. He adds that “without prejudice to the considerations that the application of art. 2.2 of the Criminal Code” and the principle of retroactivity in the application of the most favorable legislation to the accused, the most serious crime under investigation -sexual assault with carnal access- carries sentences of 4 to 12 years or 7 to 15 years. in case of aggravating factors.
For this reason, and after practically concluding the investigation in two months, according to the resolution, while waiting for the requested forensic reports to be received in court, it is agreed that the summary procedure for serious crimes be followed, assessing the penalties in abstract for 5 robberies (2-5 years each), 4 non-penetrative sexual assaults (1-4 years each), and one penetrative sexual assault (4-12 years, or 7-15 years). With which, “without taking into account possible crimes of injuries, the total sentences that the investigated would face could be close to 30 years in prison,” he concludes. The resolution is not firm and against it there is an appeal for reform.
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