You can choose to wait for the Supreme Court to enact a doctrine, to amend a law pending in the Senate, to introduce a bill in Congress, or for the Spanish government to pass a reform law. In any case, peace has been asked within the Executive.
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On the one hand, the so-called ‘law of only yes is yes’ has led to the crime of sexual abuse virtually disappearing to be integrated into that of sexual assault, leading to a collapse of grief which forces the revision of final judgments, but which will also affect the higher judgments, a path that leads to the Supreme Court (TS), although it will have limited room for maneuver in applying the new law because it will have to comply to the case specifically.
On the other hand, the fastest way to reform the law would go through amend the proposed organic law to toughen punishments for human trafficking fleeing conflict or disaster, which are currently being considered in the Senate and whose period for partial amendments expires Nov. 23, according to Upper House groups sources. At least indoors Spanish government Calmness is required to face the consequences of the norm.
The “only yes is yes” law will affect decisions that are not final and subject to appeal, either on appeal or on appeal to the Supreme Court. High Councilwhich will prompt these courts to study the effects of the new law in the rulings affirming or amending those rulings.
The sources emphasize that the specific case will have to be re-analyzed, because although they are not final verdicts, the court cannot conduct a new trial or distort the account of proven facts. The interpretation will go hand in hand with the casuistry, summary.
It is expected that the Trial Chamber of the TS will rule in less than a month about the new law because of pending appeals.
As for the Senate and the aforementioned standard, according to the agenda of the Senate, it could be passed in plenary before Christmas and, if changes are eventually made, would have to go through Congress to ratify the changes.
It would be the quickest parliamentary route at the moment, making use of this law that is already under consideration in the Senate. The Senate has scheduled at least three plenary sessions before the end of the year.
Parliamentary groups can do that too amend organic laws pending before Congress whose period for submitting partial amendments has not yet expired, and fits into this scenario in the bill proposed by PSOE and Unidas Podemos to suppress the crime of sedition, which also affects the Penal Code. This route means waiting a few more weeks.
A third way would be that each parliamentary group introduce its own bill in Congress to request the amendmentalthough this already extends the deadlines further and obliges to respect the quotas that the parliamentary groups have to defend initiatives in plenary.
finally, the The Spanish government could choose to pass a reform lawbut then it would have to subject it to a report for public consultation and a report from advisory bodies before sending it to parliament, which would make approval impossible this year.
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Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
