MADRID, 18 Jan. (.) –
The proposal of the Ministry of Equality to control sexual offenders released from prison with telematic bracelets when they see themselves benefited by the “only yes is yes” law requires that, previously, there be judicial authorization or that the conviction be reflected in the prohibition of approaching the victim as an accessory penalty to deprivation of liberty.
The Government delegate against Gender Violence, Victoria Rosell, pointed out yesterday that last December she issued an instruction before the trickle of downward revisions of sentences. The idea is that requests to install telematic control devices in cases of surprise or unexpected releases be dealt with within 24 hours.
Legal sources consulted by Europa Press limit this measure included in the plan of the Ministry of Equality by understanding that, prior to considering establishing control by means of a bracelet, a judge must have agreed to the prohibition of approaching the victim by means of a sentence.
Given the rise in cases of women victims of gender violence in December, the Prosecutor’s Office and the Ministry of the Interior have issued orders to promote the use of these telematic control bracelets, with some 3,000 activated to protect women victims of mistreatment. Equality yesterday also opened the focus to sexual offenders benefited by the controversial law of ‘only yes is yes’.
The aforementioned sources recall that control of sexual offenders “may be advisable” since in most cases the crime is committed in the closest environment of the victims, but they stress that this measure was already contemplated before it came into force. of the law of ‘only yes is yes’.
In other words, there is the possibility of controlling compliance with the restraining orders if the judges and courts impose on the sexual offenders, in addition to the prison sentence, the prohibition of approaching the victim, in accordance with article 57.1 of the Code Criminal, even when they are not relatives of the victim.
These sources recall that, in addition, the legislation has already contemplated for years the imposition of probation as “imperative”, so that when they are released from prison the Penitentiary Surveillance Judge has to agree on measures, among which are the prohibition of approaching to the victim.
THE PROSECUTOR SUPPORTS THE MEASURE
The prosecutor of the Violence Against Women Chamber, Teresa Peramato, has indicated this Wednesday that the installation of these bracelets for sexual offenders should be done “as immediately as possible” after the judicial authorization, taking into account that “it is necessary to attend to the geographical dispersion” and that “technicians must be given time to install it”.
In this sense, he added that the measure “has nothing to do with the application” of the sentence, but with “control” of the removal measures and the need to protect the victims. “What is done is to ensure compliance or penalty monitoring, so it does not entail any other limitation,” he pointed out in statements to the media before appearing at the subcommittee for the renewal of the State Pact against Gender Violence.
Peramato has also indicated that this measure can be requested by the victim herself, through her legal representation, or by prosecutors, although reiterating that it is essential that the judge or court give their authorization.