Post by account_disabled on Mar 8, 2024 23:05:29 GMT -5
The art. 191.1 CP establishes that "to proceed with the crimes of assault, harassment or sexual abuse, a complaint from the aggrieved person, their legal representative or a complaint from the Public Prosecutor's Office will be required , which will act by weighing the legitimate interests present." Sexual assaults are a crime of a semi-public nature that requires, as a general rule, the complaint of the aggrieved person to initiate the procedure - not to prosecute -, although there are certain exceptions (this is not the case) in which the prosecution can take action. The initiative.
According to the statement issued by the prosecution, in view of the public statements made by Jennifer Hermoso, “the sexual act suffered by her and carried out by Mr. Rubiales was not Fax Lists consensual .” For this reason, the Prosecutor's Office of the National Court opened pre-procedural investigation proceedings for the investigation of the facts that could constitute a crime of sexual assault , provided for and punished in art 178 CP." The complaint that is being made now would directly open a judicial investigation, which can be pursued at the request of the prosecutor's office once the victim initiates the process .
Point 4 of Circular 1/2023, of March 29, of the State Attorney General's Office, on criteria for action by the Public Prosecutor's Office after the reform of crimes against sexual freedom operated by Organic Law 10/2022, of 6 September : “In any case, surprise or fleeting touches on erogenous zones are worthy of criminal reproach, even when carried out over clothing (SSTS 227/2021, of March 11; 524/2020, of October 16; 632/2019, of December 18); kisses on the mouth (SSTS 165/2022, of February 24; 702/2022, of July 11); or touching non-erogenous zones when the circumstances of the case justify considering an attack against sexual freedom (STS 107/2019, of March 4).
According to the statement issued by the prosecution, in view of the public statements made by Jennifer Hermoso, “the sexual act suffered by her and carried out by Mr. Rubiales was not Fax Lists consensual .” For this reason, the Prosecutor's Office of the National Court opened pre-procedural investigation proceedings for the investigation of the facts that could constitute a crime of sexual assault , provided for and punished in art 178 CP." The complaint that is being made now would directly open a judicial investigation, which can be pursued at the request of the prosecutor's office once the victim initiates the process .
Point 4 of Circular 1/2023, of March 29, of the State Attorney General's Office, on criteria for action by the Public Prosecutor's Office after the reform of crimes against sexual freedom operated by Organic Law 10/2022, of 6 September : “In any case, surprise or fleeting touches on erogenous zones are worthy of criminal reproach, even when carried out over clothing (SSTS 227/2021, of March 11; 524/2020, of October 16; 632/2019, of December 18); kisses on the mouth (SSTS 165/2022, of February 24; 702/2022, of July 11); or touching non-erogenous zones when the circumstances of the case justify considering an attack against sexual freedom (STS 107/2019, of March 4).