26 January 2015
Bilbao Campus
A University of Deusto lecturer in Criminal Law, she took part in the ETB show ‘Sin ir más Lejos” to analyse the recent reform of the Criminal Code. Demelsa Benito described permanent imprisonment as a euphemism for life imprisonment, and she explained that there are not enough anti-corruption measures.
On 21 January, reform of the Criminal Code was approved. This reform includes the reviewable permanent prison sentence, which will be applied to crimes of exceptional gravity and, and which will not be suspended before the first 25 years of fulfilment. The reform was only supported by the Spanish conservative political party PP.
University of Deusto’s lecturer in Criminal Law, Demelsa Benito, was interviewed about the new reform project entering into force in 2016.
Benito explained how this reform was “unnecessary and unjustified”. She stated that “the criminal code was already unnecessarily reformed back in 2010 and that in the past 5 years the crime rate has not increased. Therefore, there is no empirical basis for this reform”.
Punitive Populism “Without taking into account specific reforms in the field of corruption or economic crime - Benito stated - "the rest of the reforms can be included within the framework of Punitive Populism, a legislative tendency oriented towards the punishment of an increasing number of conducts, stiffer sentences and a reduction in citizens’ guarantees. All of it is based on a supposed social demand which may truly exist but is not followed by criminal legislators who normally seek personal revenge instead of justice.
Regarding the new reviewable permanent prison sentence, he stated that “it is nothing more than a euphemism for life imprisonment – as it goes against the means of the sentence included in article. 25.2 of the Spanish Constitution: re-education and social reinsertion. Such long sentences cannot fulfil their main re-socialising principle.
The legal age for consensual sexual relations is raised
Reform of the Criminal Code raises the age of sexual consent from 13 to 16. Regarding this, Benito stated that “any sexual act involving a person under the age of 16 will be a crime" We are dealing with all kinds of acts as it is a broad expression. The current criminal code considers it a crime to “attack the sexual integrity “of a person under the age of 13. “Sentences will range from 2 to 6 years”, she stated.
Regarding the question asked by the programme presenter Claudio Landa about minors having sex with each other, the expert in Criminal Law stated that “in theory, that is not considered a crime” She added that “the reform project considers an exception in these cases in which the author and the victim are of similar age or of similar psychological maturity." In any case, she pointed out that there is legal uncertainty in the criminal code, therefore every case will be different"
Anti-corruption measures
However, Benito believes that “there are many inefficient measures” She highlighted the “inclusion of the crime of illegal funding for political parties”.
However, she warned that "it is not the solution for every case of corruption in Spain.” It is important to take into account that not many people will go to jail for this crime as prison sentences are not very stiff, which will permit suspended sentences.” It is also necessary to positively value the fact that any person convicted of corruption must return the money".
Regarding the possibility of these measures having a retroactive nature, she remarked that “the Constitution forbids the retroactivity of any sanction involving the restriction of rights”. This constitutional provision is vital as it ensures the legal security of citizens.
It ensures that citizens cannot be condemned for an action which was not considered a crime at the time it was committed while ensuring that it cannot be punished by a sentence which was not foreseen at that particular time.”
