As citizens we must be aware of and informed of all these changes. In fact, it is advisable to consult any questions with a criminal lawyer , an expert in the field, especially if you may be affected by this type of modification, since if the sentences are reduced, a review of the criminal offenses can be requested .
Modification of the crime of sedition
On January 12, 2023, the elimination of the crime of sedition and the car owner database modification of the crime of embezzlement came into force.
The main change is the elimination of article 544 of the Criminal Code , which included the crime of sedition, punishable by between 10 and 15 years in prison and disqualification, and a new crime has been created for aggravated public disorder in article 557, where the sentences range from 3 to 5 years in prison and 6 to 8 years of disqualification.
If we read the first section of article 557 of the CP, the basic type is as follows:
« 1. Those who, acting in a group and with the aim of attacking public peace, carry out acts of violence or intimidation shall be punished with imprisonment from six months to three years:
a) About people or things; or
b) obstructing public roads, causing danger to the life or health of people; or
c) invading facilities or buildings, seriously disrupting the effective functioning of essential services in those places .
In fact, if we continue reading this provision, the crime is aggravated by a prison sentence of three to five years and special disqualification for employment or public office for the same period when committed by a crowd whose number, organization and purpose are suitable to seriously affect public order.
And in the case of the crime of embezzlement , the traditional type is maintained with the same penalties established in article 432 of the Criminal Code, but it is required that there be " profit motive " when the authority or public official "appropriates or consents that a third party, with the same motive, appropriates the public assets that are in his charge by reason of his functions or on the occasion of the same."
Unless you have been on a desert island, isolated from the world and without any kind of communication, you will know that the crime of sexual assault has been reformed with the famous Yes is Yes Law.
With this reform, the crimes of sexual assault and sexual abuse have been unified . Now all sexual conduct without consent is sexual assault, sexual abuse has disappeared. For example, chemical submission is now considered sexual assault.
With this unification of crimes, new ranges of sentences have been established and this has meant a review of the sentences since a lower legal minimum has been established. According to art. 2.2 of the Penal Code , by establishing more beneficial sentences, retroactivity comes into play and therefore, the sentences can be reduced.