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Francisco García: "We Spaniards deserve to have a legal tool like the permanent remainable prison, something that is already available in almost all advanced countries" (25/01/2018)

it is a coherent institution, which is well incorporated into our guarantee model and has a perfect criminal record |

The spokesman of the Municipal Executive, Francisco García, has informed that he will raise to the next plenary session of the Consistory a motion to support and defend the remand permanent prison, a tool of defense for all Spanish citizens with which we Spaniards deserve to be endowed with facts serious crimes, whose most recent examples we all have in memory, and to which we can not afford to generate a feeling of helplessness among society.

Francisco García has pointed out that we are talking about a true popular demand before which public administrations have an obligation to respond, since we can not allow a feeling of frustration, helplessness and injustice among acts of extreme violence or cruelty among Spaniards.

It is a guarantee that the majority of European citizens do have that Lorca also deserve to have.

In fact, this model is very widespread in European Comparative Law that the European Court of Human Rights has considered adjusted to the European Convention on Human Rights, as it has declared that it is perfectly applicable when the national law offers the possibility of reviewing the sentence of indeterminate duration with a view to its commutation, remission, termination or conditional freedom of the convicted person.

The Municipal Spokesman has indicated that in the course of the Plenary the support of the political groups with municipal representation will be requested to the figure of the revisable permanent prison incorporated to the Spanish legal order by the Organic Law 1/2015, of March 30, by the that the Organic Law 10/1995, of November 23, of the Penal Code is modified, and the different Parliamentary Groups with representation in the Congress of Deputies will be urged to reconsider their position on the repeal of the reviewable permanent prison.

It is worth remembering that on November 10 a Proposition of Law was accepted for the purpose of repealing the permanent remainable prison and that it had the only vote against the Popular Group, since the rest of the parties turned their backs on society, denying to the citizens the possibility of equipping themselves with a defense mechanism that is available to practically all advanced countries.

Francisco García has stressed that we are talking about an instrument that exists in many countries around us, in governments of all types of political courts;

it is a coherent institution, which is well incorporated into our guarantee model and has a perfect criminal record.

The reviewable permanent prison does not renounce the reintegration of the prisoner, because once a minimum part of the sentence has been served, a Tribunal must reassess the circumstances of the convicted person and the crime committed and may review it.

The forecast of this periodic judicial review of the prisoner's personal situation, ideal to be able to verify in each case the necessary favorable prognosis of social reinsertion, says the Statement of Motives, "removes all doubt of inhumanity of this penalty, by guaranteeing a horizon of freedom for the condemned. "

Once the minimum time of the sentence has been served, "if the Court considers that the necessary requirements do not exist for the prisoner to be able to regain his liberty, a period will be established to carry out a new review of his situation; On the contrary, the Court considers that it meets the necessary requirements to be released, a conditional freedom period will be established in which conditions and control measures will be imposed, aimed at guaranteeing the safety of society, as well as assisting the prisoner in this phase end of his social reintegration. "

Therefore, the penalty of permanent remainable prison does not constitute, therefore, a sort of "final penalty" in which the State disregards the prisoner.

On the contrary, it is an institution that makes compatible the existence of a criminal response adjusted to the seriousness of the guilt, with the aim of reeducation to which the execution of prison sentences must be directed ".

Source: Ayuntamiento de Lorca

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