The five sentenced to nine years in prison for a continued crime of sexual abuse with a girl in the 2016 Sanfermines, the one known as Case of the Pack, they will wait in freedom for the resolution of the appeals filed by his defense and the various allegations before the Supreme Court. The Second Section of the Audiencia de Navarra, which dictated the first sentence in April 2018, has maintained its criteria after the Prosecutor's Office and accusations requested the return to jail of young people after the confirmation of the sentence by the Superior Court of Justice of Navarre.
The decision, as it happened with his release, has been taken by two votes against one, the president of the room, José Francisco Cobo, who bet on the return to prison of the five unconditionally. The judges Ricardo González and Raquel Fernandino consider that the circumstances that the last June 22, they took them to order provisional release with a deposit of 6,000 euros. It is the second time that the magistrates of this court reject the revocation of freedom for the defendants in this case, since last July they also maintained this measure for Antonio Manuel Guerrero, for which the accusations called for a return to prison for trying to renew the passport three days after being released.
On December 26, the Second Section of the Provincial Court of Navarra held a hearing to study the petitions of the Office of the Prosecutor and the three accusations present in the summary – the representation of the victim, the Government of Navarre and the City Council of Pamplona–. The four considered that the confirmation of the conviction by the Civil and Criminal Chamber of the Superior Court of Justice, which also orders the Court to also sentence them for the offense against intimacy originally ruled out, increased the risk of escape the five condemned.
The Office of the Prosecutor recalled the importance of this second sentence maintaining the proven facts included in the initial judgment. Two of the five magistrates of the TSJN, among them its president Joaquín Galve, they signed a private vote in which they considered that what happened on July 7, 2016 on a Pamplona website was a sexual assault and they requested a sentence of 14 years in prison.
All the parties present in the case have filed an appeal before the Supreme Court, where it will be decided if it's about rape or abuse or an acquittal will be issued. The accusations insist on the classification of sexual assault while the defense wants them to be acquitted as it ensures that what happened was a multiple sexual relationship consented to by the girl. Waiting for the resolution of that resource, José Ángel Prenda, Alfonso Cabezuelo, Jesús Escudero, Ángel Boza and Antonio Manuel Guerrero will remain in freedom.