The Organic Law of the Judiciary, is that the criminal act b

The first requirement, established in section a) of article 23.2 of the Organic Law of the Judiciary, is that the criminal act be punishable in the place where it was committed . This implies that the crime must be recognized as such by the legislation of the country in which the crime took place. However, there is an exception to this requirement when an international treaty or a normative act of an international organization of which Spain is a part provides otherwise, which highlights the importance of international relations in the definition of extraterritorial jurisdiction, although it is not necessary to resort to it to the extent that the crime of sexual assault is classified in Australia, the country in whose territory the act committed by Luis Rubiales against Jenni Hermoso occurred.

Secondly, section b) refers to the fact that the aggrieved party or the Public Prosecutor's Office must file a complaint before the Spanish courts . This guarantees that there is an express DJ USA will to bring the case before Spanish jurisdiction and avoid possible parallel prosecutions. Furthermore, in cases of crimes under the jurisdiction of the European Public Prosecutor's Office, this requirement is considered met when said entity effectively exercises its jurisdiction. Third and last, section c) states that the offender must not have been acquitted, pardoned or punished abroad for the same crime . In the case of a sentence abroad, if the offender has served part of the sentence, said sentence will be taken into account to proportionally reduce the sentence that would correspond to him in Spain.





This requirement seeks to avoid double prosecution or execution of sentences for the same crime, thus guaranteeing principles of justice and proportionality. In short, if it is determined that Jenni Hermoso did not give her consent to the kiss and that it violated her sexual freedom, it could be argued that a crime of sexual assault has been committed according to article 178.1 of the Penal Code, the knowledge of which would be attributable to the Spanish criminal jurisdictions . Anyone who carries out acts that violate the sexual freedom of another person without their consent will be punished with a prison sentence, but in this situation this depends on Jenni herself and the Public Prosecutor's Office, to the extent that article 191 of the Penal Code establishes that in order to proceed with the crimes of sexual assault and sexual harassment, 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, adding below that in these crimes the forgiveness of the offended party or the legal representative does not extinguish the criminal action or the liability of that kind.