Algunos problemas concursales en los delitos de agresión sexual tras la LO 10/2022 y la LO 4/2023 con especial referencia a la cláusula concursal de compatibilidad del artículo 194 Bis CP.

Abstract

The reform by Organic Law 10/2022 introduced the article 194 bis PC which regulates an old problem: the punishment, together with the offences of Title VIII PC, of offences for acts of physical and psychological violence committed. In this paper I will only deal with the effects produced by article 194 bis PC on offences of sexual aggression and their joint punishment with offences against life and physical and psychological integrity. To do so, I will review, firstly, how the courts have been resolving such issues. Secondly, I will look at the consideration of article 194 bis, adding the interpretation that the courts have been giving to it. Finally, I will analyse how article 194 bis PC fits in with the rest of the articles, which after Organic Law 4/2023 become particularly problematic with regard to the aggravating circumstance of extremely serious violence (article 180.1.2 PC) and the aggravating circumstance of use of weapons and other dangerous instruments (article 180.1.6 PC), both interpreted together with the article 180.1 PC.