Dani Alves’ lawyer, Inés Guardiola, has announced at the exit of the Barcelona Court that they will file a resource against the sentence received by his client for sexually assaulting a young woman in a nightclub in Barcelona. The former Brazilian soccer player has been punished with four years and six months in prison, in addition to five years of supervised release once the prison sentence has ended, compensation of 150,000 euros to the victim, a restraining order for nine years and six months and payment of the costs of the trial.
The sole presentation of the appeal by the defense – or, failing that, by either of the two accusations in the case – would maintain Alves’ status as a provisional prisoner, since there would be no final sentence. This will prevent him from being able to enjoy, unlike if he were a convicted prisoner, the benefits established by the Article 154 of the Penitentiary Regulations, consisting of the option of enjoying permits after completing a quarter of the sentence or, once half of it has been reached, the achievement of the third degree.
Alves has been in provisional prison for fourteen months, a time that cannot be extended by more than thirteen more months. The reason is that this condition can only be extended for 50% of the proposed sentence, that is, two years and three months. In the hypothetical case of exceeding this time period, The court will have to release the Brazilian until there is a final sentence.. This would not be the case, obviously, if there was a definitive conviction and/or accepted by all parties.
For all this, and in view of the fact that the case could be extended even further once it leaves the Superior Court of Justice of Catalonia with the hypothetical presentation of an appeal for cassation before the Supreme Court, it will not be ruled out that the court rules on his provisional release sooner. It would happen if it were interpreted that the final verdict after all the appeals could be extended beyond those 13 months. That will be the next battle that looms in a case that, Despite the ruling of the Barcelona Court, it has only just begun.
