Ins Guardiola, The last lawyer that Dani Alves has trusted, has obtained for him the long-awaited provisional freedom, after the player was convicted to four and a half years in prison, in addition to another five years of supervised release, removal and incommunication with the victim for nine years and six months, and compensation of 150,000 and payment of the costs of the trial, for the crime of sexual assault that This was committed on the night of December 30, 2022 in the private bathroom of the Sutton nightclub in Barcelona.
In exchange of a bail of one million eurosappearing weekly before the court and handing over his two passports (the Brazilian and the Spanish), Alves leaves behind just over fourteen months of preventive detention in the Barcelona prison of Brians 2. He will also not be able to get closer than a thousand meters to the home. of the victim, their workplace and any other place they may frequent, as well as communicating with them by any means.
A freedom that has sparked an outcry both in his country of origin, Brazil, led by President Lula da Silva, and in a large part of civil society that understands with Ester García, the victim’s lawyer, that justice has been done for the rich.
Analysis of the sentence
The criminal lawyer Ramn Amoedo analyzes the judges’ decision for AS: The purpose of this ruling it is a very sensitive issue. Seeing what the proven facts are, I consider that the sentence imposes a very low penaltyespecially if we compare it with the sentences handed down in other cases in which the conduct or what surrounds the conduct of any attack is similar.
For this lawyer, All crimes of a sexual nature are execrable, but even more so are those in which force is used. or there is a violent attack on the victim. And based on the young woman’s account of the events, the penalty has been very low.
It is a type of super-condemnable crime, like crimes against minors, and very complicated, and now, with the reform and the equation between abuse and aggression, even more so. However, I think it is more execrable or condemnable if it is done using force than if it is not. But it is a crime with a very wide range of penalties. There is great discretion in the imposition of sentencesExplain.
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The footballer will be able to leave prison if he pays a bail of one million euros and surrenders his two passports. You may not approach the victim at a distance of less than 1,000 meters.
Likewise, for Amoedo, The court also did not act well with the possibility of considering the payment of 150,000 euros as mitigating compensation for the year.since few people will have the payment of highly qualified mitigating circumstances of this amount within their reach. Comparing especially with other cases, it causes a lot of unease due to the difference in treatment, he explains.
Short sentence to compensate for preventive detention
According to the lawyer’s opinion, In this case preventive detention has been essential: Not in all cases preventive detention is issued. Here yes, because of the risk of escape. It was evident that he had a clear risk of flight to avoid the action of justice by going to Brazil..
I understand that The time he has spent in provisional prison has been excessive or long compared to other cases. In this case there has been a greater sanction for the accused, because the prison was protected by the risk of escape. AND It seems that they now want to compensate in quotes with such a short sentence. And, of course, now an order for release on bail can be issued, with the necessary measures.
However, these measures do not convince Amoedo: To ensure that there is no escape, the appearance should be daily. Taking away someone’s passport is not effective. Anyone can leave Spain or Europe using artificial means..
Justice for the rich
In addition, Amoedo agrees with the victim’s lawyer that justice has been done for the rich. Yes, totally. This person was able to present 150,000 as civil liability at the time, a very qualified mitigating circumstance. Other people cannot give those amounts. What is common in these cases is that they range between 15,000 and 60,000 euros. A bail of one million euros is only available to the rich.
Bail bonds are quite discretionary. Here I understand that there will be accreditation of your assets. That is to say, they have imposed that amount on him because they know that he can pay it and because if he evades justice it will hurt him. If you want to escape, you might think about it for a million euros, he adds.
Once out of prison, Alves will be able to enjoy about two years of tranquilitywhat is what is estimated to take to have a final sentencesince these resources now go to the Superior Court of Justice of Catalonia and then the decision can still go to the Supreme Court.
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