Former soccer player Dani Alves during a trial at the Barcelona Court, on February 5, 2024, in Barcelona, Catalonia (Spain). Europa Press Reports / Europa Press (FILE Photo) 02/05/2024
BARCELONA, March 20. The Barcelona Court has agreed to the provisional detention of footballer Dani Alves, which can be avoided by paying a bail of 1,000,000 euros and, if the payment is verified, agreeing to his provisional release with the withdrawal of both passports – Spanish and Brazilian. – until the final sentence.
In the order, consulted by Europa Press and which has the dissenting vote of one of the three judges against the release, it also prohibits the convicted person from leaving the national territory and forces him to appear before the Provincial Court weekly.
Likewise, they also prohibit him from communicating with and approaching the victim at a distance of less than 1,000 meters from his home; workplace or any other place you frequent.
The Barcelona Court sentenced him to four and a half years in prison for sexually assaulting a young woman in a bathroom at the Sutton nightclub on December 30, 2022, and on January 20, 2023, he entered prison.
COURT DECISION
The court, in the order, has argued that “it is worth remembering that the function of provisional detention cannot in any case be to advance the effects of a hypothetical sentence that could be imposed on the accused or to promote the investigation of the crime or obtain evidence or statements.
The court has assessed that the sentence imposed has been considerably reduced, since the Prosecutor’s Office requested 9 years and the private prosecution 12, and that it has already been preventive for 14 months, “and may be extended if the circumstances that motivated its issuance persist. up to half of the sentence imposed, a period in which it will be difficult for the sentence to become final.”
One of the three judges in the chamber has issued a dissenting vote in which he disagrees with the decision: “I believe that the provisional status of the accused should be extended with the maximum limit of half of the sentence imposed, that is, two years and three months in prison.
“The arguments that led to agreeing to provisional detention have not only been confirmed, but have been reinforced,” he added.
Furthermore, he has assured that, on up to three occasions, the Provincial Court has considered that there was a risk of flight.
HEARING REQUEST FOR FREEDOM
Section 21 of the Barcelona Court this Tuesday assessed the request from the footballer’s defense to release him with a hearing.
Alves told the judges that he would not escape if they released him pending the resolution of the appeals regarding the sentence that sentenced him to four and a half years in prison.
Furthermore, he told the court that he trusts in justice and assured that he will stay in Spain until the process is resolved, that his place of residence is in Barcelona.
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– 2024-04-22 19:30:47