The Prosecutor’s Office from Spain He asked to increase the footballer’s sentence to nine years in prison Dani Alves for raping a young woman, by refusing to receive mitigation for the 150,000 euros (more than $162,000) he paid to compensate the victim: “There was no real will to repair the harm caused.”
As reported by the Public Ministry in a statement, the appeal presented to the Superior Court of Justice of Catalonia (TSJC) focuses on the mitigating circumstance of reparation for the damage with which the Court reduced the footballer’s sentence to four and a half years in prison.
The resources of the private prosecution and the defense also revolve around that mitigating circumstance that the court noted: while the victim asks for it to be revoked, the defendant’s lawyer Alves requests that she be considered highly qualified, which would allow the sentence to be reduced to between two and four years in prison.
In its appeal, the Prosecutor’s Office argues that the 150,000 euros that Alves entered into the court’s account – after the investigating judge set that sum as bail – were to be delivered to the victim “without any type of condition and regardless of the final result of the procedure.”
An issue with which the defense disagrees, maintaining that the footballer asked the court on two occasions for the money to be delivered to the victim, before knowing the result of the trial, which the young woman rejected.
For the Prosecutor’s Office, Alves He deposited the money “at the request of the court, as bail”, but his own defense, in his alternative qualification in which he proposed a year in prison for the footballer – the result of applying three mitigating circumstances -, estimated it at 50,000 euros (more than 54 000 dollars) compensation for the victim.
Another of the arguments of the Public Ministry is that in crimes against sexual freedom “the damages suffered by the victim can never be fully compensated with money, but there must be a real will to repair the harm caused to the victim.” , which in his opinion has not happened in the case of Alves.
Precisely, the Prosecutor’s Office has opposed this Tuesday that the Barcelona hearing release provisionally Alves waiting for the sentence to be final, arguing that the high risk of flight persists, since he maintains an economic capacity that would allow him to flee and that he could not be extradited, in accordance with Brazilian legislation. EFE
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