Dani Alves: defense appeals to reduce sentence of four and a half years for sexual abuse

The Prosecutor's Office and the defense of Daniel Alves have presented their appeals against the sentence that sentences the Brazilian soccer player to four and a half years in prison for a crime of sexual assault. In both cases they question the mitigating circumstance of repairing the damage.

The public ministry asks to eliminate it, while the lawyer of Alves believes that she should be considered highly qualified to further reduce the sentence.

As reported to EFE legal sources, both the public ministry and the defense filed their appeals with the Superior Court of Justice of Catalonia (TSJC) against the sentence that sentences Alves to four and a half years in prison, with the mitigating circumstance of repairing the damage for the 150,000 that he paid to cover eventual compensation to the victim.

The defense, which requests in its brief that the TSJC call the parties to a hearing to present the arguments of their appeals, has in parallel requested that the Barcelona hearing that leaves the athlete provisionally released pending the final sentence. To resolve that issue, Ines Guardiola, Alves' lawyer, also states that section 21 of the Barcelona hearing -the one that tried the footballer and must now decide on his personal situation- summon the parties to a hearing.

For its part, the private accusation filed by the victim – through the lawyer Ester Garcia– has not yet formalized the appeal, waiting to do so in the coming days, according to legal sources.

The resources of the prosecution and the defense place at the center of the debate the application of the mitigating mitigation of reparation for damage, which allowed the Barcelona hearing reduce the prison sentence Alves to the minimum range of the crime of sexual assault, in accordance with the initial wording of the “yes means yes law”, in force when the events occurred.

The Prosecutor's Office requests that the sentence be increased to Alvesunderstanding that in his case the extenuating circumstance appreciated by the Barcelona Court, since there has not been enough remedial effort on his part, since the 150,000 is a sum in line with the economic capacity of the footballer, who paid that amount when the investigating judge set it as bail when prosecuting him, without at any time assuming the facts or apologize.

The defense recalls that, on two occasions since he was prosecuted for sexual assault of a woman in a nightclub in Barcelona, The Brazilian international requested that the 150,000 euros set as bail be delivered to the victim – who rejected the compensation -, so the mitigating circumstance of repairing the damage must be considered highly qualified, not just simple, as the court estimates. Audience.

In the event that the TSJC agrees to consider the mitigating circumstance as highly qualified, Alves' sentence could be reduced to two years in prison.

The defense, which continues to appeal to the TSJC to acquit Alves By denying the rape, he put on the table in the trial an alternative sentence of one year in prison for the footballer for a crime of sexual assault, the result of also applying two other mitigating circumstances: drunkenness and violation of rights.

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With information from EFE.

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