Dani Alves has declared before the judges that he will not escape if they leave him provisionally free. “I believe in justice. “I am not going to flee and I am going to be at the disposal of the court until the end,” he said, as explained by sources present at the hearing held this Tuesday. The former FC Barcelona footballer, sentenced to four and a half years in prison for raping a 23-year-old girl at the Sutton nightclub in Barcelona, has testified by videoconference before the Barcelona Court in a hearing to request his release pending the sentence is final. The defense, led by lawyer Inés Guardiola, has insisted that the player has roots in Barcelona.
In a hearing that lasted barely 40 minutes, the parties presented their reasons for the request by Alves' defense to release him. The Prosecutor's Office and the private prosecution have opposed the measure. From the Brians 2 prison, in Sant Esteve Sesrovires (Barcelona), the Brazilian footballer has used the last word to emphasize that, if he is free, he will remain in Spain until the matter is definitively resolved, and he has expressly cited who has a domicile in Barcelona.
In their sentence against Alves, handed down on February 22, the magistrates of Section 21 of the Barcelona Court ordered the player to be kept in provisional prison. They promised, however, to review his personal situation once the defense filed an appeal against the ruling, something that has already happened. In the next few hours or days, the judges will decide whether he will be released.
The law establishes that a preventive prisoner (like Alves) cannot remain in that situation for more than half the time of the sentence imposed in the first instance. As he was sentenced to four and a half years for sexual assault, the footballer could remain in custody for a total of 27 months. But he has now been in that situation for 14 months, since he testified before the investigating judge in January 2023. So, in the worst possible scenario for him, he will have to spend a maximum of another 13 months in preventive detention; After that time, and as long as he has not yet received a final sentence, the judges would be forced to release him.
The sentence against Alves has already been appealed before the Superior Court of Justice of Catalonia (TSCJ) and it is foreseeable that, whatever the outcome, the case will be raised by one party or another to the Supreme Court. The final ruling, therefore, could take time to arrive. Meanwhile, Alves cannot benefit from the rules that the prison regulations provide for prisoners who are serving a final sentence. One of these rules establishes that those who have served a quarter of their sentence can begin to enjoy (if they show good behavior and the technical reports are favorable) exit permits.
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