Barcelona Court denied again temporary release at the request of the former Barcelona and Pumas player, Dani Alves accused of sexual assault of a young woman in a nightclub last Decembersince the risk of escape remains, which is even increased due to the proximity of the court.
This Barcelona court rejects Brazilian player’s appeal for third time against the imprisonment order issued by the investigating judge, who sent him to prison, where He has been in custody since January 20 at the Bryans 2 penitentiary center.
In this latest order against which one can file Rappeal within three days, Article 21 of the Barcelona court rejects the request for release submitted by Alves on November 7. and holds the player in temporary jail, with notice and without bail.
The Barcelona Court asserts in this ruling, contrary to the criteria put forward by the Brazilian’s defense, that yes, there is still a risk of escapebecause the circumstances have not changed.
On the contrary, says the room, to the extent that Agreement reached to begin oral trial of Alvesthat the prosecutor’s office has already filed an indictment –in which he asks for 9 years in prison– and given the proximity of its celebration, this “This only increases the risk of escape.”
“None of the alternative measures” proposed by the player’s defense at the time.”may eliminate the risk of escape. Only preventive detention allows one to avoid this risk,” the order emphasizes.
Barcelona Court also rejects the alleged roots in Spain that the former Blaugrana player’s defense claimed after he settle your children in the village.
In this sense, the judgment recalls that the third section of the Barcelona Court, in a previous judgment, had already stated that The very fact of their children coming to Spain seemed to them a “situational” decision.
“It is not the competence of the House to re-examine the alleged circumstances of the origin of the roots if no change has occurred” and ““No other reason is suggested that would lead us to conclude that this embeddedness has increased.”supports the Court in this latest ruling.
Alves defense He also claimed that there was paid the amount of 150,000 euros in concept damage repair, Therefore, if he is convicted, the punishment maybe up to a year in prisonbelow the compliance limit.
However, the Court maintains that it is the sentencing authority that is responsible for “assess whether a mitigating factor applies to compensation for damagesif he payment of amounts complies with the requirement of the collateral, to simple delivery of sums of money or to real compensation for damage caused to the victim.”
The car also remembers that Supreme Court found that it is not necessary Full satisfaction of the declared amount presupposes the use of a mitigating factor in the form of compensation for damages. as highly qualified, and that this is a matter that must be assessed in the case by the prosecution.
Moreover, the machine says payment of financial compensation for sexual crimes”could have a different scope than compensation for crimes against property“, which cannot be established before the trial.
How is he Prosecutor’s office as a private prosecution the victim’s representation was again opposed the release of Alves da Silva.
(according to information from EFE)
Source: Aristegui Noticias
I’m George Gonzalez, a professional journalist and author at The Nation View. With more than 5 years of experience in the field, I specialize in covering sports news for various print media outlets. My passion for writing has enabled me to craft stories that capture the attention of readers all over the world.
