03/20/2024 Act. at 12:00 CET
The Barcelona Court held this Tuesday, March 19 a hearing to decide if Dani Alves was released from prison or remained deprived of liberty. Your lawyer Inés Guardiolanot only requested the immediate release of Dani Alves, but argued that the payment of 150,000 euros in compensation should be very qualifying, so the sentence could be reduced.
Alves assured the Court that he would remain in Spain until the process was resolved, adding that his place of residence was in Barcelona. Besides, Alves’ defense also offered a new bail of 50,000 euros and daily court appearances.
The Prosecutor’s Office was opposed to the release of Dani Alves, since they understood that the risk of escape persisted given his high economic capacity and the high sentence imposed. Dani Alves, who appeared at the end of the hearing, said about his possible escape: “I trust in justice and I will always be at your disposal”.
Today we learned that If Dani Alves pays a bail of one million euros he can be free, according to El Periódico. Another condition for being free would be that he not leave Spain. If payment of the deposit is verified, the two passports will be withdrawnSpanish and Brazilian.
Furthermore, Alves will have to appear before the Provincial Court weekly, as well as how many times it is called by the Judicial Authority. Likewise, the athlete may not approach the person of the complainant at a distance of no less than 1,000 meters from their home, place of work or any other place frequented by them.
The arguments that the court has given is 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, since for such purposes The deprivation of liberty would exceed the constitutional limits recognized in article 17 of the Spanish Constitution, which recognizes the right of every person to liberty, so that No one may be deprived of it except in the established cases. in said precept and in the cases and forms provided for in the law”.
He also added that “the impact that provisional detention has on an asset of constitutional relevance as freedom requires, as provided in art. 502 of the LECrim, that the measure is objectively necessary, that there are no other less burdensome measures that can be adopted or, as established in art. 504 of the same legal text, which lasts the minimum time necessary to achieve any of the objectives to which it must respond.
For all this he considers that “each scenario requires its own assessment and also requires the verification of the maintenance or, on the contrary, the change in circumstances, when it comes to reviewing a previous situation.”
Regarding the risk of escape, he has specified that “as a precondition for provisional detention, Constitutional Court Judgment No. 47/2000 takes into account two factors: one, of an eminently objective nature, constituted by the seriousness of the crime charged and the consequent possible penalty, which justifies the initial adoption of the measure based on such data; and the second, subjective, which The passage of time must be taken into account as a mitigating factor for the previous criterion. and that requires, after a certain period of preventive detention, to take into account the personal circumstances of the accused to assess the need to maintain said measure.”
The court also considers that “The sentence finally imposed has been significantly reduced in relation to the lowest of those requested. (9 years by the Public Prosecutor’s Office and 12 by the private prosecution), it has also been serving 14 months on a preventive basis, with a start date of January 20, 2023, 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”.
2024-03-20 10:41:14
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