On Friday night, lawyer Inés Guardiola presented the appeal against the sentence of the Barcelona Court that sentenced Dani Alves to four and a half years in prison for rape. A letter that was accompanied, as reported by El Nacional and confirmed by La Vanguardia, with a request to the court to hold a hearing to resolve the release of the convicted person, until the appeals are resolved.
As far as is known, the defense was the first of the appeals to be presented. The victim's lawyer, Ester García, and the prosecutor, Elisabet Jiménez, announced that they would also appeal the sentence. In the case of the prosecutor, the representative of the public ministry is contrary to the criterion used by the three members of the court of applying a mitigating circumstance to the sentence for reparation of damage after the Brazilian paid the amount of 150,000 before the start of the trial. euros. An amount that the sentence qualifies as higher than that established in these cases and that, in the opinion of the prosecution, is not applicable as a mitigating measure of reparation.
In the last session of the three that the trial lasted, the court already asked the defense lawyer if she was raising a request for freedom. Which Guardiola specifies now along with the appeal. These appeals can take between four or five months to be resolved, a time that the lawyer trusts that her client will be able to spend them in freedom taking into account that the sentence is less than five years in prison and therefore greatly reduces the risk of drain. And that she has already served 13 months of preventive detention, which allows her to be practically on the verge of having served a quarter of the sentence and beginning to request prison permits.
