The Prosecutor's Office will appeal the sentence that sentenced former Barça player Dani Alves to four and a half years in prison for sexually assaulting a young woman in a bathroom in a private room at the Sutton nightclub in Barcelona so that the mitigating circumstance is revoked and the sentence is increased. imprisonment. With the announcement of the public ministry, all parties will file an appeal against a ruling that was announced last week.
The prosecutor Elisabet Jiménez is already preparing the appeal against the sentence of the Court of Barcelona, which imposed a sentence of four and a half years in prison on the footballer by applying the mitigating circumstance of repairing the damage for the 150,000 euros that the player deposited before the start of the trial, with the desire to repair the damage to the victim, in case of conviction.
The prosecution will focus on appealing the assessment made by the court of section 21 of the Barcelona Court of this mitigating factor for repairing the damage. A mitigating circumstance that allowed the court to reduce the footballer's sentence to four and a half years in prison, the minimum for sexual assault when the events occurred was four.
During the trial, both the Prosecutor's Office and the private prosecution opposed the application of this mitigating measure of reparation, concluding that it was an amount that the investigating judge set as bail for Alves when she prosecuted him, under the warning of embargo. Subsequently, Alves' defense has requested that this money be given to the victim, who has not accepted it.
Another of the arguments of the accusations is that applying a mitigating circumstance to the footballer for having paid the 150,000 euros bail may be discriminatory, since it represents an advantage for the defendant due to his comfortable economic capacity. Although that money was deposited at the time by the father of also footballer Neymar, since Alves had the funds blocked by a judicial process that he has open with his ex-wife and mother of his two children. The day the sentence was announced, the victim's lawyer Ester García already warned of the discrimination that this mitigating circumstance entailed.
The defense, represented by lawyer Inés Guardiola, is also preparing its appeal in which it will once again insist on requesting the footballer's acquittal because it maintains that the sexual relations in the bathroom were with the consent of the young woman.
