Dani Alves will be able to get out of jail after spending 14 months behind bars once he pays the million euros bail imposed on him yesterday by the Barcelona Court. In a resolution notified yesterday, the same court that sentenced the footballer to a sentence of four and a half years in prison for rape, decided to release him until the sentence is final and all possibility of appealing is exhausted, a process that could take a long time. years.
The courts give priority to appeals in cases involving prisoners, but now with Alves free, the ruling on the allegations may be delayed. With his release, the case enters a new dimension at the expense of the resources modifying or maintaining the sentence. If ratified, the footballer would have to return to prison to serve the rest of the sentence.
The footballer’s lawyers and advisors worked quickly to raise the money and get him out of jail yesterday. They had to deposit it at the court before 2:30 p.m., but they did not arrive on time. So presumably, the footballer will leave the Brians 2 penitentiary center today and the court must summon him to personally notify him of the release decision, hand over the passports, inform him of the address where he is going to reside and indicate the court in who must appear every week to sign and certify that he has not absconded.
Alves’ advisors went to Neymar’s father again to get the funds to pay the bail, according to La Vanguardia yesterday. It is the same route that they already resorted to to pay the 150,000 euros that the investigating court required to compensate the victim of the rape and that served as a mitigating circumstance to reduce the sentence by considering that they had repaired the damage. Alves has all his assets seized by a judicial procedure opened with his ex-wife and mother of his children in Brazil that prevents him from being able to afford the payment, so Neymar’s father made himself available to help him defray the costs of the judicial procedure. while the assets were immobilized.
Another avenue that the footballer could have resorted to is the money that the Treasury must return to him after having won several proceedings in the National Court thanks to the appeals presented by his tax lawyer, Fernando Mota Bosch, from the BDO Abogados firm. According to sources close to the Tax Agency, yesterday the Treasury gave Alves’ representatives a certificate with the execution of two sentences and that the footballer could use as a guarantee of payment before the court to be released. The execution of these sentences amounts to 6.8 million euros.
At a legal level, the court’s decision was not unanimous and the three magistrates of the court agreed to the release of Alves, although one of them expressed dissent in a dissenting opinion on the existence of the risk of flight. The two magistrates consider that the probability of the footballer escaping justice “has been reduced” after the sentence they imposed on him was lower than what the accusations demanded for him. The Prosecutor’s Office asked him for 9 years and the victim’s lawyer, 12. And for this reason, they see it as sufficient to ensure his permanence in Spain by withdrawing his passport, forcing him to appear in court once a week and also imposing a prohibition on him from approaching the victim. less than a kilometer. The dissenting judge, Luís Belest, however, considers that the risk of escape has increased after having been convicted and due to the possibility that said sentence “may be increased” if the appeals presented by the Prosecutor’s Office and the private prosecution are accepted.
This magistrate was in favor of keeping Alves in preventive detention until half of the sentence, which is the maximum limit established by law. In this case it would be two years and three months, which would have left thirteen months to reach said term.
