The Brazilian will be able to leave prison once he has paid the money and returned his two passports in order to reduce the risk of escape while awaiting his final sentence.
This Wednesday The Barcelona court decided to release Dani Alves on bail of one million euros while waiting for the final sentence that will be applied to the Brazilian to be known due to the appeals that were presented after his conviction to four and a half years in prison for raping a woman.
Furthermore, You must surrender your Brazilian and Spanish passports to reduce the risk of absconding . The former Barcelona footballer has also been banned from leaving the country and must report to the Barcelona Provisional Court once a week.
However, it is prohibited to approach within one kilometer of the victim of sexual assault, her place of work or places frequented by the young woman. . Likewise, you will not be able to communicate with her in any way until a final decision is made.
The arguments put forward by the court explain that “It should be remembered that the function of pre-trial detention can in no 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 to obtain evidence or statements, because for these purposes, the deprivation of liberty would exceed the constitutional limits recognized in art. 17 of the Spanish Constitution, which recognizes the right of every person to freedom, so that No one can be deprived of it except in the cases provided for. in the said precept and in the cases and forms provided for by law.
They add that “the impact of pretrial detention on a good of constitutional relevance as required by liberty, as provided for in art. 502 of the LECrim, that the measure is objectively necessary, that there are no other less onerous measures that can be adopted or, as established by art. 504 of the same legal text, which lasts the minimum time necessary to achieve one of the objectives it must meet.
They also consider that “Each scenario requires its own evaluation and also requires verifying the maintenance or on the contrary the change of circumstances, when it comes to reviewing a previous situation. “.
Concerning the risk of escape, they consider that “as a precondition for pre-trial detention, judgment no. 47/2000 takes into account two factors: one, of an eminently objective nature, constituted by the seriousness of the alleged offense and the possible sanction resulting from it, which justifies the initial adoption of the measure based on these data; and the second, subjective, which must take into account the passage of time as a mitigating circumstance for the previous criterion and which requires, after a certain period of preventive detention, to take into account the personal situation of the accused to assess the need to maintain said measure. “.
Finally, they consider that “The sentence ultimately imposed was significantly reduced compared to the lowest of those requested. (9 years by the public prosecutor’s office and 12 by the private prosecutor’s office), it is also served for 14 months as a preventive measure, with a start date of January 20, 2023, and may be extended if the circumstances which motivated its issuance persist, up to half of the sentence handed down, during which time it will be difficult for the sentence to become final.”
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Source: Latercera
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