The Barcelona Prosecutor’s Office does not give the battle for loss and will appeal the sentence that from a crime of. Public Ministry sources have informed El País that the filing of a appeal is already being prepared before the Supreme Court to try to revoke the ruling. The Superior Court of Justice of Catalonia (TSJC) acquitted last week by considering that the main proof (the victim’s statement) is not reliable enough to support a conviction. The deadline to present resource expires next Monday.
The audience of Barcelona for the sexual assault to a 23 -year -old girl in the sinks of the Sutton disco, in Barcelona, occurred on December 31, 2022. The ruling was appealed by all parties: by the Prosecutor’s Office and the particular accusation, to achieve a more severe penalty; and for the defense of Alves, to claim his acquittal. He finally resolved the issue in favor of the Brazilian footballer, with the argument, among others, that there is a “lack of reliability in the testimony of the complainant” and that the rest of the indications are completely insufficient for a conviction, which always “demands a reinforced canon of motivation.”
Alves remained in provisional prison and was provisional in March 2024, after paying a bail of one million euros. The initial sentence considered proven that the player penetrated the girl without her consent and violence in the sink of one of the reserved of the Sutton Room. The court applied the attenuator to repair the damage (for having paid compensation to the victim) and imposed a penalty of four and a half years, much lower than those requested by the Prosecutor’s Office (nine) and the victim (12).
The TSJC Appeals Chamber, formed in this case by three women and one man, amends the flat to the court, which gave credibility to the young woman’s story about what happened inside the bathroom despite the fact that her narration of what happened before (which was recorded by the security cameras of the premises) did not correspond to reality. For the TSJC, that circumstance reduces the “reliability” of the victim’s testimony. “The divergence between what is reported by the complainant and what really happened seriously compromises the reliability of her story.”
