The analysis of Dani Alves’ judgment: because the precedent in which he was sentenced no longer is worth
Once again, we receive through the media another shocking news regarding the criminal process followed in Spain against the player Dani Alves. On this occasion The judgment of the judgment was published Issued by the Chamber of the Superior Court of Justice of Catalonia (TSJC), through which the appeal formulated by the whole person resolved personally. That is, the tax ministry, the accusation and the defense.
In said resolution The previous sentence is revoked in which he had been sentenced to a sentence of four years and six months in prison for a crime of sexual aggression and declares the absolution of the athlete.
Firstly, we wonder what reasons have led to such a substantial change in the TSJC to modify the criteria maintained by the Provincial Court (AP) by issuing a sentence in that first application and now considers the TSJC that must be declared acquitted.
In this sense, it is important to indicate that the Law on the criminal procedureRegulations of the criminal trial, it contemplates it that appealed to the phrases issued by the provincial court, supporting for this reason the breakdown of the rules and procedural guarantees, the error in the appreciation of the evidence or the violation of the rules of the legal system that justify the disagreement with the resolution.
When an error occurs in the test evaluation
In the same way, it is determined in that law that when the accusation supports the error in the evaluation of the tests to request the cancellation of the acquittal or the aggravation of the sentence, it will be necessary that the insufficiency or lack of rationality are justified in the motivation of the facts of maximum events. practiced that it could have relevance.
Therefore, it is adequate to the law that the Court of second instance changes the disputed resolution if it considers that it suffers from any procedural error, manifest infringement of the maximums and applicable principles or errors in the evaluation of the tests, based on the reason on which it is based on it.
In this case, the TSJC understood that its failure should vary by appreciating that the Resolution issued by the Provincial Court It includes contradictions and presents voids, inaccuracies and inconsistencies on the facts. Furthermore, he does not share his assessments of the tests and the declared legal consequences.
For this reason, it is based on the criterion of the loss of credibility of the testimony of women, considering that it is not reliable since it is in contrast with the rest of the objective tests in the process and, therefore, its history presents cracks and contradictions.
The Chamber now argues that the objective evidence confirms what the defendant has said and subtracts the likelyness from the version provided by the victim. In particular, they refer to the images of the cameras – in which the refusal among both before access to the bathroom is not appreciated – and DNA tests – with the rest of Dani Alves’s seed in the victim’s mouth.
He claims that both have become free and consequently for the bathroom without observing any obstructive behavior from anyone. It also underlines that the fingerprints found in the bathroom show that the facts have not occurred while the victim describes them.
Presumption of innocence of the accused
Therefore, in the absence of decisive evidence and accuracy and the insufficient coherence of the women’s declaration – on which the evidentiary burden of the illegal prosecutor of accusation falls -, the principle of presumption of innocence, applicable to the athlete and established in the Spanish Constitution in the Spanish Constitution Article 24.2.
On the other hand, given the great differences between the legal considerations established in the two resolutions, it is very likely that the parties do not show their compliance with the sentence issued and propose against it the corresponding appeal before the Supreme Court, according to what is established in the provisions of the provisions Article 792.4 of the Law on the Criminal Procedure.
Once the appeal is resolved before the Supreme Court and once the sentence is firm and definitive – it will be well done by the victim – the decision of the same can be performed in its rigorous terms.
In the event of obtaining an absolute resolution again for the footballer, he may request the corresponding compensation for the damages suffered, between them and mainly, following his 430 days in prison.
María Dolores López FaradosProfessor Faculty of Law and International Relations, University of Nebrija
This entry was originally published in The conversation. Read the original.
