New version of Daniel Alves could reduce sentence by half – 01/18/2024 – Sports

The conjunction of three articles of the Spanish Penal Code may explain why the player Daniel Alves —accused by a young woman of rape in a Barcelona nightclub, in December 2022— must change his version once again, this time testifying that he was under the influence of alcohol. The trial is scheduled for February 5 in Barcelona.

These are articles 20, 21 and 66, which establish mitigating factors that can reduce the convicted person’s sentence by half. In the case of Daniel Alves, the maximum sentence, requested by the prosecution lawyer, is 12 years. The prosecution, on the other hand, is asking for nine years.

The Brazilian’s new defense lawyer, Inés Guardiola, maintains the request for acquittal of the rape, but, alternatively, requests that, in the event of conviction, the mitigating circumstance that he was under the influence of alcohol be applied.

Article 20 of the Spanish Penal Code states that anyone who, at the time of committing the crime, is in a state of complete intoxication due to the consumption of alcoholic beverages, toxic drugs, narcotics, psychotropic substances or other substances may be exempt from criminal liability. that produce similar effects.”

The 21st says that it is a mitigating circumstance “for the culprit to act due to his serious dependence on the substances mentioned in the previous article”.

Finally, the 66th establishes that, “in the application of the penalty, in the case of intentional crimes [com intenção]judges or courts will observe, depending on whether or not mitigating or aggravating circumstances exist, the following rules: when there is only one mitigating circumstance, half the penalty provided for by law for the crime will be applied”.

Therefore, in this scenario, in case of conviction for 12 years, the sentence would automatically be reduced to six. Another attempt to lower the sentence is already underway. The defense deposited €150,000 (around R$800,000) in court as a form of “mitigating compensation for damage caused”, to be allocated to the victim in case of conviction. If there is an acquittal, the money will be returned to the player.

This mitigating factor would also give Alves the possibility of having his sentence reduced by half. For this payment, Daniel Alves had the help of Neymar and his family. The athlete has his assets blocked due to lawsuits in Brazil.

But that’s all a big if. If the judge accepts the request, if he considers drunkenness a mitigating factor, if he finds a defendant’s fifth version credible. And, finally, if Joana Sanz, Alves’ wife, declares in a statement that the player arrived at the couple’s house drunk that night. And be convincing.

According to lawyer César Lage, from the Spanish firm Valiñas & Lage, who is not involved in the process, “the fact that the person being investigated changes his testimony several times is harmful because it reduces his credibility, especially when the evidentiary procedures and activities (expert report, videos security cameras, DNA tests…) are corroborating the alleged victim’s version”. “Therefore, in all probability, the sentence will tend to be damning,” he told sports newspaper As.

Before saying that he was drunk, the Brazilian had already stated that he did not know the woman. Afterwards, he said he went into the bathroom with her, but nothing happened. He later told the court that there was only oral sex. Afterwards, he declared that there was penetration, but with consent.

Daniel Alves has been provisionally detained since January 20, 2023, in the Brians 2 penitentiary, on the outskirts of Barcelona. The player’s defense has already tried three different appeals for freedom before trial, but was unsuccessful in any of them.