Why is Daniel Alves free? See case answers – 04/15/2024 – Sport

Since Daniel Alves was placed on provisional release by the Barcelona Audience on March 25, social networks in Brazil have been flooded with comments and criticism, such as saying that a rape in Spain “costs” €1 million (R$5.4 million , value of the bail imposed on the former player) or that Justice only exists for poor people who cannot afford such a value.

President Lula (PT), for example, said: “We now know that Daniel Alves could be released if he pays something. I learned there in Pernambuco that people said: ‘Here in the Northeast, whoever has 20 contos de réis is not arrested.’ This maxim continues.”

The Minister of Women, Cida Gonçalves, stated that “R$5 million buys the freedom of a rapist who has already been tried and convicted of rape.”

A Sheet spoke with specialist Valentín Quiroga Martínez, partner and director of a law firm that operates in Madrid and Barcelona, ​​to understand the legal mechanisms of the former player’s case. Martínez has 20 years of experience in criminal law in Spain. Check out questions and answers about the case below.

Why did Daniel Alves get provisional release after being convicted?
There are two reasons. Firstly, the defense, the prosecution and the public prosecutor filed appeals questioning the sentence (the defense wants to reduce it; the others want to increase it). These resources created the need for judges to reevaluate the case and issue a final sentence, which has not yet been given. If no one had appealed, the four and a half year sentence would have been definitive and there would have been no room for provisional release.

Provisional freedom was granted only for the period between the initial and final sentence, which could last a few months. “There are also cases where defendants leave before the sentence is handed down. We have had cases where after the trial but before the sentence [duas ou três semanas depois]they released our client because the judge already knew that the sentence would not be very high”, recalls Quiroga.

And the second reason for his provisional freedom?
The risk of flight greatly decreased after the sentence. “Daniel Alves’ sentence, which could have been 10 years or 12 years, ended up being four and a half years. Considering that he has already spent almost a year and a half in prison and that it is possible, after that time, to have access to benefits penitentiaries, the risk of escape has greatly reduced”, says the lawyer. “In other words, if Dani Alves remains in prison for another six or seven months, it is possible that he will already be conditionally released.”

Does the Court consider that Daniel Alves’ risk of escape is over?
It decreased a lot. However, as there is always some risk, the court ordered measures to prevent an escape now. “For example, the €1 million bail is so that he doesn’t run away. Dani Alves might think that, if he runs away, he will lose €1 million. Running away so he doesn’t serve just six months doesn’t make sense,” explains Quiroga. The court also required him to appear once a week and ordered the surrender of his two passports. “We have bail, weekly presentation and withdrawal of passports that ensure or greatly reduce the risk of flight. So now he can leave.”

After the final sentence, Daniel Alves will return to prison?
Yes, unless the final sentence acquits you or reduces your sentence enough for immediate parole. The bond will also be returned to him.

Why did Daniel Alves spend 14 months in pre-trial detention before trial?
Because there was a high risk of escape, says Valentín Quiroga. The equation considered by the courts is: the higher the sentence, the greater the risk of escape. “When they detained Daniel Alves, at the beginning, the theoretical sentence could be 8 or 10 years, up to 12 years, that is, a very high sentence. And it is necessary to analyze the person. Daniel Alves, due to his economic circumstances, has a lot of ease of going anywhere in the world with your money.”

Can a defendant without so many financial resources be released before trial, instead of spending 14 months in prison awaiting sentencing, like Daniel Alves?
“Yes, this is very common,” says Quiroga. “A defendant who is with his family, working in the same city, living there his whole life, and doesn’t have many means to escape has a much lower risk of escape.” In Alves’ case, defense lawyers asked for his provisional release before trial five times, but were unable to obtain it. “Yes, of course, because the risk of escape is always individual,” says Quiroga.

For parole, must the defendant serve one-third of the sentence?
In this case, yes. “From one third onwards, it is possible to have access to prison benefits”, says the lawyer. His current sentence is 54 months, and he has already served 14. When he completes 18 months, he will be able to be released on parole, if he meets some requirements of the penitentiary system, such as good conduct and a fixed address, among others.

Is €1 million for a bail bond normal in Spain?
No. It was a high value, which was due to Alves’ economic possibilities. “Legally, there is no minimum amount. It always depends on each person. But, say, for defendants who have a common job, bail can be between €10,000 (R$54,000) and €50,000 (R$273 thousand)”, says Quiroga.