Catalonia's Prosecutor to Appeal Dani Alves Acquittal
The Superior Prosecutor of Catalonia intends to challenge the recent ruling by the TSJC that cleared Alves of sexual assault charges.
The Superior Prosecutor of Catalonia announced on Wednesday its intention to appeal the recent acquittal of Brazilian footballer Dani Alves by the High Court of Justice of Catalonia (TSJC).
This follows the TSJC's unanimous decision to overturn a previous four-and-a-half-year prison sentence handed down for the sexual assault of a 23-year-old woman in the bathrooms of the Sutton nightclub in Barcelona.
The TSJC's ruling stated that there was insufficient evidence to support the initial verdict and deemed the testimony of the complainant as 'unreliable.' The court criticized the original ruling by the Barcelona Court, noting it suffered from 'gaps, imprecisions, inconsistencies, and contradictions,' leading to what it termed 'valuation deficits' that prevented agreement with the findings and conclusions of the lower court.
In its previous 2024 ruling, the court had established that Alves had sexually penetrated the complainant without her consent and with violence.
The new TSJC ruling, however, modifies the account of events, asserting that Alves and the complainant engaged in consensual sexual relations in the nightclub’s private bathroom while identifying several 'contradictions' and 'imprecisions' in the previous 101-page ruling.
The Prosecutor's planned appeal is grounded in provisions outlined in Article 852 (violation of constitutional precepts) and Article 849.1 (violation of law) of the Criminal Procedure Act.
The latter specifies that an appeal is permissible 'when a substantive penal provision or another legal norm of the same character that must be observed in the application of criminal law has been infringed.'
The Prosecution aims to utilize its legal avenues which permit the appeal of the TSJC's findings based on violations of legal or constitutional precepts.
The Supreme Court cannot reassess the evidence of a criminal trial, including witness testimonies or documentation.
Once the Prosecutor formally submits the appeal, it will reveal specific requests regarding the next steps, whether seeking annulment of the TSJC's ruling and requesting reevaluation by a different panel of judges.
Importantly, the Supreme Court cannot impose a new sentence on Alves without a new trial and may only order a review of the verdict by different judges.
Following the acquittal, the complainant's next actions remain uncertain; her attorney, Ester García, indicated last week that they would assess her 'emotional state' before making further decisions.
Alves has maintained that the sexual encounter was consensual, despite having altered his statements on multiple occasions during earlier testimonies.
The oral hearing took place from February 5 to 7, 2024, and the subsequent sentencing was announced shortly thereafter.
In March of the previous year, the court had granted Alves provisional release pending further legal proceedings.
This follows the TSJC's unanimous decision to overturn a previous four-and-a-half-year prison sentence handed down for the sexual assault of a 23-year-old woman in the bathrooms of the Sutton nightclub in Barcelona.
The TSJC's ruling stated that there was insufficient evidence to support the initial verdict and deemed the testimony of the complainant as 'unreliable.' The court criticized the original ruling by the Barcelona Court, noting it suffered from 'gaps, imprecisions, inconsistencies, and contradictions,' leading to what it termed 'valuation deficits' that prevented agreement with the findings and conclusions of the lower court.
In its previous 2024 ruling, the court had established that Alves had sexually penetrated the complainant without her consent and with violence.
The new TSJC ruling, however, modifies the account of events, asserting that Alves and the complainant engaged in consensual sexual relations in the nightclub’s private bathroom while identifying several 'contradictions' and 'imprecisions' in the previous 101-page ruling.
The Prosecutor's planned appeal is grounded in provisions outlined in Article 852 (violation of constitutional precepts) and Article 849.1 (violation of law) of the Criminal Procedure Act.
The latter specifies that an appeal is permissible 'when a substantive penal provision or another legal norm of the same character that must be observed in the application of criminal law has been infringed.'
The Prosecution aims to utilize its legal avenues which permit the appeal of the TSJC's findings based on violations of legal or constitutional precepts.
The Supreme Court cannot reassess the evidence of a criminal trial, including witness testimonies or documentation.
Once the Prosecutor formally submits the appeal, it will reveal specific requests regarding the next steps, whether seeking annulment of the TSJC's ruling and requesting reevaluation by a different panel of judges.
Importantly, the Supreme Court cannot impose a new sentence on Alves without a new trial and may only order a review of the verdict by different judges.
Following the acquittal, the complainant's next actions remain uncertain; her attorney, Ester García, indicated last week that they would assess her 'emotional state' before making further decisions.
Alves has maintained that the sexual encounter was consensual, despite having altered his statements on multiple occasions during earlier testimonies.
The oral hearing took place from February 5 to 7, 2024, and the subsequent sentencing was announced shortly thereafter.
In March of the previous year, the court had granted Alves provisional release pending further legal proceedings.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
