Alves appeals conviction; questions of permissions and behavior in prison arise

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Sustainedly, counsel for the footballer Dani Alves declared continued belief in his client’s innocence. Inés Guardiola, the attorney, announced an appeal against the Barcelona Audiencia’s verdict that imposes a four-and-a-half-year prison term for sexual aggression tied to an incident at Sutton nightclub in Barcelona during the early hours of December 30 into 31, 2022.

Pleased with the ruling, Guardiola stated she would defend Alves’ innocence to the end and file the appeal with the Court of Appeals of Catalonia within the next ten days. The legal strategy is expected to include a request for provisional freedom for Alves while the appeal is processed, a process that may take several months to resolve.

Permissions and a firm sentence

The court is likely to weigh that Alves has already served more than a quarter of the imposed sentence while in custody, a factor that can influence his custodial status. Current regulations indicate that inmates with finalized convictions may begin to request exit permissions after completing one quarter of their term.

Thus, if Alves were not under preventive detention and the conviction were not yet final, he could seek such permissions. He might also apply for a third-degree regime allowing him to sleep outside the prison while continuing some activities inside. Nonetheless, his case will be reviewed by the center’s treatment panel, which tracks the inmate’s progress under the supervision of the penitentiary judge.

At present, Alves can only leave the facility accompanied and with restraints for significant events such as funerals or court requests. He continues working within the prison, performing tasks like cleaning the module, while serving his sentence.

“He is whole”

The sentence was communicated to Alves in the Barcelona Audiencia’s cells, and he appeared to be in a stable state when learning that he would return to prison for the sexual assault conviction. Guardiola asserted she remains confident in Alves’ innocence and plans to visit him that afternoon to discuss the ruling. She emphasized that she had not yet had the opportunity to fully study the text but disclosed plans to file an appeal.

The Barcelona Audiencia’s Section 21 convicted Alves of sexual assault and, having already spent roughly a year in pretrial detention, sentenced him to four years and six months of prison, five years of supervised release, and a nine-year ban from the victim. Alves was also ordered to compensate the victim with 150,000 euros.

The defense team for the victim, led by attorney David Sáez, indicated they are assessing whether the punishment aligns with the gravity of the events. They indicated a possible appeal would be considered after reviewing the full judgment. Sáez asserted relief in the outcome, expressing satisfaction that the verdict acknowledges the victim’s truth and the suffering endured, which underpins their legal position and public messaging.

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