One million euros. That is the sum that Dani Alves has to deposit into a Spanish justice department account in order to leave the Brians 2 prison on bail after 427 days behind bars, which he is expected to do this Thursday morning. This follows the two-judges-to-one decision of the Barcelona Audience court this Wednesday, granting provisional release to Alves because the 4 years and 6 months prison sentence imposed on him for sexual assault is not final - appeals are pending - but it has already been in effect over the 14 months of his provisional prison. Thus the court imposed bail of one million euros on the Brazilian, as well as the withdrawal of his passports, a weekly appearance in court and a restraining order to avoid contact with the victim of the crime, committed in December 2022 at Barcelona's Sutton nightclub.
A divided court
The granting of bail did not have unanimity among the three judges of the Barcelona Audience, and one of them has announced a minority opinion in voting against provisional liberty for Alves, as reported by the press office of the Catalan High Court (TSJC). Specifically, judge Luis Belestá argues that Alves's provisional custody should have been extended until he had served half of the sentence, that is to say 2 years and 3 months, because, the judge maintains, the risk of flight by the wealthy ex-footballer remains real, given that he could be facing a higher sentence after appeal.
The reasoning of the other two judges of the court is that the sentence cannot be regarded as final before he has served half of the priosn time imposed on him. At the same time, the court majority admits that the TSJC could increase or decrease the duration of the Brazilian's sentence in the review it will have to carry out now in response to the appeals, but that there are security measures that can be adopted because, according to the two judges, provisional imprisonment is not early execution of the sentence. And for that reason, the court imposes exceptional measures on Alves in order to allow him, albeit provisionally, to walk out through the prison gates.
Security measures
Thus, the court has partially accepted the argument made by Inés Guardiola, defence lawyer of the ex-Barça player, who at Tuesday's hearing, explained that Alves has already spent 14 months in provisional prison and has served one-quarter of the sentence he has been given, a proportion that, were this sentence already final, would make it possible for him to enjoy prison leave.
In addition, Guardiola added that the sentence has been appealed to the TSJC by both defence and prosecutions and the higher court's response may take a few months, although a case involving an imprisoned defendant is prioritised. The lawyer suggested to the court that Alves should pay bail of 50,000 euros, in addition to the withdrawal of his two passports and appearances before the court.
Sentence not final
The prosecutor in the case, Elisabeth Jiménez, and the victim's lawyer, Ester García, demanded at Tuesday's hearing for the Brazilian to remain in provisional prison until the sentence is final because the risk of his flight continues. In the appeals made, the prosecutor maintains that Alves's prison sentence should be raised to 9 years for rape while the private prosecution asserts that a 12 year sentence would be just.