The legal angles Dani Alves explored to gain his freedom

Discover the details including the specific conditions set for his freedom, and the legal rationale.
by
Desmond Efe-Khaese
2024-03-21 11:31:27

The Spanish court approved Dani Alves’ provisional release from his four-and-a-half-year sentence for sexual assault. This decision hinges on the condition that Alves posts a 1 million euro bond.

As the legal process unfolds, this development marks a critical juncture in the case, raising questions on the complex nature of legal proceedings in high-profile cases. In this piece, you will find some of the answers.

READ MORE

++ The Spanish justice system agrees to the provisional release on bail of Dani Alves

+ + Brazil’s President Lula speaks out on Daniel Alves’ case

+ + Zooming in on Dani Alves’ journey, from peaks to prison

Why did the court release Dani Alves?

In Spain, the law says you can’t keep someone in jail for more than two years without a final decision on their case. Since Alves’ appeal process could take a long time, possibly longer than these two years, the court thought it wouldn’t be right to keep him detained that whole time.

Alves had already been in jail for 14 months (1 year, 2 months). The court took this time into account and figured that if they kept him in jail during the appeal, he might end up being detained longer than the law allows without being finally convicted of a crime. So, they let him out on provisional release, meaning he could leave jail but under certain conditions, like not leaving the country and checking in with the court regularly, until his appeal is decided.

What measures are in place to prevent Dani Alves from fleeing?

To reduce the risk of flight, the court has ordered Alves to surrender his Brazilian and Spanish passports and barred him from leaving Spain. These measures reflect the court’s careful consideration of Alves’ personal circumstances and the broader legal and social implications of his provisional release.

Despite one magistrate’s dissent over concerns of increased flight risk, the decision signifies the court’s attempt to navigate the delicate balance between ensuring justice and upholding individual rights.

How will Dani Alves pay his bail?

Speculation is rife about the source of Alves’ bond payment, especially after the deadline passed without payment being made. Potential sources include financial assistance from Neymar’s father or compensation from the Spanish Tax Authorities.

Will there be an appeal against Dani Alves’ release?

The decision to grant Alves provisional release has not gone unchallenged, with the prosecution and the victim’s lawyer given a three-day window to appeal.

What are the conditions of Dani Alves’ provisional freedom?

After posting bail, Dani Alves’ provisional freedom conditions include staying in Spain, making weekly court appearances, maintaining at least 1 kilometer distance from the victim, and not communicating with the victim in any way.

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