The former Santos and Brazilian team player was arrested for rape committed in Italy; he declares himself innocent
Robinho had the jail ordered after The Superior Court of Justice (STJ) approves the player’s sentence for having raped an Albanian woman in Milan, in 2013. The former Santos was taken to the Santos Federal Police headquarters on the night of Thursday 21st, and then to the Tremembé penitentiary. Although he was convicted of a sexual crime, the case is different from that of the former player Daniele Alveswith conviction in the first instance AND with The provisional release was decreed this week, when you make the payment of 1 million euros (R$5.4 million) and hand over your passports to the Court. Both declare themselves innocent.
The main difference is that Robinho has already been convicted at all levels of Italian justice.. Therefore, there is no possibility of appealing against the decision finding him guilty of the crime. Daniel Alves is still trying to appeal, at the Superior Court of Justice of Catalonia, against the sentence issued by the Court of Barcelona. If the body does not accept the appeal, the former full-back will still be able to try to go to the Supreme Court of Madrid, the highest body of Spanish justice.
“Until the final sentence, Daniel Alves is not formally considered guilty. Bail is a benefit reserved only during the trial. In no case will this be the case for Robinho, because for him the trial has already ended in Italy. He is already considered guilty, in fact Robinho won’t even have the right to leave for now, given that his initial sentence is closed”, explains criminal lawyer Rafael Paiva.
Robinho’s first degree conviction dates back to 2017, in Italy. He appealed, but in 2020 the Milan Court of Appeal rejected the request. In yet another appeal, the highest authority of the Italian judiciary, the Court of Cassation of Rome, confirmed the decision of the other instances. Robinho was not in prison because the STJ had to decide whether he could serve his sentence in Brazil. Even if the trial had not concluded, he would not have been able to resort to paying bail in the country, as the crime of rape was considered heinous and not punishable by bail.
However, the president of the Escola Superior da Advocacia do Mato Grosso (ESA-MT), Giovane Santin, believes the possibility of serving the sentence is more flexible. “It is necessary to verify what the conditions are for the execution of the sentence according to Brazilian legislation, unless in Italy the legislation for the execution of the prison sentence is no longer advantageous, because then the possibility of discussing the execution of the sentence opens up in Brazil, according to Italian legislation. Otherwise he will serve, according to Brazilian legislation, the sentence for the crime of rape committed in Italy”, he explains.
How can Robinho’s freedom be guaranteed?
The former Santos player’s sentence was approved by the STJ. The request of habeas corpus at the Federal Supreme Court (STF) it was an attempt to get Robinho out of prison, but minister Luiz Fux denied it. The former player can appeal the approval to the STJ himself. If the appeal is not accepted, the defense can still attempt to turn to the STF. Acceptance of the appeal it would not mean Robinho’s acquittal, but only that he will not be able to serve his sentence in Brazil due to some procedural error.
Criminal lawyer Bethânia Santana points out another way to seek freedom. “As regards the issue of appeals, whenever we talk about decisions involving deprivation of liberty, habeas corpus is always a tool widely used by lawyers, but we still have the possibility of an extraordinary appeal to the Federal Supreme Court. In Robinho’s case, this (appealing the sentence) would not be possible in any way as the decision that convicted him in Italy has already become final,” he says.
Preventive detention, as Daniel Alves served even before being convicted, is not seen as a punishment. This is what criminal lawyer Guilherme Araújo says: “It is a precautionary tool that, both in Spain and Brazil, is applied during investigations or trials to avoid the repetition of the crime, the coercion of witnesses, the destruction of evidence or escape.”
The Italian Ministry of Justice requested Robinho’s extradition at the end of 2022 to a permanent prison in Italy, but the request was rejected because Brazil does not extradite Brazilian citizens. Consequently, the Italian Court requested approval of the sentence, i.e. it requested that the decision taken in Italy could have effects in Brazil. The STJ did not hold a retrial on the 2013 case or discuss the decision made by the Italians, but approved the sentence to be served on Brazilian soil. If Robinho returned to Italy, he would be arrested in the European country.
Robinho was sentenced to nine years in prison for the crime of rape. Daniel Alves was sentenced to four and a half years in prison, for what Spain calls a “crime of sexual violence”. The former lateral’s case also includes five years of limited freedom and ten years without being able to approach the victim.
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
