Daniel Alves received the benefit of provisional release on Monday, the 25th, after paying bail of 1 million euros (around R$5.3 million). The Brazilian, convicted of rape in Spain, will await the trial in the second instance in freedom and may receive the entire amount paid on bail back, depending on the second trial, as explained by the professor at the Pontifical Catholic University of Rio Grande do Sul (PUC-RS), Aury Lopes Jr., who is also a criminalist and holds a doctorate from Complutense University of Madrid.
Bail is a type of “guarantee” that the athlete will comply with the rules established by the Court. “This bail serves to bind him to the process, to replace the precautionary detention to which he was subject through restrictions, such as a ban on leaving the country and having contact with the victim. The payment of the amount is fixed considering the seriousness of the crime and its economic conditions”, said Lopes Jr.
With this, the professor emphasizes, Daniel Alves will be able to receive back the total or partial amount paid on bail. The amount refunded depends on the sentence given on appeal. If you are convicted and appear to serve your sentence, the amount may be returned, with the deduction of procedural expenses and any compensation that has been established by the court.
“The rest are returned, even if convicted, because the bail is so they don’t escape. If he did not flee, the amount will be returned after these deductions”, states the criminalist. “If he is convicted and is not found, does not present himself or is considered a fugitive, this amount will be lost. He gave him bail to make sure he wouldn’t run away,” Lopes said.
Although you can receive the amount back, the process is not that simple. According to delegate Raquel Gallinati, director of the Association of Police Delegates of Brazil, it is necessary to go through steps such as analyzing the appeals presented and all documentation of the final sentence, so that the amount can then be refunded. “In addition to preventing escape, bail also serves as a guarantee that the player complies with the restrictive measures established by Spanish justice”, says Raquel.
Raquel Gallinati also highlights that the bail amount can also be used as a way to compensate the victim again, including in the case of conviction in the second instance. “If the court determines that Daniel Alves must pay new amounts of compensation to the victim, this amount may be deducted from the bail amount,” she stated.
The delegate also explains that the rule for returning the amount paid on bail occurs in both Brazil and Spain. “The rule aims to ensure that bail serves only as a guarantee of the accused’s appearance in the process, without implying permanent confiscation of their financial resources”, said Raquel.
Daniel Alves was arrested on January 20, 2023 and sentenced to four years and six months in prison for raping a woman in a nightclub in Barcelona, Spain. The player’s defense appealed the sentence and, after paying bail, was granted provisional release until all appeals were analyzed and there was a new sentence, which has no date yet.
