Soccer

Robinho will not be extradited but could serve a sentence in Brazil

Although a Brazilian nationwide can not be extradited, there are options for ex-footballer Robinho to serve out the sentence he was sentenced to in Italy for gang sexual assault. This is what Vladimir Aras, former secretary for worldwide authorized cooperation on the General Prosecutor’s Office, says.

Robinho was sentenced in Italy on
9 years in jail for rapeDisclosure

The former athlete was sentenced to 9 years in jail – and the sentence has already come into impact. According to investigations, Robinho made a 23-year-old girl drink till she handed out. So he and mates raped her in a nightclub in Milan, the place the younger Albanian woman had gone to have a good time her birthday. Robinho has all the time maintained his innocence. Four different males, all Brazilians, had been accused of involvement in the crime, but they left Italy throughout the investigations and face a separate trial that’s at present suspended.

The Italian Ministry of Justice requested the previous participant’s extradition on Tuesday (4/10). However, Article 5, LI of the Federal Constitution prohibits the extradition of a native Brazilian. Only naturalized Brazilians can be extradited in case of a normal crime dedicated earlier than naturalization or confirmed involvement in drug trafficking.

In a collection of posts on Twitter, Vladimir Aras, who’s the regional prosecutor of the Republic, mentioned that the Italian authorities is aware of that the request to extradite Robinho will be rejected – by the Ministry of Justice or, if the physique accepts it, by the Federal Supreme Court. However, the refusal of the Brazilian Ministry of Justice will open one other means for a related portfolio in Italy, in keeping with Aras, who’s a professor of felony process on the Federal University of Bahia.

According to him, Italy can select between three choices to attempt to take Robinho’s penalty. The first is to ask Brazil to simply accept the switch of the felony execution in order that it may well start instantly in the nation – from the Federal Court in São Paulo – which may occur after the ratification of the sentence by the Supreme Court.

The second choice is to request the switch of the felony proceedings to Brazil. However, in keeping with Aras, this could imply ignoring Italian res judicata and ranging from scratch the prosecution right here, with a grievance from the Federal Public Ministry in Sao Paulo towards the previous participant and the applying of the extraterritoriality of felony regulation. Article 7 of the Penal Code establishes that crimes dedicated by Brazilians in overseas territory are topic to nationwide regulation, offered that the perpetrator is in Brazil and the conduct additionally constitutes a crime right here, in addition to crimes for which the extradition of a nationwide of one other nation .

The third means is to simply accept the Brazilian refusal and make no different requests. In this case, Italy would merely await the attainable execution of an arrest warrant issued towards Robinho in a nation aside from Brazil by making use of a pink gentle (pink discover) by Interpol.

Vladimir Aras is betting that Italy will select the primary different, because the rape conviction has already entered into pressure and there’s no going again in the method. According to the lawyer, the most effective resolution is to mix such a path with the third one. That is, to request the execution of the sentence in Brazil and on the identical time hold the pink transmission energetic.

“The basic query to permit an exit (felony execution) is whether or not Italy can promise reciprocity to Brazil in a related case, in the other means. Find out: If Brazil in the longer term asks Rome to adjust to a Brazilian verdict, could Italy Agree? After overcoming any hurdle beneath Italian regulation, the request to implement the sentence in Brazil can be accredited and allowed right here, as has already occurred with sentences handed down by Portuguese justice towards native Brazilians, after 2017.”

“The establishment of the switch of the execution of the sentence serves exactly the speculation of Brazilians who can not be extradited. For foreigners and naturalized (extraditable) Brazilians, the apparent and regular means out is to grant extradition, with a view to serving the sentence in the nation of the crime,” assesses Aras.

According to him, different two – restarting the method from scratch in Brazil – does not make sense. Still, “the procedural march is on.” And the precept of mutual recognition, “very robust” in Europe after the dialogue of the Tampere Council in 1999, recommends the affirmation and continuity of procedural acts.

In addition, restarting the trial from scratch, in keeping with the prosecutor, would imply revictimizing the rape sufferer with an pointless repetition of the whole instruction. In addition, there would be a threat of statute of limitations on the finish of the felony case. “This is not a resolution able to guaranteeing the best effectiveness of the safety of human rights.

“Finally, on condition that Robinho’s conviction for rape was handed down by the justice of a democratic rule of regulation, it may well be acknowledged by Brazil, based mostly on Law 13.445/2017; in the apply of the STJ on this matter because the entry into pressure of this regulation; and on the precept of mutual recognition,” says Aras.

Sérgio Rodas is a correspondent for the journal Legal adviser in Rio de Janeiro.

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