The Office of the National High Court will not appeal to the Supreme Court the ruling of the National Court that confirmed the acquittal of the ex-president of Futbol Club Barcelona Sandro Rosell, his partner Joan Besolí, his wife, Marta Pineda, and three others accused of money laundering and criminal organization, according to legal sources.
This Friday was the deadline for the Office of the Prosecutor to appeal to the Supreme Court the First Section of the Criminal Division of the National Court that on 3 July confirmed the Appeals Chamber, a ruling ordering the acquittal of the six defendants in the event of reasonable doubt that the economic operations that were the subject of the complaint were in fact licit transactions.
The Court had confirmed the acquittal of the six defendants on July 3
The Office of the Prosecutor had appealed that first ruling on the grounds that the evidence had not been properly assessed and that the court had motivated its decision in an "insufficient and irrational" manner, since instead of acquitting an interpretation of the law favorable to the accused, I was doing it because of a doubt whose origin did not justify it.
However, the Appeals Chamber ruled the first court against the position of the Public Prosecutor and argued that the acquittal was based on "coherent reasoning, integrating all available evidence" and constructing an account of the facts "In that it grants greater credibility to certain tests and indications that incline him for the exculpatory version".
In this case, the only accusation was that of the Public Prosecutor's Office, which requested six years in prison for Rosell and Besolí as well as fines of millions. By not appealing, and in anticipation that the defenses will not be interested in reviewing the judgment on cassation, the acquittal of the Appeals Chamber will be final.
The new battle for Rosell is the claim for the 21 that he spent in pretrial detention
Once the acquittal has been confirmed, the representatives of Rosell and Besolí will have the door open for another legal battle, the claim for the 21 months they both spent in pretrial detention, from May 25, 2017 and until the trial has already begun, the 27 February, the order of liberty was issued with precautionary measures.
Rosell was accused of creating a criminal structure with relatives and friends to launder money from illegal commissions that the president of the Brazilian Football Confederation (CBF), Ricardo Terra Teixeira, would have charged. However, the CBF did not appear to be injured in the proceedings and the trial court considered that the money had not been proven to have this illicit origin.
Is pretrial detention abused?
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