The prosecution appeals the sentence against Rubiales and asks for the trial to be repeated

BarcelonaThe Public Prosecutor's Office of the National Court has filed an appeal against the sentence by which the former president of the Spanish Football Federation (RFEF) Luis Rubiales, following the non-consensual kiss on Jenni Hermoso in the World Cup final, was convicted of sexual assault and fined 10,800 euros. In the appeal, the deputy prosecutor, Marta Durántez, requests that the trial be declared null and void for both Rubiales and the other three defendants and that it be retaken, in such a way that evidence that was "unduly denied" to him is admitted and that he can ask the questions that were "and Manuel" to him.

The Public Prosecutor's Office of the National Court had requested a total sentence of 2 years and 6 months in prison for Rubiales: one year for the crime of sexual assault and another year and a half for coercion. For this last type of crime, Durántez asked for 1 year and 6 months for the other three accused: the former coach of the women's team Jorge Vilda, the former director of football of the men's team Albert Luque and the former head of marketing for the RFEF Rubén Rivera. But the magistrate did not consider it so. He only convicted Rubiales for the kiss, which despite considering it a sexual assault, punished him with a financial fine. On the other hand, both the former president of the RFEF and the other accused were acquitted of the crime of coercion.

In the appeal against the sentence, to which the ARA has had access, the deputy prosecutor gives the reasons for requesting the annulment of the trial. Beyond questioning the judge on the substance and form, she considers that the sentence is "incongruent". "Applying an extenuating circumstance, imposing a fine, and more specifically this fine, taking into account the circumstances of the case (he grabbed her by the head with his hands), constitutes an offence for the victim and for the victims of sexual assault "from all over the world", the personal, psychological, reputational and professional consequences for the victim. Penalty for the crime of sexual assault - the magistrate made Rubiales pay a fine, but did not impose a prison sentence - nor article 172.1 for coercion, of which both the former president of the RFEF and the other defendants were acquitted. Finally, he believes that the sentence is "insufficient" taking into account the criteria used to establish civil liability, and due to the specific circumstances of the case.

Rubiales and Hermoso had also filed an appeal before the Prosecutor's Office ruled

The sentence was made public on February 23 and left no one happy. Not even Rubiales, who despite receiving a minimal sentence and avoiding jail time maintained the theory that he was innocent and sought acquittal. A few days later Hermoso also spoke out, who although he welcomed a guilty verdict, believed that the sentences for the accused were insufficient, so he would appeal, as well as the Association of Professional Footballers (AFE). In all these cases they opposed the sentence but not the process. On the contrary, the Prosecutor's Office goes one step further.

Rubiales, sentenced to 10,800 euros fine for kissing Hermoso