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 football director of the men's team Albert Luque and the former head of marketing for the RFEF Rubén Rivera.

In the text, to which the ARA has had access, the deputy prosecutor cites other reasons for requesting the annulment of the trial. She considers that the sentence is "incongruent" and that the victim suffered defenselessness because "procedural rules and guarantees" had been violated with the evidence admitted and that not. She also considers that the judge "appeared to be biased" and that he did not apply correctly article 178.1 of the Penal Code in 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 ex-president of the ex-president. Finally, he believes that the sentence is "insufficient" taking into account the criteria used to determine civil liability, and the specific circumstances of the case.

The sentence was made public on February 23 and left no one happy. Not even Rubiales, who despite receiving a minimum sentence and avoiding jail time maintained the theory that he was innocent and sought acquittal. A few days later, Jenni Hermoso also spoke out, who, although she welcomed a guilty verdict, believed that the sentences for the accused were insufficient, especially for the crime of coercion, of which they had been acquitted. The Professional Footballers Association, which acted as private prosecutor, announced that it was going to appeal. In all these cases they opposed the sentence but not the process. On the other hand, the Prosecutor's Office has gone a step further.