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Sandro Rosell, former president of Barcelona, on his way out of the Soto del Real prison.
The Chamber adopts this decision by rejecting the appeal of the Office of the Prosecutor, that asked for Rosell 6 years of jail, in a sentence of which the magistrate is speaker Eloy Velasco
The first section of the Criminal Law acquitted Rosell on April 24 by applying the principle of “in dubio pro reo”In case of doubt, it is decided in favor of the inmate, before the doubts that were presented to the court about the commission of the crime of money laundering.
In its resolution, the Appeals Chamber, also composed of Enrique López Y José Ramón Navarro, It can not enter into consideration of the evidence, of which direct and immediate observation suffers, so that should be limited to analyzing rationality of them and if there is enough motivation or not in the sentence.
The Prosecutor's Office appealed for the acquittal of the former president of the Barcelona on having understood that there was “an error in the evaluation of the evidence”, and therefore requested “the annulment of the acquittal due to insufficient motivation” and the celebration of a new trial with “a different composition” of the court.
In view of the arguments of the prosecutor, the Chamber considers that the judgment appealed coherent reasoning, integrating all the elements of evidence available to him and constructing a factual account in which he grants greater likelihood to certain tests and indications that inclined him for the exculpatory version.
“And everything happens -says- from the privileged perspective provided by immediacy, which makes what obtained from these circumstances be immune in this way, because it does not appear in its conclusions nor notoriously erroneous, not illogical, unfounded or capricious, but at all reasonable points “.
The Appeals Chamber It also values the effort to motivate “a version that does not coincide with that of the prosecutor, but that must prevail over that of that part, because that is, in short, the neutral and most convincing option for one of both versions, which is prosecution “.
Even more, he adds, in a case where there are complicated circumstances of transnationality on the basis of suspicious operations of money laundering, channeled from other countries.
In relation to the undue application of money laundering and of the principle of double criminality raised by the Office of the Prosecutor, the Chamber agrees with the trial court in the impossibility of assume a condemnatory thesis for the crime of money laundering.
No criminal history
The judgment appealed explained that the crime of money laundering requires that there is an antecedent crime from which the black money that is to be cleaned comes, and, in this case, they understood that this criminal antecedent had not been accredited.
The magistrates considered credible that the societal framework, on which the Prosecutor's Office based its complaint, had a real mediation activity by Rosell's company, Uptrend, with a follow-up and control during the years that were in force until its rescission in November 2009.
According to the Office of the Prosecutor, Rosell – who chaired FC Barcelona between 2010 and 2014 – acted intermediary so that the CBF gave in 2006 to an audiovisual group of Saudi Arabia the television rights of 24 friendly matches of the Brazilian national team for 27 million euros.
The Prosecutor's Office accused him of having bleached the illegal commissions that he received for it from the then president of CBF, Ricardo Teixeira.
The foregoing crime would have been committed in Brazil, but in the absence of a previous activity that is considered criminal, the requirement of double criminality would be lacking and that the same acts are a crime in both countries.