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In the collected material, there were photographs copied from the victim’s social networks that, through the defensive line of Robinho’s lawyers, showed a close relationship with parties and drinks.
– This is not a banned thing. The Code of Criminal Procedure consents – said lawyer Jacopo Gnocchi, who has defended women since the beginning of the investigations in 2013.
Gnocchi says that this defense strategy (using facts from the victim’s personal life to try to discredit her) is common in cases related to crimes of sexual violence, but points out that this argument was not used by the defense of the player in the first trial. instance. completed in November 2017.
– This just appeared now and did not deserve a response or attention. It was a legitimate defense choice. I cannot evaluate the outcome of the election, but this was completely ignored at the trial – added Jacopo Gnocchi.
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Robinho even signed with Santos, but the contract was suspended – Photo: Ivan Storti / Santos FC
It says that the victim, who personally accompanied the hearing in the Milan court, was “slightly shocked” by the material presented.
– Psychologically, it was a lot of work for her. It was like reliving everything again. But it is part of the procedural dynamics, the defense has the right to use all the strategy at its disposal to assert its arguments.
The conviction of Robinho and Ricardo Falco was based on article “609 bis” of the Italian penal code, which speaks of the participation of two or more people reunited for an act of sexual violence, forcing the victim to have sexual relations due to their condition of “physical inferiority”. or psychic ”.
According to the victim’s testimony and the interceptions carried out during the investigation, the woman was “completely drunk” when she was dominated and subjected to sexual relations without her consent with the player and his friends.
The defendants’ attorneys maintained that the relationship was consensual and also challenged the assumption that the victim was “psychologically disturbed”, claiming that there was no evidence that she was drunk.
With the sentence confirmed by the court of second instance, the lawyers for Robinho and Falco will appeal to the Court of Cassation, a body that in the Italian judicial system is equivalent in Brazil to the Federal Supreme Court. Only after the process is processed in that third instance, can the accused be found guilty.
The crime, according to the complaint, took place in January 2013 at the Sio Café nightclub in Milan, when Robinho was one of the main protagonists of Milan. In all, six men were accused of sexually abusing the woman, who turned 23 on the night of the episode. Four of the accused, friends of Robinho and residents of Brazil, left Italy during the investigation and were not included in the process.
Casagrande comments on Robinho’s conviction in second instance in Italy
The second instance court in Milan has up to 90 days to publish yesterday’s sentence. Only after that, defense attorneys can send the appeal to the third instance.
In the Court of Cassation, according to lawyer Gnocchi, there will be an analysis of the development of the case in the two previous instances, and not a third assessment of the facts.
– Usually the trial is very fast. If there aren’t many particular items, it will take up to a year to complete, he said.