The Prosecutor’s Office of the National Court has appealed the sentence in the ‘Rubiales Case’ trial and requested the nullification of the trial, as well as its repetition. The public authority believes that the case judge, José Manuel Fernández-Prieto, was not fair and requests a retrial with a magistrate who is “not biased, or at least appearing to be impartial.”
Prosecutor Marta Durántez was responsible for writing the appeal requesting the Criminal Chamber to declare the “nullity of the sentence due to defenselessness and arbitrariness” and for a new trial to be held in which “all admitted and presented evidence is evaluated.” The Prosecutor’s Office argues that the trial was not fair and requests a new one with a different magistrate.
The Central Criminal Court of the National Court sentenced Luis Rubiales to an 18-month fine for sexual assault. This stems from the kiss that the former president of the Royal Spanish Football Federation gave to player Jennifer Hermoso after the 2023 Women’s World Cup final. The sanction includes a fine of 10,800 euros and a restraining order prohibiting him from approaching the footballer within 200 meters for a year. However, this sentence does not seem fair to the Prosecutor’s Office, which has appealed the sentence.
It should be noted that the Prosecutor’s Office had requested two and a half years in prison for Rubiales: a year and a half for sexual assault and another year for coercion. Likewise, a year and a half in prison was also requested for the rest of the accused, who were acquitted after the trial. The Central Criminal Court of the National Court declared Rubiales guilty, but with a lesser sentence than requested by the Prosecutor’s Office, which has now appealed. It remains to be seen if the appeal is accepted.