Right of the Accused to Testify Last. The Dani Alves Case

Sara Domínguez Ramos, head of the Criminal Law Department at the law firm In Diem Abogados, shares her thoughts on whether or not there has been preferential treatment in the trial of footballer Dani Alves, accused of sexual assault, for which he is being tried, by allowing him to testify last.

The case of the former FC Barcelona footballer is undoubtedly one of the most high-profile cases in recent years. The court of Section 21 of the Provincial Court of Barcelona rejected the arguments of Dani Alves’ defense and his request to suspend the trial. Far from being suspended, the criminal proceedings were divided into three sessions, with the accused testifying last, this being the most striking aspect of the procedure.

Has Dani Alves Received Preferential Treatment by Testifying Last?

This event has caused a great media stir. Has the former Brazilian footballer received preferential treatment from the Spanish Justice System?

Criminal proceedings in the Spanish legal system do not usually leave the accused’s testimony until last, as it is customary for the trial to begin with the accused’s statement once preliminary matters have been resolved.

However, if we refer to the Criminal Procedure Act, the law that regulates judicial proceedings in criminal cases, it does not establish that the accused must testify first as a mandatory requirement, as reflected in Article 701:

…Immediately thereafter, the evidentiary proceedings and examination of witnesses shall be carried out, beginning with that offered by the Public Prosecutor, continuing with that proposed by the other plaintiffs, and finally with that of the accused…

The In Diem Abogados team recognizes the accused testifying last as a logical measure, and defends the argument that this should not be treated as an exception, but rather should become standard practice as a measure to protect the rights of the accused.

Sara Domínguez notes “the reality in trials is very different; judges, despite what the Criminal Procedure Act dictates and despite existing case law on the matter, do not allow the accused to testify last” and adds “therefore, the fact that Dani Alves testified last may be surprising, but the truth is that it should be the norm and not an exception”

For all these reasons, the law firm In Diem Abogados welcomes the Court’s decision to safeguard the right to defense and we would like this practice to be carried out in each and every criminal proceeding in Spain, as we consider that failure to respect this article seriously violates the right to defense and therefore violates human rights.

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