{"id":11365,"date":"2024-02-21T12:17:15","date_gmt":"2024-02-21T11:17:15","guid":{"rendered":"https:\/\/www.in-diem.com\/abogados\/uncategorized\/right-of-the-accused-to-testify-last-the-dani-alves-case"},"modified":"2026-03-13T13:45:15","modified_gmt":"2026-03-13T12:45:15","slug":"right-of-the-accused-to-testify-last-the-dani-alves-case","status":"publish","type":"post","link":"https:\/\/www.in-diem.com\/en\/abogados\/criminal\/right-of-the-accused-to-testify-last-the-dani-alves-case","title":{"rendered":"Right of the Accused to Testify Last. The Dani Alves Case"},"content":{"rendered":"\n

Sara Dom\u00ednguez Ramos, head of the Criminal Law Department<\/a> at the law firm In Diem Abogados<\/a>, 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.<\/p>\n\n

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. <\/p>\n\n

Has Dani Alves Received Preferential Treatment by Testifying Last? <\/strong><\/h4>\n\n

This event has caused a great media stir. Has the former Brazilian footballer received preferential treatment from the Spanish Justice System? <\/p>\n\n

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.<\/p>\n\n

However, if we refer to the Criminal Procedure Act<\/a>, 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:<\/p>\n\n

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…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<\/em>…<\/p>\n<\/blockquote>\n\n

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.<\/p>\n\n

Sara Dom\u00ednguez 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”<\/em> 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”<\/em><\/p>\n\n

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.<\/p>\n\n

Expert lawyers in<\/strong> Criminal Law<\/strong>: M\u00e1laga, Marbella, Seville, Madrid, Las Palmas de Gran Canaria, Almer\u00eda, Huelva…<\/strong><\/h4>\n\n

Criminal Lawyers | IN DIEM<\/strong> has extensive experience and a high degree of specialization in the area of Criminal Law<\/strong> and Penitentiary Law<\/strong>, offering clients the appropriate procedural strategy and necessary advice at all times.<\/p>\n\n

IN DIEM Lawyers<\/strong> has a team with experience in previous roles as Magistrate-Judge, State Attorney, Prosecutor, or University Professor,<\/strong> which will provide you with peace of mind and security, having the best team, competitive and highly prepared to achieve your objectives and meet your needs.<\/p>\n\n

We are at your disposal for whatever you need. You can reach us through the IN DIEM Lawyers Telephone (+34) 901 900 071.<\/strong> <\/p>\n\n

For urgent matters, you can reach us at the IN DIEM 24-Hour Emergency Lawyers Telephone: (+34) 610 667 452.<\/strong><\/p>\n\n

Did you know that IN DIEM Lawyers offers online and urgent services?<\/strong><\/h4>\n\n

We offer our clients the possibility of being assisted by video call or videoconference, as well as by telephone, according to our clients’ preferences, so that the assistance is as personal as possible, with absolute immediacy, without the need for travel. This service is complemented by email communication, which facilitates the analysis and delivery of documentation. <\/p>\n\n

Likewise, we provide our companies with urgent and 24-hour services, handling national and international contracting operations.<\/p>\n\n

For more information on the Online Legal Advisory Service HERE<\/a>, and for the 24-Hour and Urgent Service, HERE<\/a>.<\/strong><\/p>\n

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Would you like to know more about IN DIEM Lawyers? Here is a brief introductory video… <\/h4>\n