The prosecutor’s office will ask Australia to consult on whether kissing Rubiales is a crime in the country


The Prosecutor’s Office of the National Court will request a complaint against Luis Rubiales, Suspended president and coach of the Royal Spanish Football Federation (RFEF) Check if kiss in Australia What did soccer player Jennifer Hermoso do? may be a crime In that country, because that’s where it took place during the medal ceremony after the World Cup final in Sydney on August 20. The fact that there is double criminality, that is, that the act can be punished in the country where it occurs and in the country where it is tried, is essential to the prosperity of the case.

Requirements for pursuing a complaint against Rubiales

Article 23.2 of the Organic Law of the Judiciary (LOPJ) establishes that they can prosecute crimes committed outside the national territory until the Spanish are responsible or foreigners who acquired nationality after the commission of the acts. This theory is complete, given that Rubiales is Spanish, but alone is not enough to establish Spanish jurisdiction for an investigation. This requires other requirements to be met, the first of which is “The act is punishable at the place of execution. In this case, Australia.

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The next requirement is that “the aggrieved party or the prosecutor’s office files a complaint before the Spanish courts.” Something that has already been accomplished, given that Hermoso appeared at the state Attorney General’s Office last Tuesday to formalize his complaint. Ultimately, it is necessary that “the offender has not been acquitted, pardoned, or punished abroad,” A fact that has not occurred because Rubiales has not been prosecuted for this fact anywhere else.

The prosecutor’s office began investigation proceedings last week Following different complaints that individuals filed against Rubiales, he did so to provide the possibility of reporting the player for sexual harassment and because he did not suspect that the kiss was “not consensual.” The Public Ministry believes that the reported incidents may have occurred This constitutes the offense of sexual harassment and is punishable with a prison sentence of one to four years, according to Article 178 of the Penal Code.

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“Sexual harassment is considered to be an act of sexual content that is carried out using violence, intimidation, or abuse of the victim’s position of superiority or vulnerability, as well as that which is carried out on people who are deprived of means or who, due to their situation, abuse is committed, and which is committed when the victim’s will is revoked for any reason,” the article said.

FIFA has temporarily suspended Rubiales from his duties as president while an investigation is conducted into his behavior during the World Cup final, in which he also placed his genitals in the box while celebrating the Spanish team’s victory. Had caught.

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