The Prosecutor of the National Court opens an investigation into the ‘Rubiales case’ and asks Jenni Hermoso if she wants to join the complaint

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The Prosecutor’s Office of the National Court opens pretrial investigation proceedings against the president of the Royal Spanish Football Federation (RFEF), Luis Rubiales. In addition, it offers Jennifer Beautiful “take action” In other words, ask the soccer player if she wants to join, within 15 days, the process of denouncing the kissing of the striker at the World Cup trophy delivery.

The legal procedure is opened, in part, because the player herself declared, as reflected in the Prosecutor’s letter, that the kiss was not consented: “Not even her kiss was consented… I felt vulnerable and a victim of an assault.” An action that could be, according to the Public Prosecutor’s Office, constituting a crime of sexual assaultforeseen and penalized in the article 178 of the Penal Code.

Although, as the article 191.1, “to proceed for the crimes of assault, harassment or sexual abuse, it will be necessary to report the aggrieved person, their legal representative or a complaint from the Public Prosecutor, who will act weighing the legitimate interests in the presence.” To this is added a requirement: “That the offender has not been acquitted, pardoned or punished abroad or, in the latter case, has not served the sentence.”

For his part, he art. 23.2 of the Organic Law of the Judiciary (LOPJ) indicates that “it will know the Spanish jurisdiction of the crimes that have been committed outside the national territory provided that those criminally responsible were Spaniards or foreigners who had acquired Spanish nationality after the commission of the act”, in addition to this being punishable at the place of execution (Australia), “unless, by virtue of an international treaty or a normative act of an international organization to which Spain is a party, said requirement is not necessary”.

Likewise, the legal text signed by the AN prosecutor lieutenant, marta durantezremember that the circular of the State Attorney General’s Office on the criteria for action after the reform of crimes against sexual freedom in the so-called Law of only yes is yes included among the acts “deserving of criminal reproach” kisses on the mouth, according to several sentences.

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