Sentence to Santi Mina: will he go to jail? can he be fired?

El futbolista Santi Mina accede a la Audiencia Provincial de Almería para su juicio por un presunto delito de agresión sexual


The first sentence issued by the Third Section of the Provincial Court of Almería, in which it imposes four years in prison on Santi Mina is not yet final, since it is possible to appeal before the Superior Court of Justice of Andalusia and later before the Supreme Court. After these two appeals, if the four-year sentence for sexual abuse is maintained, the minimum for this type of crime, Santi Mina must immediately go to prison. The definitive final judgment, that of the Supreme Court, will be known in approximately one year. Below we explain the two appeals that are possible before this first sentence and the penalty that the Celta footballer should serve if he does not obtain acquittal.

Appeal before the TSJ

Photo by Santi Mina

The defense of Santi Mina has a period of ten days to present an appeal before the TSJ of Andalusia, which has its headquarters in Granada. Once this instance has been filed, this court will rule within approximately six months. Here the dates are estimated, there is no minimum or maximum term, everything depends on the speed of justice.

Appeal to the Supreme Court

In the event that the TSJ of Andalusia rejects the appeal filed by the defense of Santi Mina, it will have a period of five days to announce the presentation of an appeal and another fifteen days to present it. It is the highest instance of the ordinary jurisdiction and the one that will dictate the definitive final sentence. As in the TSJ, a term of six months is estimated for the resolution.

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Jail

In the event that neither of these two resources prosper, Santi Mina will have to go to prison. He will have the pleasure of choosing the center in which to serve the sentence and where he will have to spend a quarter of the sentence, which in his case would be one year. From there he will be able to apply for the third degree, which will allow him to spend the night in a social integration center instead of in jail. To apply for parole he must serve two-thirds of the four-year sentence, that is, two years and eight months.

Dismissal

The striker’s contract with Celta ends on June 30, 2024. As explained by the portal Iusport, two assumptions must be differentiated: provisional prison and prison by firm sentence. The Workers’ Statute protects these two cases differently and, therefore, the measures to be taken by the company.

Article 45.1.g of the Workers’ Statute indicates that if it is a case in which the worker enters provisional prison, the contract is suspended and, therefore, it is not terminated.

On the contrary, if there is a final conviction with admission to prison, article 54 (ET), which deals with ‘Disciplinary Dismissals’, establishes in its section 2.a that, if it is a case in which the worker he enters prison by final sentence, the absences are not justified, and therefore, the contractual relationship is breached.

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In the case of Mina there is still no final judgment because the dictated is appealable, both to the TSJ and to the Supreme Court. If it were the case that the sentence was final, the club would be empowered to terminate the contract due to appropriate disciplinary dismissal.

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