Neymar avoids sitting on the accused bench

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The striker of Paris Saint-Germain Neymar gets habeas corpus in a Brazilian court thanks to which cannot be “prosecuted or arrested” for tax evasion in his country, within the framework of two tax actions, according to his advice.

The Federal Regional Court of the 3rd Region of Brazil decided to suspend an “investigative criminal procedure” in which the Prosecutor’s Office proposed a deal to avoid him sitting on the bench of the accused.

however, the court considered that there was insufficient evidence for the Public Ministry to offer a settlement.

“It would be remarkably authoritarian to threaten the Criminal Law with those exercising their basic constitutional right to pay everything when it is due, but when it is due,” the footballer’s alleged defense in a note, which represented by the Davi Tangerino Advogados law firm.

This case is irrelevant on the test that the star of the Brazilian team will face in Spain next October, a month before the start of the World Cup in Qatar, for alleged irregularities in his signing for Barcelona in 2013.

In the case of Brazil, Neymar accused of tax evasion for not declaring correctly and, therefore, not paying the corresponding taxes referring to certain payments he and his family received from Barcelona between 2011 and 2013, when he was still a Santos player.

The Brazilian Treasury imposed a fine of 188 million reais (now about 36 million dollars) which the footballer was able to lower significantly through a series of sources in judicial instances.

In May 2020, also got a precautionary which allowed him to suspend the payment of the fine until the case was tried.

Neymar’s defense says that a large part of the money demanded by the Brazilian authorities was paid in Spain, while defending the colors of Barcelonaby paying taxes in that country, the amounts of which must be deducted from the fine.

After the habeas corpus, his lawyers asserted that there was no “minimum certainty about the existence of a criminal act”, nor “the possibility that the Federal Public Ministry would seek a conviction” or had an “interest in acting”.

“These conditions must be present when an agreement not to prosecute is offered, because the agreement is an alternative to filing a complaint,” argued Neymar’s lawyer, a thesis accepted by the Brazilian Justice.

Source: La Verdad

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