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Last Updated: Monday, 8 March, 2004, 17:21 GMT
What next legally for Leicester trio?

By Katya Adler
BBC correspondent in Madrid

Three Leicester City footballers stand accused of "sexual aggression" in Spain. But what does this mean and how does the legal system in Spain operate?

Keith Gillespie, Paul Dickov and Frank Sinclair were arrested on Thursday after three women alleged they were attacked in a hotel. The players deny the claims.

Cartagena's court house
A senior judge reviewed the case on Monday
A senior judge adjourned his review of the case on Monday afternoon, without ruling on the three men's bail applications.

There has been much confusion amongst the international media regarding the Spanish law and terminology in this case.

Under Spanish law, judges have investigative powers.

Once an individual has been arrested on suspicion of involvement in an alleged crime, the judge assigned to the case has 72 hours in which to conduct an investigation and to decide whether or not to press formal charges.

The fact the three men have all been charged with "sexual aggression" does not necessarily mean they are suspected of having committed exactly the same sexual crimes

If no formal charges are made by the judge after this three day period, the case is automatically dismissed and the suspects released.

In this case, the three Leicester City players were formally charged on Friday afternoon - one and a half days after their arrest.

At this point the judge had two choices under Spanish law - to release the suspects on bail or to remand them in custody.

The three men have been formally charged with sexual assault.

Under Spanish law that charge covers a multitude of crimes, ranging in severity in the eyes of the Spanish law.

Sexual assault in Spain can mean rape but it can also refer to lesser sexual crimes.

So the fact the three men have all been charged with "sexual aggression" does not necessarily mean they are suspected of having committed exactly the same sexual crimes.

This is an ongoing investigation.

As for the formal charge being made against the men on Friday, their case has been handed over to a more senior judge.

Lengthy wait?

Leicester City Club�s lawyers say there are working to have the players released on bail as soon as possible.

Under Spanish law, however, an individual suspected of sexual aggression can be detained for two years before a trial date is set.

Sangonera prison, Murcia
The press have flocked to Sangonera prison
Under extenuating circumstances - that is, if for some valid reason a trial date cannot be set within that period - they can be detained for up to four years.

If the case then goes to trial and the person is found guilty, the time he or she has spent in police custody is then deducted from their prison sentence.

In cases of alleged sexual assault in Spain, there is no trial by jury, but rather by a tribunal of three magistrates.

The maximum sentence under Spanish law is 12 years.

But this increases to up to 15 years if the alleged aggression included a life-threatening weapon or the alleged victim is a minor or physically or mentally disadvantaged.

Once again this is an ongoing investigation.

If insufficient evidence is collected to go to trial within the time limit allowed by the law, the case could be dismissed.




SEE ALSO:
Adams to stay at Leicester
08 Mar 04  |  Leicester City
Football's troubled times
06 Mar 04  |  UK
Taylor fears media trial
06 Mar 04  |  Leicester City
Sex charges for Leicester three
06 Mar 04  |  Leicestershire


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