The Brazilian constitution states that Robinho cannot be extradited to Italy, even if he’s ultimately found guilty of a 2013 gang rape.
Yesterday a court in Milan sentenced the forward to nine years in prison for gang raping a 22-year-old Albanian woman in a Milan disco on January 22, 2013.
The court also sentenced one of Robinho friends, Ricardo Falco, to nine years for the incident which happened while the striker was playing for Milan.
Under Italian law, no sentence is enforced until all levels of appeal have been exhausted, so the Atletico Mineiro player and Falco can still take their case to the appeals court and the Supreme Court.
However, even if both are ultimately found guilty, the Brazilian constitution forbids the extradition of natural born citizens.
Article 1 of Decree-Law No. 394 states that “in no case shall the extradition of Brazilians requested by a foreign State be granted”.
That does not mean though that punishment can be escaped, as those wanted for extradition will be “tried in the country, if the charge against him is an infraction according to Brazilian law”.
The law furthermore states that “if the penalty stipulated in Brazilian law is more severe than that of the requesting State, it will be reduced accordingly”.