Benfica appealed the decision in the Porto channel email disclosure case, given the partial acquittal of FC Porto directors Francisco J. Marques and Diogo Faria, who were found guilty of only some of the charges.
In the appeal, which the Luz agency had access to this Wednesday, Benfica, which assisted in the trial, understands that the defendants “must be found guilty of all the crimes of which they were accused and found guilty.”
Benfica believes that the court erred in acquitting defendants Francisco J. Marques and Diogo Faria of three crimes against a legal entity with which they were accused in connection with the broadcasts of the Porto Canal program “Universo Porto — Da Bancada”. .
According to the club, “the basis for this justification was essentially the fact that, for the court, Francisco J. Marques, director of public relations of FC Porto, “limited himself to formulating value judgments based on emails published in these transfer, rather than imputation of facts, as required by the compromising type.”
The Lisbon Club also demands that the two defendants be found guilty of “co-authorship of an aggravated crime against a collective individual (…) in connection with the publication of the book “O Polvo Incarnado”.”
Benfica’s lawyers also disagree with the acquittal of the two accused of the crime of unauthorized access, as it is based on a misinterpretation of the rule, understanding that “the commission of the crime of unauthorized access would require that the accused were to gain access to the computer system , from which information was stolen.”
On 12 June, FC Porto’s director of public relations, Francisco J. Marques, was sentenced to one year and 10 months’ suspended imprisonment for disclosing Benfica’s emails, as well as 10 months’ imprisonment for serious violation of correspondence or telecommunications. and also another year and two months for a crime against a legal entity.
Francisco J. Marques, who through his lawyer assured that he would appeal the sentence, was sentenced to one year and 10 months, suspended for the same period.
In turn, Diogo Faria, director of content at Porto Canal, was sentenced to nine months in prison, suspended for a year, for violating correspondence or telecommunications.
Defendants Francisco J. Marques and Diogo Faria were also ordered to jointly pay compensation of 10,000 euros to Luis Filipe Vieira, the former Benfica president who became an assistant in the trial.
Julio Magalhães, who at the time of the events was the director of Porto Canal, was acquitted of all the crimes of which he was accused by a panel of judges chaired by Nuno Costa, finding that the journalist “did nothing to prevent the publication.” , but I couldn’t do it either.”
Francisco J. Marquez was charged with three offenses of invasion of correspondence or telecommunications, three offenses of aggravated infringement of correspondence or telecommunications, clearly in competition with three offenses of invasion of privacy, and one offense of unauthorized access.
FC Porto’s director of public relations was also charged with five aggravated crimes against a legal person and one aggravated crime against a legal person on private charges.
The email disclosure case dates back to 2017 and 2018, when contacts between elements associated with the Benfica structure and third parties were revealed in the program “Universo Porto – da Bench” on the Porto channel.
Author: Lusa
Source: CM Jornal
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