Relationships aggravate Francisco J. Marquez’s sentence in Benfica email disclosure case

On Tuesday, the Lisbon Court of Appeal increased the sentence of Francisco J. Marques, the director of public relations of the Porto football club, to two years and six months in prison with a suspended sentence for disclosing Benfica emails.

The sentences of Francisco J. Marques and Diogo Faria, content director of Porto Canal, were increased after judges classified the crime of collective aggravated crime against the person against Benfica, namely through the publication of the book “O Polvo Incarnado”.

“Defendants Francisco Marquez and Diogo Faria knew that they had no serious reason to believe as true facts that they knew were untrue and damaging to the good name of the assistants, but, nevertheless, they wanted to make them public through the publication of a book.” , says the ruling, which Lusa had access to.

On June 12, 2023, the Director of Public Relations of FC Porto was sentenced in first instance to a suspended sentence of one year and 10 months of imprisonment (in addition to the statutory penalty) for a serious violation of correspondence or telecommunications and an offense against a collective individual.

In the same case, Diogo Faria was sentenced to nine months’ imprisonment, suspended for one year, for violation of correspondence or telecommunications. Porto Canal’s content director has now seen the sentence increased to one year and five months in prison, with the sentence suspended for the same period of time.

Last September, Benfica appealed the decision in the Porto channel email disclosure case, despite the partial acquittal of FC Porto directors, arguing that Francisco J. Márquez and Diogo Faria should be “convicted on all charges.” the crimes for which they were accused and convicted.”

Benfica considered that the court made a mistake by acquitting the accused of three crimes against a legal entity, and also demanded that they be found guilty “as co-authors” of committing a crime against a legal entity under aggravating circumstances. […] about the publication of the book “Polvo Incarnate”.

Francisco J. Marques and Diogo Faria also appealed their convictions for leaking emails in Porto Canal, challenging the legality of Benfica’s complaint, according to a document to which Luza had access.

In appeals now considered unfounded, both directors argued that “Benfica could not be considered offended in this crime and therefore could not file a complaint, so the criminal proceedings began with a violation of the rules of legitimacy.”

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.