Spanish public prosecutors demand a new process in the case in which Luis Rubiales was found guilty of Kissing Spain player Jenni Hermoso without her permission after the World Cup final 2023.
Last month, Rubiales, 47, was found guilty of the sexual abuse of Hermoso, 34, after she had taken her at the head and kissed her on her lips in November 2023 after Spain had defeated England in Sydney.
The former Spanish football chef was instructed to pay more than € 10,000 (£ 8,942) to fines and was forbidden to go within 200 meters of Hermoso or to communicate with her for a year.
The February ruling has also acquitted Rubiales and three co -suspects of an accusation of coercion, whereby the prosecution was looking for a prison sentence of two and a half years.
In the appeal, the public prosecutor Marta Durantez asked the trial to be repeated, with the argument that evidence and many of her questions were not admitted.
She said that the ruling “has generated a constitutionally relevant material defenclessness that influences the right to effective judicial protection,” while he also asks for another judge to try the case again.
Mrs Durantez wrote: “In our opinion, the behavior of the judge during the hearing at least affected the appearance of impartiality.”
She also said that the fine and the extra € 3,000 (£ 2,520) in compensation that were assigned to Hermoso were very low.
'This fine, taking into account the circumstances of the case, is offensive for the victim and for the victims of sexual violence. Undoubtedly a bad precedent, “said Durantez.
“In our opinion, the behavior of the judge during the hearing at least affected the appearance of impartiality,” she wrote.
Since the judge ruled that there had been sexual abuse, Rubiales should have been sentenced to a year in prison, Durantez added – the fine she had asked for that indictment.
Rubiales and Hermoso have said they are appealing the ruling.
During last month's trial, Rubiales told the court that he was 'completely sure' Hermoso agreed that he kissed her after Spain had won the world cup.
He said: “She squeezed me very firmly under my armpits, she lifted me up and when I came down, I asked her if I could give you a kiss, and she said” okay, “that's what happened.”
“What happened was not important for me nor for her,” Rubiales added to his testimony, describing the kiss as “an act of affection.”
He said the kiss was to mark a unique moment, because “you don't win a world cup every day,” and added: “Even when I see my daughters, I don't kiss them, but on New Year's Eve we kiss each other.”
Although he insisted that the kiss was neither illegal nor immoral during the trial, the football boss admitted that it had been a mistake.
Hermoso told the court that she 'never' agreed to the kiss, that she had 'not respected' by what Rubiales had done and that it was 'one of the happiest days of my life'.
Rubiales resigned in September 2023 after the incident had led to indignation in Spain about the prevalence of sexism in sport.
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