Lucas Hernandez was sentenced to six months in prison for breach of sentence.
He must join a Spanish prison of his choice before October 28, but an appeal has yet to be examined.
The French Internationa should still play with Bayern Munich this Wednesday evening in the Champions League.
As announced, he was titular, at the Estadio da Luz, Wednesday evening in Lisbon. Number 21 in the back, Lucas Hernandez made his match, hardly worried by a Portuguese team swept away in the second half (0-4). “He's a real professional, he trained well and will certainly play a very good match,” declared Munich coach Julian Nagelsmann in a pre-match conf. I would talk to her if I noticed anything unusual, but I didn't. He knows how to separate things. "
Rather very well, even, because the boy must nevertheless, for several days, feel the wind of the ball.
The reason ?
After the Champions League and the Bundesliga, this weekend, the eldest of the Hernandez brothers could experience a whole other playing field next weekend: the courtyard of a penitentiary center.
Indeed, he was sentenced to six months in prison and has until October 28, 11:59 p.m., to voluntarily integrate an establishment of his choice in Spain.
Violation of sentence and six months in prison
Little flashback: in February 2017, then an Atlético de Madrid player, Lucas was arrested by the police after he and his partner attacked each other. The footballer, who is still with his wife with whom he had a child, is then sentenced to "31 days of work for the benefit of the Community of Madrid, ban on carrying a weapon for one year, and ban on approach less than 500 m from his wife and maintain any type of communication with her for six months, ”explains a source from the Superior Court of Justice of Madrid.
A few days later, the two lovebirds meet again for a honeymoon in the Bahamas, ignoring this ban on removal.
It is this offense of violation of penalty that is worth this sentence to six months in prison internationally, and not that for domestic violence.
“During the past three months, the Hernandez clan has presented various appeals to the sentencing judge asking that his prison sentence be suspended,” explains our source.
They therefore demanded that it be replaced by a fine on June 25.
But the law on violence against women, amended in 2015 in the Penal Code, prohibits this.
This is something his lawyer should have known.
Awaiting the assessment of an appeal
While in Spain, a pioneer country in the fight against domestic violence, prison sentences of less than two years may not actually be carried out, Marta Pellón Pérez, criminal lawyer and criminologist from the firm Palladino Pellón & Asociados, tells us that Lucas Hernandez not being an offender without a criminal record, because of his first conviction, "the court considers that he should be sentenced to a prison sentence, because he is not able to apply the statute of limitations. of reprieve. "
The court therefore notified Lucas Hernandez that he had to appear in Madrid on Monday, October 25 and that he would have, from there, ten days to go voluntarily to the prison of his choice.
Everything is not yet decided and the fate of the French international is not sealed.
Another appeal for a suspension of sentence has been filed by his lawyers before a high court and could be assessed before the fateful date of October 28.
For the magistrate, we cannot make predictions as to the chances that this appeal will be rejected or not.
Just the night in jail?
“In any case, continues Marta Pellón Pérez, if the appeal is accepted, that does not mean that Mr. Hernandez is cleared, because the two judgments for violence and violation of the sentence are final.
And if, unfortunately for him, the defender ends up behind bars, three possibilities open to him in prison, depending on the category in which he is placed:
First degree, for extreme cases, on the basis of a hypothesis of extreme dangerousness of the detainee, for example terrorist (Without taking too many risks, one can affirm that it will not be for Lucas Hernandez).
Second degree, the normal regime, for the majority of prisoners.
Third degree, an open regime, which allows the prisoner to spend the day outside the prison, but he still has to sleep in a cell.
“Obtaining this third degree is subject to the individual analysis of the sentenced person and compliance with the minimum conditions for the execution of the sentence,” says Marta Pellón Pérez. If Mr. Hernandez's appeal is unsuccessful and he has to be incarcerated, with a favorable report from an internal body of the prison, he could quickly be qualified in third degree, and he could therefore have the benefits of this situation. “Asked about the possibility of serving his sentence under an electronic bracelet, the lawyer thinks that it is“ not probable ”that this will happen.
It remains to be seen what Bayern Munich will do in the event of his player's imprisonment, especially if the latter can only serve his sentence in Spain, as provided for in the statement of judgment.
For the moment, the German club, which has not responded to our requests for clarification, strongly supports the French player:
"There are players who may not like football in such a situation, but there are also those for whom it is a welcome distraction," said Oliver Kahn, chairman of the board of the Bavarian club.
Lucas is a guy you can count on in any situation.
But this is a private matter for him, with legal proceedings.
“An observation that seems to leave all options open for Bayern.
Bayern Munich: Unless appeal accepted, Lucas Hernandez will have until October 28 to enter prison
Bayern Munich: Lucas Hernandez will go well in Madrid to answer to the Spanish justice… before the prison box?
French football team