Benfica understands that the defendants « must be convicted of all the crimes of which they were accused and pronounced ».
Benfica appealed the decision in the case of the disclosure of emails on Porto Canal, given the partial acquittal of FC Porto directors Francisco J. Marques and Diogo Faria, who were only convicted of some of the crimes charged.
In the appeal, to which the Lusa agency had access, Benfica, which became an assistant in the process, understands that the defendants « must be convicted of all the crimes of which they were accused and pronounced ».
Benfica considers that the court erred in acquitting the defendants Francisco J. Marques and Diogo Faria of the three crimes of offense against a legal person for which they were accused in relation to the broadcasts of the Porto Canal program « Universo Porto – Da Bancada ».
According to the club, « the basis for this acquittal was, essentially, the circumstance that, for the court, Francisco J. Marques, communications director at FC Porto, « had limited himself to formulating value judgments based on the e- mails released in these broadcasts, and not imputing facts, as the incriminating type demands ».
The Lisbon club also asks that the two defendants be convicted, « in co-authorship, of an aggravated crime of offense against a legal entity (…) in relation to the publication of the book « O Polvo Incarnado » ».
Benfica’s lawyers also disagree with the acquittal of the two defendants of committing a crime of undue access, as it is based on a wrong interpretation of the rule, understanding that « fulfilling the type of crime of undue access would require that the defendants had been the ones to access the computer system from which the information was exfiltrated ».
On June 12, FC Porto’s communications director, Francisco J. Marques, was sentenced to one year and 10 months in prison, with a suspended sentence, due to the disclosure of Benfica’s emails, having been punished with 10 months of imprisonment for aggravated violation of correspondence or telecommunications, and another year and two months for offense against a legal person.
Francisco J. Marques, who through his lawyer assured that he would appeal the conviction, was left with a legal penalty of one year and 10 months, with the sentence suspended for the same period.
For his part, Diogo Faria, content director at Porto Canal, was sentenced to nine months in prison, with the sentence suspended for a year, for violating correspondence or telecommunications.
The defendants Francisco J. Marques and Diogo Faria were also ordered to jointly pay compensation of 10,000 euros to Luís Filipe Vieira, former president of Benfica, who became an assistant in the process.
Júlio Magalhães, who at the time of the events was director of Porto Canal, was acquitted of all the crimes of which he was accused, with the panel of judges, chaired by Nuno Costa, considering that the journalist « did nothing to prevent the publication , but I couldn’t do it either. »
Francisco J. Marques was accused of three crimes of violation of correspondence or telecommunications, three crimes of aggravated violation of correspondence or telecommunications, in apparent competition with three crimes of breach of private life, and one crime of improper access.
FC Porto’s communications director was also charged with five aggravated offenses against a legal entity and one aggravated offense against a legal entity following a private accusation.
The case of the disclosure of emails dates back to 2017 and 2018, with communications between elements linked to the Benfica structure and third parties being revealed on the program Universo Porto – from the bench, from Porto Canal.