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The majority of judges on a Brazilian court ruled on Wednesday to uphold an Italian court’s rape conviction for former AC Milan and Brazil striker Robinho, adding he must serve the nine-year prison sentence in Brazil.

The 40-year-old Robinho can appeal to the Brazil’s Supreme Court.

Judges on Brazil’s Superior Court of Justice voted 9-2 to validate the conviction of the former Real Madrid, Manchester City and AC Milan striker.

Robinho was sentenced in Italy to nine years in prison for his part in a group sexual assault in 2013 when he played for AC Milan.

Brazil doesn’t extradite nationals, which led Italy to seek his imprisonment in his home nation.

One of the elements decided by Brazil’s superior court of justice — a 15-judge panel in the capital Brasilia — is whether Robinho fits into the South American nation’s immigration law approved in 2017.

Robinho’s lawyer, José Eduardo Alckmin, told the court at the start of Wednesday’s hearing that his client wants a retrial in Brazil on the grounds of national sovereignty.

The first judge to vote, Francisco Falcão, said Robinho should serve his sentence in Brazil. He added that the former player cannot go unpunished and that diplomatic friction between Brazil and Italy could emerge if the sentence is not served.

“There’s no obstacle to validate the execution of his sentence. It was confirmed by a court in Milan, which is the competent authority in this case,” Falcão said. “The conviction is final. The defendant was not put on trial in absence in Italy, he had representation.”

Robinho lives in Santos, outside Sao Paulo. He relinquished his passport to Brazilian authorities in March 2023. He continues to deny any wrongdoing and insists his sexual relations with the woman at a Milan bar were consensual.

Information from Reuters and The Associated Press was used in this story.

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