The judge, recalling the “Negreira case”, this Friday admitted a private prosecution to Real Madrid, but instead rejected the possibility of the Superior Sports Council (CSD) appearing in the case. The trial court number 1 of Barcelona is investigating the financial payments (7.3 million) of Barça for almost two decades to the president of the Committee of Technical Referees (CTA), José María Enriquez Negreira. The case investigates “actions” in favor of Barça “in reference decisions” and was opened after a complaint was made by the Prosecutor’s Office due to the continuous charge of corruption between people in the sports field, unfair management and falsification in commercial documents. .
A complaint has been filed against Sandro Rosell, Josep Maria Bartomeu, FC Barcelona, Enríquez Negreira, former directors Scar Grau and Albert Soler and the company’s former chief referee, DASNIL 95 SL. The Prosecutor’s Office has commissioned the investigation of the Civil Guard, which is in the case. LaLiga’s private prosecution has appeared. He also requested Madrid before the alleged crime of corruption. The White House understands that it would be harmed as a participant in the league if it favored Barcelona in the decision of the referees and therefore in the outcome of the competition.
Any team that is part of the competition can be harmed by the facts sought “as the owner of the right is protected by law, which is the integrity of the game”, as the order of the judges is justified. “The facts investigated refer to certain actions by people connected to Barça that tend to favor the club in the decision-making process and in the results of the competition,” says the ruling court.
If the crime of a mere action in which the offer or request is sufficient to complete the crime, it is not necessary to harm these intended effects by preserving the law, as the magistrate declares.
“Each club has a direct interest in the fact that acts of any kind do not occur which involve game manipulations in such a way that an illegal change can be made from the outcome of the competition and which they consider a breach of faith and integrity. who governs the competition.” Competition,” he said.
The crime of corruption in sports is a crime of mere activity, which is consummated with a mere offer or request, and therefore does not need an effect in order to recall the judge for its consummation. The act of active bribery consists of promising, offering or granting a benefit or advantage of any nature, which is not justified to carry out or refrain from a deliberate act or to add to the fraud predetermined or change from the sports competition. It is therefore concluded with a simple promise, offer or concession of benefit or benefit to both the athletes involved and to each other, and a referee with the intention of fraud to predetermine the outcome, which is obtained in the common development of the experiment.
The act of passive corruption consists in receiving, requesting or accepting a benefit or advantage of any nature, not justified for the performance or abstinence in the act, which deliberately and fraudulently determines or changes the performance of the game.
On the other hand, the Judge in the CSD case did not accept it. “Public bodies, regardless of their sector, cannot carry out popular action unless there is a legal authority, which is provided only in the form of violence.” In the game, there is no express legal authority for bringing criminal CSD.
A few days ago, Barça demanded that the prosecution be involved, considering itself the only injured party. The estate was properly managed in the opinion.
