The Investigation Proceedings started in May 2022 and in November they had been prolonged once more for six months. The Treasury knowledgeable the Prosecutor’s Office of a rise in property that Enríquez Negreira’s firm had not been in a position to justify The crime of corruption between people may have penalties for the administration of Barcelona as an energetic half within the funds
The Prosecutor’s Office has till subsequent May to resolve whether or not to file a grievance towards the quantity two Spanish arbitrator, José María Enríquez Negreira, or if, quite the opposite, to file the investigation proceedings opened towards him since May of final yr. . However, that call wouldn’t solely mark the judicial way forward for the arbitrator, but in addition that of the Barça managers who knew and took part in these funds. According to the authorized sources consulted by NIUS, if these actions of cash are thought of unlawful, those that licensed these funds would even be charged with an alleged crime of corruption between people, and never solely the recipient of the funds.
In this particular case, FC Barcelona paid tens of millions in quantities over time to numerous corporations linked to Enríquez Negreira, who held the vice-presidency of the Arbitration Technical Committee that oversaw skilled competitors in Spanish soccer. Specifically, the Prosecutor’s Office is now investigating the cash transferred from the membership to 3 completely different corporations that the investigators hyperlink straight or not directly with the referee.
According to Cadena Ser, the Catalan Prosecutor’s Office is investigating whether or not an alleged crime of corruption between people was dedicated with these transfers. That is to say: if funds had been made to situation the competitors behind the scenes, and never for actual companies supplied to the membership by the businesses that collected the cash. However, in accordance with the sources consulted by NIUS, the judicial vacation spot of the arbitrator could be straight linked to that of the Barça executives who accepted or participated within the supply of the cash: if there may be an alleged corrupt individual, there should be an alleged corruptor. Someone who prices and somebody who pays.
A transparent side of the Penal Code
For this cause, you will need to know the justification that Barcelona has introduced to the investigators to justify the funds, one thing that has not but been formally disclosed. The crime of corruption between people, which the Prosecutor’s Office could be contemplating, happens between two events who agree or promise a fee or every other unlawful profit, much like what occurs within the crime of bribery when public officers or officers mediate. For this cause, this alleged crime would have an effect on each the one who collects and the one who decides to pay, that’s, each the referee and the Barça managers on this particular case.
In truth, the Criminal Code itself displays that this alleged crime will be dedicated by “referees” who obtain funds that “have the aim of intentionally and fraudulently figuring out or altering the results of a check, assembly or skilled sports activities competitors.” With this on the desk and when the scandal broke out, the Barça executives assured that the explanation for these funds was to obtain arbitration recommendation to make sure the “neutrality” of the competitors. Something that for the remainder of the groups appeared insured with out the necessity to pay tens of millions in quantities.