What does the Spanish prosecutor’s office accuse Barca of?
The Spanish prosecutor’s office accused the Catalan club of prolonged bribery in business. This is an offense listed in the reformed criminal law of 2010, which also includes cheating in sports. This crime is provided for in article 286, specifically point 4 regarding sports organizations. This law is:
1. A director, manager, member or associate of a company if, on his own or through an intermediary, receives, demands or accepts an undue advantage or advantage of any kind. shall be sentenced to imprisonment from 6 months to 4 years, disqualification from 1 to 6 years and a fine of 3 times the value of the benefit.
2. The same penalty will be applied to those who themselves or through intermediaries promise, offer or grant to a director, manager, member or associate of a company a benefit or benefit unwarranted position, in any form, in the purchase and sale of goods, in the conclusion of service contracts or in commercial relations.
3. Judges and courts, based on the extent or value of the interest, and the role of the violator, may impose a lesser penalty and reduce the fine at their discretion. .
4. These provisions shall apply in respective cases, to the director, manager, member or collaborator of a sports organization, as well as athletes or referees, with conduct. intentionally cheating or altering the outcome of a match or sporting event.
The coverage of subparagraph 4 of article 286 is sports events for which the participants receive remuneration, compensation or economic income, qualifying sports events that are included in the annual sports calendar approved by the federations. approved by the respective group.
Which individuals are accused?
According to initial information, the individuals accused are former Barca president Josep Maria Bartomeu and former deputy referee Jose Maria Enriquez Negreira. Bartomeu is the one who decides on the payment, and Negreira is the one who receives the payment. In addition, former president Sandro Rosell and two other former members of Barca’s leadership, Oscar Grau and Albert Soler, were also charged.
According to El Pais newspaper, both current president Joan Laporta and another former president, Joan Gaspart, will also have to appear in court about payments to Negreira. Because it should be recalled that this former referee official shook hands with Barca not only during Bartomeu’s presidency.
Will Barca be charged if there is no evidence to buy a referee?
The recent 1014/2022 judgment of the Spanish Supreme Court has shown that the crime of bribery in sports must include two elements. The first is an objective factor: there is an act of “promising”, “providing”, “ask” or “accepting” unwarranted benefits or advantages of any kind. The second is subjective: intentionally cheating or changing the outcome of a sport match or competition.
Lawyer José María de Pablo interpreted this as saying that the prosecution did not need to prove that the purchase of the arbitrator was made, and that it resulted in decisions favoring Barca. That is, the crime has taken place when any of those actions are performed, without necessarily producing the result.
What needs to be proven in court?
Since there was no need to prove the results of the matches were falsified, the prosecution only needed to prove Barca’s payments to Negreira were “inappropriate” and that the purpose of those payments was to “change the outcome of the match”. Talking about this issue, Negreira once admitted Barca just “wanted to make sure that the referee didn’t make decisions against him”.
What penalties can Barca face?
If found guilty, Barca could face penalties ranging from fines to “suspension of operations for up to five years, closure of businesses for the same period… and even disbanding the club”. Attorney José María de Pablo explains the specific punishment for each crime set forth in a series of articles in the criminal law. In particular, except for fines, the most notable things are:
1. Dissolution of legal entities: complete deprivation of legal status, as well as the ability to conduct transactions or any activity, even if it is legal.
2. Suspend the club’s activities for a period not exceeding 5 years.
3. Close the club’s business establishments for a period not exceeding 5 years.
4. Prohibit the conduct of activities similar to those charged in the future, which may be temporary or permanent. If temporary, no more than 15 years.
5. Not receive public subsidies and grants, contract with the public sector, and enjoy tax or social security benefits and incentives, for a period not exceeding 15 years.
What is the penalty for individuals?
The penalty for simple bribery, both Bartomeu’s giver and Negreira’s recipient, ranges from six months to four years in prison. But with the Spanish prosecutor accused of “prolonged bribery”, the former Barca president and this former referee official will face a higher sentence. Specifically, as lawyer De Pablo analyzed, it is from 2 years 3 months to 5 years in prison.
