BY A CRIME OF COHECHO
FC Barcelona, accused of bribery in the 'Negreira case'
Published:28/09/2023 - 10:23h
Updated:28/09/2023 - 11:22h
As it has informed 'The Debate', Joaquín Aguirre, headline of the Court of Instruction number 1 of Barcelona and judge of the 'case Negreira', has imputed to the FC Barcelona by cohecho after the payment of 7,5 million euros to the ex vice-president of the CTA
It has added a new chapter to the 'case Negreira'. This Thursday has confirmed that the Civil Guard has registered the offices of the Technical Committee of Ábitros (CTA) in research of new informations, data and registers of the relation of the ex vice-president Enríquez Negreira with the FC Barcelona that derived in the payment of 7,5 million euros to the 'second' of the referees in Spain.
Likewise, from 'The Debate' have aimed that the headline of the Court of Instruction number 1 of Barcelona and judge of the 'case Negreira', Joaquín Aguirre, has imputed to the Catalan institution by cohecho. In the judicial car has confirmed that the payment of the blaugrana to the exvicepresidente of the CTA constitute a crime, reason by which also has imputed to the ex mandators Josep Maria Bartomeu and Sandro Rosell, as well as to José María Enríquez Negreira and his son Javier Enríquez Romero.
The judge has considered to Negreira like a civil servant, to penal effects, and specifies that "any civil servant can receive emolumentos by the fulfillment of the public function". The decision is based by jurisprudence of the High court, that establishes that "it will consider public civil servant to all that that by immediate disposal of the Law, by election, or by nomination of competent authority participate in the exercise of public functions".
The decision of the magistrate Joaquín Aguirre
Aguirre argues the decision to consider to the members of the RFEF like civil servants because "the Federation, that controls to the referees, has to penal effects the condition of juridical entity-public and that by this reason the directors of the same, included those that form part of technical commissions, have to be considered like public civil servants to penal effects. To arrive to this conclusion, Aguirre supports in an important sentence of the Court of Justice of the European Union (TJUE) relative to a conflict that gave in the Federation of Italian Football".
In this sense, as it establishes the judicial car to the that has had access 'The Debate', exists a criminal behaviour by the payment to Negreira, that did "in attention to the charge that exerted", comparing that "it took advantage of of exercise of his charge of civil servant to request the dádiva or present". Joaquín Aguirre has established that "the crime is consummated when having made the payment independently that it show or no the corruption sistémica of the Spanish arbitration owing to such payments".
Finally, in this new 'chapter' of the Case Negreira, Aguirre has remembered the letter that sent Negreira to Josep María Bartomeu in 2018 in which it established that "if they did not follow him paying would reveal a series of facts that could prejudice gravely to the club". For the magistrate, "of this gives off that Enríquez Negreira had consciousness that they had produced illicit acts in favour of the Barça of quite a lot of gravity".