The judge insists on talking about the crime of bribery only to 'hunt' Laporta

The 'case Negreira' has opened a new chapter after the judge have decided to impute to the president of the FC Barcelona, Joan Laporta, considering that the payments to the ex vice-president of the Technical Committee of Referees made between 2008 and 2010 have not prescribed when treating of a possible crime of cohecho continued. This determination bumps with the adopted by the Fiscalía Anticorrupción, that excluded in his moment to Laporta when understanding that his payments during his first presidency in the club already had prescribed.

This stage produces always under the interpretation of the judge that Enríquez Negreira can be considered like public civil servant, when loaning this function of vice-president of the CTA, that depends on the Spanish Federation of Football. An interpretation that seems something forced since in the article 1 of his Statutes, the RFEF self-evident like an entity asociativa private.

Some laws do not seem to support that it treat of a cohecho

The cohecho collects in the Penal Code like "the individual that offered or delivered dádiva or reward of any another class to an authority, public civil servant or person that participate in the exercise of the public function so that it make a contrary act to the inherent duties to his charge or an act typical of his charge, so that it do not make or delay the one who had to practise, or in consideration to his charge or function, will be punished in his respective cases, with the same penalties of prison and fines that the authority, civil servant or person corrupted".

In his point two adds that "when an individual delivered the dádiva or reward attending the application of the authority, public civil servant or person that participate in the exercise of the public function, will impose him the same penalties of prison and fine that to them correspond them". It is thus in this case it speaks of the called cohecho active, which are "those that corrupt to the civil servant offering him a bribe in return of a deal of favour", aims the Code.

The judge wants to keep firm in his persecution to the Barça

The judge instructor remembers in his writing that the facts investigated can constitute, among others, a crime of cohecho continued, by what, in accordance with the Penal Code, the term of prescription is of ten years from the day in that it carried out the last penal infringement or ceased the criminal behaviour. In this case it would be July of 2018, date of the last payment to Negreira and his son by the referee's consultancys for the Barcelona club.

Of this form, to the presidents and directors of the Barça has to apply them the term of ten years of prescription to explain from 17 July 2018, taking into account that the penalty to impose is of six to seven years and half, due to the fact that it treats of a crime continued of cohecho, according to the judge. Likewise, it tries to support in a sentence of the High court to defend that the crime of cohecho continued is atribuible to the distinct presidents that sucedieron in the Barça, since, in his opinion, the part "pagadora" is always the same, the FC Barcelona.