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JURISPRUDENCE QUESTIONS THE ACCUSATION

The laws protect Barça against the accusation of bribery for the 'Negreira case'

Published:2/10/2023 - 17:47h

Updated:2/10/2023 - 17:50h

FC Barcelona has been involved in the 'Negreira case' controversy for some time. Now, after being charged with the crime of bribery, the club could find its main support in the law to prove its innocence in the face of this accusation

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The FC Barcelona has been imputed by the crime of cohecho, after the judge Joaquín Aguirre, headline of the Court of Instruction Number 1 and attendant of the 'case Negreira', promoted the investigations on the payment of more than seven million euros by part of the club to Enríquez Negreira, exvicepresidente of the Committee of Spanish Referees.

The magistrate bases his indictment in the fact that so much the Real Spanish Federation like the Committee of Referees have functions of public nature, and according to the law, the crime of cohecho applies when they are involved civil servants. In this case, the judge considers to Enríquez Negreira like a civil servant, and basing in the premise that "any civil servant can receive emolumentos by the fulfillment of the public function", has proceeded with the imputación.

The laws desestiman that exist the crime of cohecho by part of the Barça

However, in favour of the FC Barcelona, according to the journalist Pedro Jiménez of the 'Chain BE', so much the Spanish legislation like the international, as well as the jurisprudence of the Constitutional Court and of the High court, question the indictment of cohecho to the club. These sources sustain that so much the Federation like the Technical Committee of Referees have private nature, and all his members have the same status.

The theory that the Committee of Referees is a public organ disassembles when considering that the sportive law establishes that the RFEF has to create a referee's body on line with the international laws, and the FIFA establishes clearly that said organ does not have to be subject to the supervision or control of other organisms, to guarantee his independence.

The Federations and his private character

Besides, they exist numerous sentences of the High court and of the Constitutional Court that establish that the Federations are "authentic associations of private character". In fact, according to the sentences consulted by the Chain BE, the federations consider "private institutions that exert public functions officials in delegation of the Administration".

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