The Court of Instruction number 1 of Barcelonawhich investigates the Negreira casehas issued a serious warning that could be final in the future of the Barcelona and the possible condemnation that the club would face. And it is that, first of all, the judge Silvia Lopez Mejia has complied with Real Madrid’s request, admitting that the entity chaired by Florentino Perez appear as a private prosecution.
But, on the other hand, the judge’s order reflects that it is not necessary for the Barcelona has paid referees to commit a crime of sports corruption. John Laporta broke his silence on April 17 to acknowledge the payment of seven million euros to José Maria Enriquez Negreira: “A service was provided that is documented provided by Javier Enríquez Romero and these are the proofs of it.” In that same appearance, the Barça president said he was accompanied by 629 reports, 43 CD’s and four additional reports justifying said payments.
However, the Court number 1 of Instruction of Barcelona It is clear with this matter: “The crime of corruption in sport is a crime of mere activity that is consummated with the mere offer or request and that therefore does not need the result to occur for its consummation,” he begins.
“The act of active corruption consists of promising, offering or granting a benefit or advantage of any nature that is not justified for carrying out or abstaining from an act aimed at deliberately or fraudulently predetermining or altering the result of a sports competition. Therefore, it is consummated with the simple promise, offer or concession of the advantage or benefit both to the athletes involved and to the referee with the intention of fraudulently predetermining the result that would be obtained in the normal development of the test, “adds the order of the judge
This means that the Barcelona You already know first-hand that the crime of sports corruption is not based on the demonstration of having paid the referees, but with the simple attempt to influence them already enough to have incurred in it.
«The act of passive corruption consists of receiving, requesting or accepting the benefit or advantage of any nature not justified for the performance or abstention of an act aimed at deliberately and fraudulently predetermining or altering the result of the sports competition. And therefore, the mere fact of receiving, requesting or accepting the benefit or advantage is enough for the crime to be consummated, “says the judge Silvia Lopez Mejia.
On the other hand, it affirms something that could be revealing for a future sanction of the Barcelona: «The facts investigated indicatively refer to certain actions of people linked to the Barcelona tending to favor said club in the decision-making of the referees and, in this way, in the results of the competition”.
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