The prosecutor’s complaint against FC Barcelona continues to reveal interesting data. The latest from El Pais newspaper They confirmed that the public prosecutor’s office itself had requested that Luis Enrique and Ernesto Valverde testify as witnesses in the “Negreira Case.”
The public prosecutor’s office’s decision to accuse FC Barcelona of continued corruption in the Negreira case opens another drawer full of questions. What does this complaint mean? Can the club have sporting influence? Can Bartomeu go to jail?
Prosecutors have accused the Barça club of continued corruption in business, a crime enacted in the 2010 Criminal Code amendments. This includes fraud in the sports field. This offense is contained in Article 286, and point 4 is concerned with sports bodies.
According to initial information, Complaints are lodged against both Josep María Bartomeu and José María Enriquez Negreira. That is, who makes the payment decisions and who accepts the payments.Sandro Rosell, Oscar Grau and Albert Soler are also indicted. It should be remembered that Enriquez Negreira and his relationship with FC his Barcelona is not limited to Bartomeu’s time as club president. According to El Pais, the prosecution has asked Joao Laporta to testify as a witness before the judge about the payment to Negreira. Also Joan Gaspard.
If found guilty, the sentence for the club could range from a fine to, as lawyer José María de Pablo explains, “a maximum five-year suspension, closure of the premises for the same period, and a ban on the practice.” activities in which the crime was committed…even the dissolution of the club”.
Articles 277, 278, 279, 280, 281, 282, 282-2, 284, 285, 285-2, 285-2 and Articles 286-2 (at hand) to Articles 286-4:
to) A fine of 2 to 5 years or 3 to 5 times the profit obtained or should have been obtained If the crime committed by a natural person is punishable by imprisonment for not less than two years, the resulting amount is higher.
b) 6 months to 2 years fineor in the remaining cases, from twice the profit made or up to twice the profit that could have been made had the amount made been higher.
3. In accordance with the rules laid down in Article 66 bis, judges and courts may similarly impose the penalties provided for in Article 33 Article 7 b) to g).
And the penalties collected in Article 33 read:
b) dissolution of a corporation Dissolution not only results in a definitive loss of its legal personality, but also the inability to act in any way in legal transactions or to carry out any kind of activity, even if it is lawful.
c) Inactivity for a period not exceeding five years.
d) Closure of facilities and facilities for a period not exceeding five years.
and) Prohibition of future activities In whose exercise the crime was committed, favored or concealed. This ban may be temporary or permanent. If temporary, its duration cannot exceed 15 years.
F) Loss of eligibility for subsidies and public assistance, contract with the public sector for a period not exceeding 15 years and enjoy tax or social security benefits and incentives;
g) Judicial intervention to protect workers’ rights or for such period as the creditor deems necessary. This period he cannot exceed five years.
What are the penalties for accused corporations?
The prison sentence for the participants in corruption (the person responsible for making the payment and the person receiving the payment) is six months to four years in prison, but the addition of “continued corruption” to the complaint says lawyer De Pablo explains, “Penalties are imposed on the upper half and can reach the lower half of the upper half. They range from 2 years to 3 months and 5 years in prison.”
Source: Diario.Elmundo
