The government of Pedro Sanchez has spoken on the Negreira case ensuring that “the professional soccer sports competition and the arbitration system would have been manipulated through payments by the Barcelona Soccer Club to the one who was vice-president of the Technical Committee of Referees, Jose Maria Enriquez Negreira“.
In a 21-page document, to which he has had access digital freedomthe State Attorney’s Office is appealing the decision of the Investigating Court No. 1 of Barcelona that last month rejected the appearance as a private prosecution or public prosecution of the Executive in the case through the Superior Sports Council (CSD)who presides Jose Manuel Franco.
“The CSD, as the direct manager of state sports policy, is in charge of ensuring, among others, cleanliness in Spanish sports competitions. At this point, remember that, as indicated, the Sports Law recognizes the public interest in high-level sport. Consequently, given that there are indications that Fútbol Club Barcelona has been making payments to José María Enríquez Negreira for him to carry out actions tending to favor Fútbol Club Barcelona in decision-making by the referees In the matches played by said club, the legal right of fair play in Spanish sport would be affected and violated, which, as has been said, must be protected ex lege by the CSD. Therefore, since the CSD is the owner of the legal asset constituted by fair play in Spanish sport, it is considered to be offended in this proceeding,” the State Attorney’s Office points out.
“The CSD is the owner of the protected legal asset allegedly injured in this proceeding, which iss the alleged alteration of the integrity and cleanliness of the Spanish First Division Football League, free competition in it and the violation of educational, cultural and social values that sport represents. As indicated, the CSD has to ensure fair play in Spanish sports competitions, that is, for the regularity of sports competitions and the authenticity of their results, through the exercise of the legal actions that proceed”, adds the written.
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According to the State Attorney’s Office, “the CSD can invoke its status as offended by the crime of corruption in the sports field to the extent that it allegedly The professional football sports competition and the arbitration system would have been manipulated through payments by the Barcelona Football Club to the former vice president of the Technical Committee of Referees, José María Enríquez Negreirawith the presumed purpose of the latter carrying out actions tending to favor the Barcelona Football Club in the Spanish first division football league during the years 2011 to 2014″.
“For all of the above, it is requested that, based on the allegations, the present appeal against the order of May 12, 2023 be upheld, leaving it without effect and agreeing to admit the appearance of the Superior Sports Council ( CSD) in these proceedings,” he concludes.
The arguments of the Court to reject the CSD
The Investigating Court No. 1 of Barcelona justified its rejection of the appearance of the Government through the CSD, stating that “No special legislative authorization is established in the Sports Law for the exercise of criminal action by the CSD. It can be concluded, therefore, that the CSD is a body of a purely administrative nature, with recognition of its own disciplinary powers, urging the sanction of behaviors that, in the event of exceeding the limits of the purely sports field, must be referred to the judicial or fiscal authority for let them be the ones to act”.
“From the examination of the regulations contained in the Sports Law and the general criteria of jurisprudence The consideration of the CSD as offended by the crime must be rejected since, in no case, is it the owner of the protected legal right by criminal law or in the case of the crime of private corruption in sport or, even less, in relation to the crimes of Unfair Administration and Falsification in a commercial document”, highlighted the Court.
2023-06-22 19:38:25
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