The last decision of FC Barcelona with the 'Negreira case'

As they have informed from the Agency 'EFE' in the last hours, the FC Barcelona would have presented a resource to resort the last decision in the middle of the 'case Negreira' that had presented the judge instructor Joaquín Aguirre does some weeks. It had determined an investigation by a crime of cohecho by the relation of the Barcelona entity with the exvicepresidente of the Technical Committee of Referees, José María Enríquez Negreira, basing in that the second of the referees was a public civil servant.

The two lawyers Cristóbal Martell and Marc Molins have presented in front of the Audience of Varceona a resource in which the Barça 'deny' that Negreira can be considered civil servant to "penal effects" and that, therefore, request that it revoke the complaint by crime of cohecho. In case to be like this, the investigation would continue on its course only by the crime of corruption in the sport that had posed the Fiscalía in his main complaint.

The resource of the FC Barcelona by the 'case Negreira'

In the resource that has issued the FC Barcelona establishes that the new penal qualification, "far to constitute an exercise of barren style, can produce a very notable impact in the course and develop researcher of the process in it atinente to temporary periods and people investigated" and warn that the implementation of the crime by cohecho "puts a rear-view mirror that looks until the year 2001, in that they initiate the payments linked to José Enríquez Negreira and his mercantile".

This has caused that it exist "a luck of elefantiasis procedural when projecting eventual condition of imputed to other boards and to other managerial teams of the Football Club Barcelona" independently of which was the scope of the prescription, that varies in function of the type of cohecho. "And this exercise of temporary and subjective broadening of the cause has to be avoided", to avoid "put a rear-view mirror to the infinite to previous facts".

From the Barça think that the instructor is pulling "much more there of the interpretation extensiva the concepts of public civil servant to penal effects" to avoid the "lagoon of punibilidad" in the crime of corruption in the sport, that could not apply to the federative directors like Negreira. Likewise, they sustain that the exvicepresidente of the CTA does not have the "condition of civil servant, neither civil servant to penal effects, neither his activity in the Technical Committee of Referees (CTA) has the nature of exercise of public function".

They add that Negreira"neither is appointed by disposal expresses and immediate of the law" because it has not accessed to his charge by an election neither was designated by a competent authority. They insist that the president of the RFEF, the one who appointed him in his moment, "is not authority to penal effects as it lacks control, this is, capacity and coacción to enforce the commanded, neither jurisdiction in his understanding like capacity to resolve conflicts"."Well, if it is not it the bad president can be it the one who of him depends and to the one who this appoints", abounds the resource.