The 'Case Negreira' has turned into the big nightmare of the FC Barcelona in this 2023. In February, the 'Chain BE' spread the first informations on the payment of 1,3 million euros of the group barcelonista to the company of José María Enríquez Negreira, exárbitro and exvicepresidente of the Technical Committee of Referees between 1994 and 2018. From this moment have not left to go out new data that have finished deriving in the complaint of the Fiscalía of Barcelona to the club like legal person and to several ex-presidents and exdirectivos, between which find Josep Maria Bartomeu and Sandro Rosell.
A lot of media, fans and even the own Javier Thebes, that does not leave to speak on the case, are taking advantage of this querella for difamar to the Barça. The reality, although to some weigh them, is that the Barcelona entity is innocent until it show the contrary. It is a very complex subject that it is necessary to treat with a lot of caution for no 'mark' the image of the club. In 'FCBN' want to try explain in detail what is happening and the possible consequences that could have everything for the Barcelona, now that the jueza has admitted to formality the complaint.
The complaint of the Fiscalía against the Barça
The first that it is necessary to clear is of what accuses exactly to the Catalan group, according to the querella of the Fiscalía. "The Barça reached and kept a verbal agreement strictly confidential with the reported Enríquez Negreira, so that, in his quality of vice-president of the CTA and in return of money, made tending performances to favour to the Barcelona in the taking of decisions of the referees in the parties that contested the Club, and like this in the results of the competitions; referees whose designation for each party of the Spanish competitions officials of state field and professional carry out in the breast of the CTA", says the complaint, that finalises ensuring that there are indications of crime continued of corruption between individuals in the field deportivor, crime continued of disloyal administration and crime continued of falsity in mercantile document", by part of the entity in general and of Bartomeu, Rosell and the exdirectivos Òscar Grau and Albert Soler in particular.
This same week has known that the Fiscalía Anticorrupción goes to commission of all the case from now, by what all earns even more dimension if it fits. But going in to value in detail of what accuses to the FC Barcelona, fits to highlight that the crime appears in the article 286 bis 3 of the Penal Code, that prays the following: "it Punishes the facts when the purpose that pursues with these behaviours is to predetermine or alter of deliberate and fraudulent way the result of a professional sportive competition. In this case, what punishes are the sobornos that, to this end, are carried out by the following active subjects: members or collaborators of sportive entities, sporty, referees or judges".
Therefore, this would be of what accuses to the Barça and is by what would be punished in case that in the trial showed that the 7,3 million euros paid to the company of Negreira between 2001 and 2018, had like destination influence in the arbitrations to the culés of favourable form. Nevertheless, at present this follows very far to test in spite of the insistence of the anti barcelonistas.
Consequences in Spain if the Barça lost the trial
But, what would happen in case that the Fiscalía achieve solid proofs that show in front of a judge this presumptive case of corruption? In this hypothetical reality the Barcelona could be fined of conclusive form, the same that occurred in 2016 by the trial by the signing of Neymar Jr. In this occasion, the blaugrana had to pay a fine of 5,5 millions by fiscal crimes and can that in this the economic punishment was quite greater.
Unfortunately for all those that are wishing to see to the FC Barcelona fall, in this supposition, further of the fine, the club would not receive any another punishment to sportive level in Spain. The crime has prescribed, by what could not have administrative descent, neither could suspend the activities of the entity, neither neither there would be sanction of points or meetings in the national competitions.
The UEFA could leave to the Barça without playing Champions a year
But in Europe himself could be another 'sing' in case that the UEFA decide to take measures after having accepted the judge the complaint against the picture barcelonista. If the maximum organism of the European football decided that the implication of the culés in this case of corruption is sufficient to damage to the Champions League like competition, legally could leave was to the Barça of the tournament during the next campaign, until all solve for well or for bad.
The articles 4.02 and 4.03 are key in this supposition and say the following: "If, on the base of all the circumstances and the available information to the UEFA, the UEFA concludes to his whole satisfaction that a club has been direct and/or indirectly involved from the entrance in force of the article 50 (3) of the Statutes of the UEFA, that is to say, of 27 April 2007, in any activity headed to fix or influence in the result of a party to national or international level, the UEFA will declare that said club will not be able to participate in the competition. This inelegibilidad is effective only for a season of football".
Likewise, these articles leave clear that the organism directed by Ceferin can decide this without expecting a firm sentence: "When taking his decision, the UEFA can trust, but is not forced by a decision of a national sportive organism or international, referee's court or a state court. The UEFA can abstain to declare that a club can not participate in the competition if the UEFA is satisfied of the impact of the decision adopted in relation with the same circumstances in fact by a national sportive organism or international, referee's court or state court already has had the effect to avoid that the club participate in a competition of clubs of the UEFA".
The UEFA seems by the work to expect a resolution
Luckily, in the newspaper 'ACE' have ensured recently that the UEFA goes to expect to see if the Spanish justice shows clear evidences of the supposed culpability of the FC Barcelona before taking measures. The maximum organism of the European football is in direct contact with the Real Spanish Federation to be to the so much of everything , as it admitted Andreu Camps, general secretary of the RFEF. It fits to say that the term to be able to act that would have would be until 1 July, by what in the City Condal will not be able to relax of the all until then.
Besides, in the Catalan picture have to have very in account what go occurring with the Juventus of Turín. For the moment, the ones of Ceferin would have asked already the documents of the investigations to the 'bianconeri' by plusvalías fictitious in his signings, that already has involved him to the team a sanction of 15 points and to his hard leaders punishments. Although this is a very distinct case to the of the Barcelona, in the Camp Nou would have to have an eye put in what it decide to do the UEFA here, since if it left to the Juve out of Europe, the things could put very ugly for the culés.
It is necessary to remember the precedents of the UEFA in alike cases to the of the FC Barcelona in which the European organism himself finish going in to sanction. For example, it does some years left without playing in European competitions during two years (2013-2015) to the Fenerbahçe and to the Besiktas for having altered several parties in Turkey. In concrete, the UEFA sanctioned to the ones of yellow and black even before having a firm sentence, by what the group barcelonista himself runs danger.
The FIFA does not go to 'wet' by the moment
By against, the FIFA does not seem that it go to 'wet' in east wrap, by what in this sense the Barça can be something calmer. In his Disciplinary Code, the organism directed by Gianni Infantino leaves clear that in these subjects "the confederations, federations and other sportive organisations are responsible to investigate, process and sanction the behaviours kept in his respective jurisdictions".
But the same that it is necessary to highlight this, also is necessary to confirm that from the FIFA save a 'ace' under the sleeve to act. "The judicial organs of the FIFA reserve the right to investigate, process and sanction the grave infringements, in particular the cases of doping, manipulation of parties and racism, that recaigan in the field of application of this code and in the jurisdiction of the confederations, federations or other sportive organs, if they consider it adapted in a determinate case and if it has not undertaken a formal investigation in the corresponding confederation, federation or sportive organism in a term of 90 days from the moment in which the FIFA have proof of the infringement, or in case that the confederation, federation or sportive organism agree with the FIFA empower to this to occupy of the case", prays the Code.
The Barça is innocent until it show the contrary
From this 15 March, date in which the jueza Silvia López has admitted to formality the complaint, the 'Case Negreira' already is officially a worry for the FC Barcelona, that goes to defend his innocence to the end. In fact, the culés will be innocent of all the indictments until the Fiscalía show the contrary. And the reality is that it goes to be very difficult to show that the money paid by the Barça for real was to influence in the referees.
In the club have left very clear whenever they hired the services of Negreira to have referee's reports and also like services of observers. Already they have appeared the two first reports, but is for seeing if they appear more and especially what say all the witnesses and accused when it begin the process. From inside the Barcelona even have ensured that regarding 'take care' the relation with the referees, could have involved a lot of more teams, by what in the weeks to come and months could appear more information especially this.
The triumphs of the Barça are 'intocables'
Whatever happens of here to that it finish all this hell, the barcelonismo has to follow defending the honorabilidad of his club and, especially, of all his triumphs. The Barça of Pep Guardiola, the 'sextete' led by Leo Messi, Xavi Hernández or Andrés Iniesta, or the one of Luis Enrique, with the MSN compound by Messi, Neymar Jr and Luis Suárez, are two of the best teams of the history of the football and can not tolerate that it doubt of his victories. These groups won for being the best and those that better played and this is something that the history can show.