These are the crimes that the prosecutor’s office charges each of those denounced for the ‘Negreira case’ of alleged corruption in which FC Barcelona is implicated, two ex-presidents of the club, Sandro Rosell and Josep Maria Bartomeu; two former Barça executives, Oscar Grau and Albert Solerand the one who was vice-president of the Technical Committee of Referees (CTA) José María Enríquez negreira. The crimes charged are not the same for all and range from corruption between individuals in the sports field, to unfair administration and false commercial documents. The penalties in the event that the process reaches trial would be a maximum of up to 10 years in prison. Barça could be fined or suspended from activities for a few years, although neither party believes that this last extreme can be reached. The prosecution requests that the highest penalties of the applicable range be imposed.
The crimes are these:
A continuous crime of corruption between individuals in the sports field: It punishes the director, administrator, employee or collaborator of a company that, “by himself or through an intermediary, receives, requests or accepts an unjustified benefit or advantage” or “offer or promise to obtain it”. The expected penalty is from six months to four years in prison, disqualification and a fine. The same sentence can be brought against anyone who “promises, offers or grants managers” a benefit or “unjustified advantage”.
This precept of the Criminal Code is applicable to executives of a sports entity, as well as to athletes and referees or judges in conduct whose purpose is to predetermine or alter “deliberately and fraudulently the result of a test, match or competition” of “special economic or sporting relevance”. In this specific case, a precept that aggravates the penalty is also applied because it has been committed in an official sports competition at state level qualified as professional or in an international sports competition.
Crime of forgery in a commercial document: The Penal Code punishes the crime of forgery that the prosecution charges (392.1) with prison terms of six months to three years and a fine for those who commit it in a public, official or commercial document. Of course, provided that a document is altered in any of its essential elements or requirements and is simulated so that it misleads its authenticity, among other aspects.
Unfair administration crime: The Penal Code considers guilty of this crime anyone who “having powers to administer another’s assets” violates them by exceeding the exercise of them and, in this way, causes damage to the managed assets” (FC Barcelona). The penalty is six months to three years in prison.
These are the possible penalties:
Jose Enriquez Negreira: It is attributed a continuous crime of corruption between individuals in the sports field and another continued crime of falsifying a commercial document. Up to 7 years in prison.
Josep Maria Bartomeu: The same as Negreira. He is attributed the crime of corruption between individuals in the sports field, falsehood and unfair administration. Up to 10 years in prison.
Sandro Rosell: The accusation attributes corruption between individuals in the sports field and unfair administration. Up to 7 years in prison.
Oscar Grau: corruption between individuals in the sports field, unfair administration and documentary falsification. Up to 10 years in prison.
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Albert Soler: corruption between individuals in the sports field, unfair administration and documentary falsification. Up to 10 years in prison.
FC Barcelona: As a legal person, he is charged with the crime of corruption between individuals in the sports field. A legal entity is criminally responsible when the crimes are committed on its behalf or in its name, by its legal representatives and administrators. They can be fined and even dissolved, losing their rights. Or the suspension of the company’s activities for a period not exceeding five years. From the outset, it is not in the thinking of the prosecution to go to such an extreme.