What consequences could Barça face due to the scandal of payments to Enríquez Negreira's company?
Demotion in category, in accordance with the Royal Decree on Sports Discipline (1591/1992), published in the BOE on February 19, 1993, could be one of them, as it is understood that this assumption forms part of the very serious infractions that they are included in its article 14. According to this article, “actions aimed at predetermining, through
price, intimidation or simple agreements
, the result of a test or competition” are considered very serious.
The club, in addition, could also be temporarily or permanently expelled from the professional competition.
However, the fact that the investigation is being carried out through
criminal proceedings right now blocks any administrative procedure
.
In the event that the case is archived in this way, the possibility of an administrative sanction being applied could finally be deactivated, in application of the 1995 law that establishes that serious infractions prescribe three years
.
A period that would start counting from the day after the last payment, which would have occurred in June 2018.
From a criminal point of view, meanwhile, the events that occurred could fit into section 4 of article 286 bis of the Penal Code, referring to "conducts whose purpose is to deliberately and fraudulently predetermine or alter the result of a test, sporting event or competition of special economic or sporting relevance" and whose active subject is both "managers, administrators, employees or collaborators of a sports entity" and "athletes, referees or judges".
In this case,
the punishment could include prison terms.
which would initially range from six months to four years, although they could be raised to six years if they are considered to be especially serious.
An assumption that could occur when considering with this qualification the events that occurred both in national professional competitions, the case at hand, and in international competitions.
In addition, not only natural persons are subject to penalties for this type of act.
In this case, both Enríquez Negreira's company, Dasnil 95 SL, and Barcelona itself could be sentenced, at least, to fines of between six months and five years.
To carry out the calculation of the amount,
both the benefits obtained and those that could have been obtained would be taken into account.
because of the facts investigated.
However, even more severe consequences could also be applied, such as, for example, the dissolution of the legal person involved, the suspension of its activities and the closure of its premises for a maximum of five years, the disqualification to obtain subsidies or aid or their judicial intervention to protect the rights of both their workers and their creditors.
According to the criteria of The Trust Project
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