The real Madrid may finally appear as a private prosecution in the Negreira Case. This has been decided by the judge of Barcelona who is instructing the case considering that the white club “as a participant in the sports competition is the owner of the sports legal right.” The order argues that “the incidents investigated refer to certain actions by people linked to FC Barcelona tending to favor said Club in the referees’ decision-making and, thus, in the results of the competition. AND, In the case of a crime of mere activity in which the offer or request for this purpose is sufficient for the crime to be consummated, it is not necessary that the intended results have been produced to injure the protected legal right.”.
“It is indifferent that the organization of the competition corresponds to LaLiga since Any Club that participates in it has a direct interest in ensuring that no acts of any kind occur that involve sporting manipulation. in such a way that the illegal alteration of the result of the competition can be produced and that suppose a bankruptcy to the principle of trust and integrity that governs the competition. (…) Any team that is part of the competition in which said actions or omissions have allegedly occurred is harmed. as the owner of the legal right that is sports integrity ”, the letter continues.
In the same way, the judge has rejected the appearance of the Higher Sports Council “given that does not have the concept of direct victim of the crime (…) as popular accusation since it only allows this condition to public administrations when there is express legal authorization for the criminal sphere, which does not exist in the present case”.
The Prosecutor’s Office, LaLiga and the RFEF had positioned themselves in favor of the appearance of Real Madrid in the case, while Barcelona and its former presidents Josep María Bartomeu and Sandro Rosell had done so against it. Bartomeu argued before the judge instructing the case, the lack of legitimacy of the Madrid club, which has not argued “the slightest indication of harm.” Rosel for his part claimed that Madrid did not suffer “equity damage” and that it is not an “entity that manages any sports competition.”