Valverde’s punch to Baena has brought many questions to the world of football. Jorge Vaquero, who was a legal advisor to the Spanish Football Federation and FIFA, and who now heads the V Sports Legal Firm, tries to shed light on all the unknowns that have arisen. From the possibility that the Competition enters to analyze the aggression and the type of sanctions, both criminal and sporting, to what articles must be used for the difficult fitting of an incident that took place in the Santiago Bernabéu parking lot and not on the field .
Is it possible that Valverde is sanctioned from sports?
Possible it is, without a doubt. Everything will depend to a large extent on whether or not the Competition Committee receives a reasoned complaint because it is not usually entered ex officio.
If neither Villarreal nor the player denounce the Competition, could Anti-Violence ask that the Competition sanction him from sports?
Anti-violence does not have the power to require sports federations to initiate disciplinary proceedings. However, the CSD has recognized this power. Therefore, to the extent that the Commission acts on its own initiative or at the request, precisely, of the CSD, it could urge the Federation to initiate a procedure for such facts.
What type of penalty is Valverde exposed to?
Economic, sports and even criminal, depending on the body that assumes the knowledge and resolution of the case. Sanctions if Article 94 is applied are usually between one month and two years. On the other hand, in article 69 they are not indicated so that there is freedom of action.
Let’s put the scalpel in the Disciplinary Code and its sanctions. What are those articles 69 and 94?
Well, they are articles that regulate similar events, although with notable differences, especially in the degree of seriousness of the action. Article 69, entitled “Violent, racist, xenophobic and intolerant acts and conduct in football”, is aimed at punishing violent conduct, such as active participation in altercations, brawls, fights or public disorder in sports venues. A description that is quite consistent with the facts analyzed. In relation to article 94 of the Disciplinary Code, this norm is used when it comes to prosecuting and, where appropriate, sanctioning notorious and public acts that violate sporting dignity and decorum. Nothing is said about what is meant by this type of act and whether aggressive or violent behavior can be framed within that concept. It is one of the so-called indeterminate legal concepts, the determination of which may vary according to the circumstances of the case and according to the prosecuting body. The reality of said article is that it is usually used to penalize disrespectful gestures or statements against referees, managers, sports entities or the public, but not for physical attacks, although there have been cases.
Article 103 is also discussed.
Number 103 refers to attacks that occur on the pitch, which would suggest that it is not applicable, but there are precedents for its use. In the 2009-10 season, Antonio Notario, an Albacete player, was penalized for four games for attacking a rival in the locker room tunnel. It was penalized based on article 98.1, which coincides in the text with the current 103. On that occasion, in the absence of an article that provided for attacks disconnected from the game itself, said article was applied. The changing room tunnel is perfectly assimilable to the stadium car park.
Yes, it has been denounced through criminal proceedings. In this area, what sanction is Valverde exposed to and what consequences can he have?
It depends on the specific circumstances of the case and, above all, on the damage that, if any, the attacked player may have suffered, if he has suffered any damage. The current Penal Code penalizes these acts in which there is no medical or surgical treatment to heal the damage with a fine of 1 to 2 months. If there is an injury, from 1 to 3 months.
If that sports procedure is started, how long does a process like this usually take?
This is a procedure of an extraordinary nature that usually entails longer resolution times. Each case is different. It will depend on the number of tests, if there are testimonies, etc. But a reasonable term would be between 2 months and 5 months. However, as the media have reflected, the player allegedly attacked would have filed a complaint. As the matter is found, therefore, in criminal proceedings, it is very likely that in sports proceedings, if a file were initiated, which is already doubtful, it would be suspended in attention to the priority and preference of the criminal jurisdictional order.
If he is sanctioned by criminal means, can he no longer be sanctioned by sports? Or can there be both types?
It could be the case of imposing sanctions in both areas (criminal and sports) in attention to the different legal right protected in both spheres. Because while the criminal seeks to protect the physical integrity of all citizens and reprimand behaviors that affect it, the sports sphere is based on the integrity of the competitions. In the need to banish this type of unsportsmanlike conduct and the obligation to penalize those responsible for it, so that, on the one hand, it serves as an example to the rest of the competitors so that such conduct does not proliferate by damaging the image of the sport. And, on the other hand, that the integrity of the competition is not affected by the participation of whoever turned out to be responsible for an act deserving of the reproach of the sports community. But I reiterate, this scenario is improbable since the matter is in the hands of criminal justice and the more than probable suspension of the procedure in sports courts, if it is initiated.
But would the sports process be temporarily suspended or forever?
It could be resumed, yes. It is temporary until the criminal resolution is known.
