The Fourth Section of the Controversial-Administrative Chamber has confirmed this Tuesday the punishment in Getafe of Closing of the Coliseum for a match imposed on him by the Royal Spanish Football Federation for violent incident recorded during the match played against Tenerife on June 24, 2017.
The House issued a new sentence in these facts by estimating last July an incident of annulment of the club and annulment of a previous decision, which confirmed the penalty, by verifying that due to an error Getafe is not considered a person, Therefore, he cannot oppose the appeal of the State Attorney’s Office.
The court explained that, once this deficiency is corrected, Getafe presented its letter of opposition in the appeal of the State Attorney’s Office where he denounced the violation of the principle ‘non bis in idem’ by understanding that it punished twicein disciplinary and administrative proceedings, for violent incidents.
With its decision, presented by Judge Pablo Lucas, the court has concluded “The State Attorney is right. and the decision of the lower court when issuing the violation of the principle ‘non bis in idem’ because, effectively, if the same facts gave rise to certain legal consequences, the reason is nothing more than the existence of two normative orders which simultaneously manages sporting events such as automotive events and caters to different foundations in what matters here.
The court exposes, on the one hand, the orders dealing with public order and security in the development of these events, which are applied by the Delegation of the Government in Madrid and which resulting in the imposition of two fines on Getafe. “One for the entry of the smoke canister was not prevented that ignited the match and the other, because the invasion of the playing field that happened at the end of the game.”
On the other hand, explained the Chamber, there are “rules of sports discipline”, collected in Disciplinary Code of the Royal Spanish Football Federation whose legal scope is found in articles 73 and compliance with Law 10/1990 and see “to the proper development of the parties.”
“Therefore, what happened at the Coliseum Alfonso Pérez on June 24, 2017 is effectively punishable by fines imposed by the Government Delegation in Madrid because of the real danger posed by perceived violent acts to persons and property and including sanction imposed by the competent body in matters of sports discipline -which, in the end, is the Administrative Court of Sports, since it is responsible for reviewing the decisions of the Appeal Committee- because of the drastic changes in the structure of the match that caused it to happen: the closing for a match at the Coliseum for the violation provided for in the also mentioned article 74.2 a) of the Disciplinary Code of the Royal Spanish Football Federation”, the magistrates emphasized.
The events subject to the sanction originate from June 24, 2017in the second leg of the second and last qualifying round for promotion to First disputed between Getafe and Tenerife. From the stands of the Coliseum, chants of ‘murderer, murderer’ were heard against Sergio Mora.
In that fight they also launched smoke cans from below is occupied by the most radical fans and prepared for turf invasion. Players and referee teams cannot reach the locker room tunnel. The Government Delegation and the Federation opened various investigations and ended at that time in a financial penalty and the closing of the stadium.
The match ended with a 3-1 result in favor of Getafe, who were promoted to First.
Source: La Verdad
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