Judge Jose Perals also suggested that former Barcelona president Sandro Rosell should face a five-year sentence and the club fined €8.4m (£7.1m), the BBC reports.
However, he called for charges against current president Josep Maria Bartomeu to be dropped.
Barcelona have been engulfed in legal troubles over Neymar’s transfer since 2013, when Brazilian investment group DIS, who owned 40 per cent of Neymar’s transfer rights, alleged they received less money than they were entitled to for the transfer fee.
Rosell ended up resigning as the club’s president back in 2014 for his role in the affair and testified in court in February along with Bartomeu, Neymar and Neymar’s father.
The club struck a deal with prosecutors in June to settle a separate case, paid a €5.5m (£4.7m) fine and avoided trial on charges of tax evasion over the transfer.
They thought the case was brought to a close when it was archived in June, but Spain’s public prosecutor successfully overturned the ruling three months later – allowing the case to continue.