Sports Criminal Law: Match-Fixing, Doping and Violence
In this article
Key Takeaways
- Match-fixing: Art. 286 bis Criminal Code
- Doping: Art. 362 quinquies Criminal Code
- Criminal and disciplinary tracks
- Violence and threats against athletes
Sports criminal law covers three sets of conduct. Match-fixing is prosecuted as private corruption (Art. 286 bis CP), with 6 months to 4 years in prison, a fine and professional disqualification of 1 to 6 years. Doping — administering or facilitating prohibited substances or methods — is an offence (Art. 362 quinquies CP) carrying 6 months to 2 years in prison, a fine and disqualification, and runs in parallel with the sports disciplinary track. Violence at sporting events may lead to assault offences (Art. 147 et seq. CP), and threats (Arts. 169-171 CP) or insults (Art. 208 CP) against referees and athletes are also actionable.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Professional sport moves large economic interests, which places it on the radar of the Criminal Code. As criminal lawyers in the sports field, we act on three sets of conduct: match-fixing, doping and violence.
Match-Fixing
Match-fixing is prosecuted as private corruption (Art. 286 bis Criminal Code): offering, promising or accepting a benefit to predetermine or alter the result of a competition. Penalties reach 6 months to 4 years in prison, a fine and professional disqualification of 1 to 6 years. Where a public official or public funds are involved, other offences may concur.
Doping in Sport
Administering or facilitating prohibited substances or methods to enhance performance is an offence (Art. 362 quinquies Criminal Code): 6 months to 2 years in prison, a 6 to 18-month fine and disqualification. This criminal track must be distinguished from the sports disciplinary track, which has its own rules and may run in parallel.
Violence and Threats
Violence at sporting events may lead to assault offences (Art. 147 et seq. Criminal Code), and threats (Art. 169-171 Criminal Code) or insults (Art. 208 Criminal Code) against referees and athletes on social media are also criminally actionable.
Defence Strategy
The defence examines the evidence (communications, financial movements, anti-doping controls and their chain of custody) and the correct classification of the facts, avoiding double punishment where a disciplinary sanction already exists for the same facts.
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Frequently asked questions
How is match-fixing punished?
As private corruption (Art. 286 bis CP): offering, promising or accepting a benefit to predetermine or alter the result. Penalties reach 6 months to 4 years in prison, a fine and professional disqualification of 1 to 6 years.
Is doping a crime in Spain?
Administering or facilitating prohibited substances or methods to enhance performance is an offence (Art. 362 quinquies CP): 6 months to 2 years in prison, a 6 to 18-month fine and disqualification.
Can the criminal and disciplinary tracks act at the same time?
Yes. The criminal track is independent of the sports disciplinary track, which has its own rules and can run in parallel over the same facts.
What offences cover violence and threats in sport?
Violence at sporting events may lead to assault offences (Art. 147 et seq. CP), and threats (Arts. 169-171 CP) or insults (Art. 208 CP) against referees and athletes, including on social media, are also criminally actionable.
How is the defence structured in these cases?
The evidence is examined (communications, financial movements, anti-doping controls and their chain of custody) and the correct classification of the facts, avoiding double punishment where a disciplinary sanction already exists for the same facts.
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in sports criminal law. We act urgently to protect your rights.