Sports Criminal Law: Match-Fixing, Doping and Violence

Professional sport moves large economic interests, which places it on the radar of the Penal 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 Penal 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 offenses may concur.

Doping in Sport

Administering or facilitating prohibited substances or methods to enhance performance is an offense (Art. 362 quinquies Penal 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 offenses (Art. 147 et seq. Penal Code), and threats (Art. 169-171 Penal Code) or insults (Art. 208 Penal Code) against referees and athletes on social media are also criminally actionable.

Defense Strategy

The defense 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.