Sports Criminal Law: Match-Fixing, Doping and Violence
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listIn this article
lightbulbKey Takeaways
- check_circleMatch-fixing: Art. 286 bis Criminal Code
- check_circleDoping: Art. 362 quinquies Criminal Code
- check_circleCriminal and disciplinary tracks
- check_circleViolence and threats against athletes
Quick answer
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.
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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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