LAW 49 OF 1993
Official Gazette No. 40,781, dated 8 March 1993.
Whereby the RDD is set in Sport
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THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. OBJECT OF DISCIPLINARY REGIME. The disciplinary regime provided in this Act, aims to preserve the ethics, principles, decorum and discipline governing sports activity while ensuring compliance with the rules of the game or competition and general sporting rules.
. SCOPE. The scope of the disciplinary system in sport, for the purposes of this Act extends to infringements of the rules of the game or competition and sports general rules, codified in Decree No. 2845 of 1984 in this Law and the regulatory provisions of these rules and the statutes of sports clubs, leagues, professional divisions and Colombian sports federations, in the case of activities or competitions of national and international character or affect athletes, managers, technical, scientific, assistant judging participating therein.
ARTICLE 3. CONCEPTS OF VIOLATION. They are violations of the rules or competitive actions or omissions that during the course of the game or competition, violate, prevent or disrupt their normal development and are violations sports general rules other actions or omissions that are contrary to the provisions by those rules, particularly Decree 2845 of 1984 and regulating it.
ARTICLE 4. DISCIPLINARY LIABILITY. The liability arising from disciplinary action against those subject to disciplinary regime in the sport, is independent of criminal, civil or administrative liability that such action may cause.
The 5th ITEM. PREVIOUS DEFINITION OF OFFENSE AND DISCIPLINARY SANCTION. None of those subject to disciplinary regime may be punished for an act that has not been previously defined as a disciplinary offense, or subjected to sanctions of this nature that has not been established by previous provisions to the commission of the offense punishable.
ARTICLE 6o. RIGHT TO DEFENSE. The process of investigation and resolution that should advance the Sports Court, the National Court of Sport and disciplinary bodies, will be based on the principle of defense, hearing the accused, favorability and contradiction of the test.
ARTICLE 7. DISCIPLINARY AUTHORITY. Disciplinary authority attributes to their rightful owners the ability to repress or punish those subject to disciplinary rules in sport, according to their respective powers.
Article 8. COMPETENCE TO IMPLEMENT THE DISCIPLINARY SYSTEM.
A. Disciplinary authorities are: referees, judges, heads of discipline, event managers, tribunals created for competitions or sporting events specified among others, and will aim to ensure the immediate application of sanctions to sports fouls committed, during the aforementioned events .
AA The sports court of the clubs, which shall have jurisdiction to hear and resolve the faults of members of clubs (members of management and control bodies, athletes and members taxpayers) in the first instance and only instance faults committed by leaders and / or sports events or tournaments organized by the club prior exhaustion of the proceedings before the disciplinary authorities.
AB Deportivo Court leagues, which is competent to hear and decide on the faults of the members of the leagues (members of the administrative and control, scientific, technical and prosecution), in the first instance and the appeals lodged against decisions of sports tribunals clubs, in the second instance and offenses committed by officials, athletes, technical, scientific or judging at events or tournaments organized by the league, in one instance, prior exhaustion of the proceedings before the disciplinary authorities. Similarly, process and resolve in a single instance of misconduct by members of sports clubs affiliated courts, ex officio or upon request.
AC The sports federations court, which is competent to hear and decide on the faults of member federations (members of the administrative and control, scientific, technical and prosecution) and resources appeals against decisions of the sports tribunal leagues, in the second instance and offenses committed by officials, athletes, technical, scientific or judging at events or tournaments organized by the Federation in a single instance, prior exhaustion of the proceedings before the disciplinary authorities. Similarly, process and resolve in a single instance, offenses committed by members of the sports courts of their members, ex officio or upon request.
Sports courts AD A professional divisions on clubs participating in competitions of a professional nature and its officers or directors, in the first instance. AE
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AF Disciplinary authorities will be designated by the entity responsible for the event.
AG is based on the disciplinary authorities, hear and resolve enshrined in the rules of the contest and breaches sanctioning powers shall be exercised solely for the respective event. Effective Notes
Article 9. DISCIPLINARY REGIME OTHER federations and sporting bodies. National Sports Federations, professional divisions, leagues and clubs, issued a Disciplinary Code, adopted in the context of this Law, which shall provide obligatorily the following:
a. A system of offenses punishable in accordance with the rules of the relevant sport, distinguishing them according to their severity.
B. The principles and criteria which ensure differentiation between minor, serious and very serious infringements character, the proportionality of the sanctions applicable to them, the absence of double punishment for the same facts, the application of favorable retroactive effect and ban sanction for offenses not criminalized before the moment of commission thereof.
C. A system corresponding to each of the infringements, as well as the causes or circumstances which exempt, mitigate or graven offender accountability and requirements of extinction of the latter.
D. The various disciplinary procedures for handling and enforcement, where appropriate, penalties.
E. The system of appeals against the sanctions imposed.
ARTICLE 10. Criteria for categorization of offenses. Disciplinary offenses are classified as minor, serious and very serious, in view of their nature and effect to the terms and circumstances of the fact, the determining motives and personal history of the offender, taking into account, inter alia, the following criteria:
a. The nature of the infringement and its effects have occurred appreciated by scandal, bad example or caused injury.
B. The conditions or circumstances will appreciate the fact according to the degree of participation in the commission of the offense, the existence of aggravating or mitigating circumstances and the number of offenses under investigation.
C. The determining motives appreciate as ignoble or has acted for futile reasons, or for noble and altruistic.
D. The background of the offender will be appreciated for their personal and professional conditions and the category that holds in the organization to which he belongs.
very serious infringements. They shall in any case as very serious breaches of the rules of the game or competition or general sporting rules, the following:
a. Abuses of authority
b. Breaches of sanctions
c. The actions aimed at predetermining by price, intimidation or simple agreements, the outcome of an event or competition.
D. Counterfeit or adulterated documents or impersonating people, to enable or participate in national or international competition.
E. The promotion, encouragement or use of prohibited substances and in sports, as the "Doping" and the negative methods to submit to the controls required by bodies and persons or any act or omission that prevents or disrupts the proper conduct of such controls .
F. The promotion, encouragement or use of violence in sport.
G. The unexcused absence to calls for national sports teams.
H. Participation in competitions organized by countries that promote racial discrimination or athletes representing them. Effective Notes
very serious breaches of sports leaders. Are considered very serious infringements of presidents and other members of management bodies Sports Federations and professional divisions, the following:
a. Failure to comply with the resolutions of the General Assembly and electoral regulations and other statutory or regulatory provisions, manifestly very serious cases.
B. The non-call in the terms or legal, systematically and repeatedly, the federative collegiate bodies.
C. The non-execution of the resolutions of the National Tribunal of Sport.
D. Incorrect use of private funds or aid and contributions of public funds.
E. The commitment of budget expenditures sports federations, without proper and regulatory approval.
F. Organizing sports activities or official international competitions, without proper and regulatory approval.
serious offenses. They shall in all cases serious infringements:
a. Repeated failure to orders and instructions issued by relevant sporting bodies.
B. The notorious and public acts that violate the dignity and decorum sports.
C. The exercise of public or private activities declared incompatible with the activity or played sports function.
Article 14. Minor offenses. a minor nature is considered the behavior clearly contrary to sporting rules that are not incursas in qualifying indictable.
ARTICLE 15. VIOLATIONS IN VERY SERIOUS professional clubs. In addition to those set out in Articles 11 and 12 and those established by the respective professional divisions, are very serious specific breaches of professional sports clubs in nature and, where applicable, its directors or managers:
to . Failure to comply with the agreements of economic nature of the occupational Division.
B. The breach of duties or commitments with the State or with athletes.
C. Failure liability regimes of members of the boards.
ARTICLE 16. CIRCUMSTANCES LIABILITY attenuates. They are regarded as attenuating circumstances responsibility, the following:
a. Having seen previous good behavior.
B. Having done by noble or altruistic reasons.
C. He is having voluntarily confessed to the commission of the offense.
D. The repenting spontaneously by the offense.
E. Having tried spontaneously avoid the harmful effects of the infringement, before initiating disciplinary action.
F. It is having been induced to commit the offense for technical, managerial and scientific personnel.
G. Having proceeded immediately to the infringement, unfair and sufficient provocation.
ARTICLE 17. LIABILITY aggravating circumstances. They are considered as circumstances aggravating responsibility, the following:
a. Having incurred within three (3) years in serious or very serious disciplinary infractions that would give rise to the expansion of any sanction.
B. Backsliding in the commission of minor offenses, within twelve (12) months immediately preceding.
C. Having proceeded by ignoble or frivolous reasons.
D. Having prepared the infringement ponderously.
E. He is having acted with the complicity of another or others.
F. Having committed the offense to run or hide another.
G. Having tried to attribute to another or others responsible for the infringement.
ARTICLE 18. TERMINATION OF DISCIPLINARY LIABILITY. They shall in any event, as causes of extinction of sports disciplinary responsibility, the death of the accused, the dissolution of the club, league or sports federation, compliance with the sanction, punishment, prescribing offenses and penalties imposed.
ARTICLE 19. CLASSES OF SANCTIONS. The sanctions subject to application by the relevant sports courts, are as follows:
a. Disbarment, suspension or withdrawal of membership of the club, league, division or Federation or the federal license temporarily or permanently, in appropriate proportion to the offenses committed.
PARÁGRAFO. In cases of failure to pay, suspension, revocation or expiration of sports recognition, the disaffiliation is automatic and does not require knowledge of the court and also the disaffiliation agreed by the assembly of the body concerned which is determined by the management body or administration .
B. The possibility for appropriate disciplinary tribunals, to alter the outcome of meeting, tests or competitions because of predetermination by price, intimidation or simple agreements, the outcome of the test or competition.
C. The economic in nature where athletes, judges or referees, coaches perceive remuneration for their work, and will never be higher than those established by the respective international sports federations, but shall include quantified in the disciplinary code of each federation, league, professional division or sports club.
D. Closing the sports arena, which could provide, in this case, at the request of a party, the provisional suspension of the execution of the penalty until the final decision of the disciplinary proceedings occur.
E. Sports courts may impose according to the seriousness of the offense, the penalties of suspension or loss of membership sports bodies, modification of test results or events, public reprimand, suspension shall not exceed five (5 ) years for leader removal from office, demotion, demotion or expulsion from the tournament for clubs with professional athletes and / or fans.
PARÁGRAFO. They may not impose penalties on offenses which are not previously established in the disciplinary code and / or regulation of the tournament or event.
ARTICLE 20. SANCTIONS
MANAGERS. For the commission of the offenses listed in Article twelve may impose the following sanctions:
a. Public Reprimand
b. Temporary suspension of two months to five years
PARÁGRAFO removal from office. For the athletes, technical, scientific or trial, you may be penalized by ordinals a) and b).
ARTICLE 21. PENALTIES FOR PROFESSIONAL CLUBS. For the commission of the offenses listed in Article 15 shall be imposed the following penalties:
Warning b. Economic sanctions
d. Removal, temporary or permanent professional competition.
ARTICLE 22. PRESCRIPTION OF VIOLATIONS. The sanctions barred after three (3) years, two (2) or a year, depending on whether the corresponding to very serious, serious or minor infringements, beginning itself to count the limitation period the day after the commission of the offense or from the time this knowledge is had.
Is interrupted with the notification in due form of self that begins the disciplinary investigation, issued by the sports tribunal of the appropriate agency and start counting once for the same period the prescription.
ARTICLE 23. PRESCRIPTION OF SANCTIONS. The sanctions barred after three (3) years, two (2) or a year, depending on whether the corresponding to very serious, serious or minor infringements, beginning itself to count the limitation period from the day following that on which become final resolution by which the sanction was imposed, or since its fulfillment should break if this had commenced.
ARTICLE 24. IMPLEMENTING OF JUDGMENTS. The orders are executory three (3) days after reported without claims or actions brought against them, cease or suspend their execution. Exempted from this provision sanctions to be adopted under the procedure provided for in paragraph d. Article 25
ARTICLE 25. CONDITIONS OF DISCIPLINE PROCEDURES. They are general and minimum conditions of the following disciplinary procedures:
a. The judges or arbitrators shall exercise disciplinary authority over the development of the meetings or tests, immediately, having to provide for an adequate subsequent claims system, in this case.
B. In tests or sporting events, whose nature requires the immediate intervention of the disciplinary to ensure the normal development of these organs, they must be procedural systems to combine the peremptory action of those bodies with the hearing procedure and the right to claim stakeholders.
C. The ordinary procedure applicable to the imposition of penalties for violation of the rules of the game or competition and ensure the oral hearing of the parties concerned and the right of appeal.
D. The extraordinary procedure processed for penalties for the other offenses, shall comply with the principles and rules contained in Articles 33 to 48 of this Act and not specifically foreseen in the Decree No. 1 of 1984 and its amendments.
ARTICLE 26. EVIDENCE VALUE OF MINUTES OR REPORTS OF JUDGES OR REFEREE. The records and reports signed by the judges or referees of the match, event or competition will constitute half the necessary documentary proof set of rule infractions and sporting rules.
ARTICLE 27. DISCIPLINARY BREACHES REPORTING constitute a crime. When in the course of the investigation it is established that the alleged infringement sporting character were of an offense, the investigator must inform the competent authority, forwarding the evidence concerned. In this case the Sports Disciplinary Court may agree the suspension of the process according to the circumstances until entrusted with the corresponding judicial decision. In the circumstances in which the suspension of the procedure will be agreed, precautionary measures may be taken by providence notified to all interested parties.
ARTICLE 28. RESPONSIBILITY OF ORGANIZERS AND PARTICIPANTS IN COMPETITIONS SPORTING CLUBS. Natural or legal persons organizing any test or sports competition and participants in these clubs, are subject to disciplinary rules in sport and be responsible, where appropriate, for damages caused as a result of disorders that may occur in the places of the competition, under the conditions and to the extent that said international conventions on violence in sport signed by Colombia, irrespective of other responsibilities of any kind which may be incurred.
ARTICLE 29. NATIONAL COURT OF SPORT. Effective Jurisprudence
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ARTICLE 31. HANDLING OF NATIONAL COURT RECORDS TO THE SPORT. Effective Jurisprudence
ARTICLE 32. VIOLATIONS OF MEMBERS OF THE NATIONAL COURT OF SPORT. Effective Jurisprudence
ARTICLE 33. START OF DISCIPLINARY ACTION. The Sports Courts know, ex officio, or by complaint, disciplinary offenses.
ARTICLE 34. PROCESSING OF DISCIPLINARY ACTION. Known breaches by the Disciplinary Tribunal shall have five (5) days in issuing the order in which the acts or omissions on which will rest research and Disciplinary Code provisions deemed violated are consigned.
The car personally notify the alleged offender within three (3) working days, with the warning that is not subject to appeal.
If personal notification is unable to be fulfilled in the address registered in the respective club, league or federation, a notice will be fixed in a visible place at the headquarters of the sporting body, where it will prevent if not presented within following the respective Tribunal to receive notice five (5) days, will be appointed a public defender,
expiration of the period specified in the preceding paragraph without the investigation to appear, will be appointed a public defender with who will advance the procedure.
PARÁGRAFO. The Courts Sports Clubs, leagues, divisions, Federations and National Sports Tribunal form lists of people who may be appointed public defenders. Effective Jurisprudence
APPLICATION ARTICLE 35. DECREE AND PRACTICE TEST. The investigation have a term of five (5) days to request evidence and the Court of fifteen (15) days to enact and practice tests ordered ex officio or requested by the investigator.
ARTICLE 36. EVIDENCE. They serve as evidence: The sworn statements, documents, evidence, technical or scientific reports and any others that are useful for information convincing the Tribunal.
May be heard in spontaneous exposure to the alleged offender, who, on the same occasion, will be allowed to bring you near documents supporting their exposure.
ARTICLE 37. TERM FOR CLAIMED. Once the term evidence, the investigation, will have five (5) days to present his case.
ARTICLE 38. TERM FOR FAILING. The Court shall have a term of five (5) days to utter failure.
FORMALITIES ARTICLE 39. DECISIONS. The decisions of sports tribunals be adopted by written resolutions, they were motivated at least in summary form and shall be signed by its members, who agree, who attended the meeting and the Secretary. The disagreement must be submitted in writing.
ARTICLE 40. NOTIFICATION AND PERSONAL EDICT. The Court's decision shall be notified personally researched and diligence in the respective record of resources that come against her be left.
If unable to comply with the personal notification, an edict be fixed in a visible place of the respective court, with insertion of the operative part of providence, for the term of five (5) days.
ARTICLE 41. NOTIFICATION BY STATE. With the exception of the measures referred to Articles 10 and 16, the other to be issued in the disciplinary procedure shall be notified by the State. Effective Notes
ARTICLE 42. RESOURCES. Against the decision of the disciplinary tribunals that decide on research, the remedies of reconsideration and appeal.
OPPORTUNITY AND PROCEEDINGS of the appeal. The administrative appeal must be lodged in writing the reasons that support it are expressed, within three (3) days following notification of the judgment day, the Court shall have a term of five days to resolve.
OPPORTUNITY AND FORM OF APPEAL. The appeal may be brought before the Court imposed the penalty on the spot or written notification within five (5) days and may be exercised directly or as a subsidiary of replenishment.
PARÁGRAFO. It will be processed directly by the applicant or through the agency of lower rank.
ARTICLE 45. EFFECTS OF REMEDY. Within three (3) days following the filing of the appeal days, the competent court will grant a temporary stay and send the file to the respective agency.
ARTICLE 46. TERM FOR admissible. Received the file by the Court of second instance, this, within five (5) days, decide on admissibility.
Against the order that denies may be brought to administrative appeal, which shall be determined plane.
ARTICLE 47. PROCESSING OF APPEAL. The action is upheld the competent court shall have a term of ten (10) days to challenge and practice tests as may be appropriate; requested by the appellant or officially decreed in the car that supports resource.
ARTICLE 48. DECISION. Once the term probationary or practiced tests, the Court shall have ten (10) days to issue the corresponding decision, which shall be notified in the manner provided in Article 34 of this Law.
ARTICLE 49. FUNCTIONS OF THE NATIONAL COURT OF SPORT. Effective Jurisprudence
courts Sports Clubs, leagues and federations shall be composed of three (3) elected for four (4) years and members: two (2) by the governing body and one (1) the management body. They shall appoint a secretary.