By Which The Disciplinary System Established In Sport

Original Language Title: Por la cual se establece el régimen disciplinario en el deporte

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ACT 49 OF 1993

(March 4)

Official Journal No. 40,781 of 8 March 1993.

For which the Disciplinary Regime is established in Sport

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. disciplinary regime provided for in this Law is intended to preserve the ethics, principles, decorum and discipline that govern sports activity and at the same time ensure compliance with the rules of the game or competition and general sports rules.

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ARTICLE 2o. APPLICATION FIELD. The field of application of the disciplinary system in sport, for the purposes of this Law, extends to infringements of the rules of play or competition and general sports rules, as defined in Decree No 2845 of 1984, in This Law and the regulatory provisions of these rules and in the statutes of sports clubs, leagues, professional divisions and Colombian sports federations, in the case of activities or competitions of a national nature and international or affect athletes, leaders, technical, scientific, auxiliary and judging to participate in them.

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ARTICLE 3o. CONCEPTS OF INFRINGEMENT. The actions or omissions which, during the course of the game or competition, infringe, prevent or disturb their normal development and are infringements of the general rules of sport other actions or actions are infringements of the rules of the game or competition. omissions that are contrary to the provisions of those rules, in particular Decree 2845 of 1984 and those that regulate it.

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ARTICLE 4. DISCIPLINARY RESPONSIBILITY. The responsibility of the disciplinary action against those subjected to the disciplinary regime in sport is independent of the criminal, civil or administrative responsibility that such action may cause.

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ARTICLE 5o. SUBJECT TO THE DEFINITION OF THE OFFENCE AND THE DISCIPLINARY SANCTION. None of those subject to the disciplinary procedure may be punished for a fact which has not previously been defined as a disciplinary offence or subject to the sanction of such a disciplinary offence. nature that has not been set before the commission of the violation that is sanctioned.

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ARTICLE 6o. RIGHT TO DEFENCE. The procedure of instruction and resolution to be carried out by the Sports Courts, the National Court of Sport and the disciplinary authorities, shall be based on the principle of defence, of the defendant's hearing, favorability and contradiction of the test.

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ARTICLE 7o. DISCIPLINARY AUTHORITY. The disciplinary authority attributes to its legitimate owners the possibility of repressing or sanctioning those subjected to the disciplinary regime in sport, according to their respective competences.

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ARTICLE 8o. COMPETENCE TO APPLY THE DISCIPLINARY REGIME.

A. The disciplinary authorities shall be: arbitrators, chief judges, event directors, courts created for competitions or sporting events specified among others, and shall be aimed at ensuring the immediate application of the penalties for sporting offences committed, on the occasion of such events.

A.A. The sports tribunal of the clubs, which will be competent to know and to resolve on the faults of the members of the clubs (members of the administrative and control organs, athletes and affiliated contributors) in the first instance and only the faults committed by leaders and/or sportspersons at events or tournaments organized by the club prior to exhaustion of the procedure before the disciplinary authorities.

A.B. The Sports Tribunal of the leagues, which will be competent to know and resolve on the faults of the members of the leagues (members of the administrative and control organs, scientific, technical and judging staff), in the first place appeals against decisions of the sporting courts of the clubs, in the second instance, and of the faults committed by leaders, athletes, technical staff, scientists or judges at events or events, or tournaments organized by the league, in a single instance, prior to exhaustion of the procedure before the disciplinary authorities. Likewise, to deal and solve in a single instance the faults committed by the members of the sports courts of the affiliated clubs, ex officio or at the request of part.

BC The sports tribunal of the federations, which will be competent to know and resolve the faults of the members of the federations (members of the administrative and control organs, scientific, technical and judging staff) and of appeals filed against the decisions of the sports court of the leagues, in the second instance and of the faults committed by leaders, athletes, technical personnel, scientific or judging in events or organized tournaments by the Federation in a single instance, prior to exhaustion of the procedure before the authorities disciplinary. Likewise, to deal and to resolve in a single instance, the faults committed by the members of the sports courts of its affiliates, of trade or at the request of a party.

A.D. To the sports courts of the professional divisions on the clubs that participate in competitions of a professional character and on their managers or administrators, in the first instance.

A.E.

A.F. The disciplinary authorities will be appointed by the entity responsible for the event.

A.G. It is the function of the disciplinary authorities, to know and to resolve on the violations enshrined in the regulation of the contest and its sanctioning powers will be exercised only during the respective event.

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ARTICLE 9o. DISCIPLINARY REGIME OF THE FEDERATIONS AND OTHER SPORTS BODIES. The National Sports Federations, professional divisions, leagues and clubs, will issue a Disciplinary Code, dictated in the framework of this Law, in which they will have to Provide the following elements, obligatorily:

a. A standardized system of violations, in accordance with the rules of the corresponding sports modality, distinguishing them according to their gravity.

b. The principles and criteria which ensure the differentiation between the minor, serious and very serious nature of the infringements, the proportionality of the penalties applicable to them, the absence of double penalties for the same facts, the application of the of the favourable retroactive effect and the prohibition of penalties for non-criminal offences prior to the time of their commission.

c. A system of penalties corresponding to each of the offences, as well as the causes or circumstances that eximam, attenuates or tax the liability of the infringer and the extinction requirements of the latter.

d. The various disciplinary procedures for the processing and imposition of sanctions, where appropriate.

e. The system of sanctions against imposed sanctions.

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ARTICLE 10. CRITERIA FOR THE QUALIFICATION OF THE OFFENCES. The disciplinary offences shall be classified as minor, serious and very serious, in the light of their nature and effects on the modalities and circumstances of the event, the determining grounds and the the personal background of the offender, taking into account, inter alia, the following criteria:

a. The nature of the infringement and its effects shall be assessed in the light of scandal, bad example or injury.

b. The modalities or circumstances of the event shall be assessed in accordance with the degree of participation in the commission of the offence, the existence of aggravating or mitigating circumstances and the number of offences under investigation.

c. The determining motives shall be assessed according to whether they have been made by innoble or futile causes, or by nobles and altruists.

d. The infringer's background will be appreciated for his personal and professional conditions and for the category he holds in the organization to which he belongs.

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ARTICLE 11. VERY SERIOUS INFRINGEMENTS. They shall be considered, in any case, as very serious infringements of the rules of the game or competition or the general sporting rules, the following:

a. Abuse of authority

b. The breaches of sanctions imposed

c. Actions aimed at predetermining by price, intimidation or simple agreements, the result of a test or competition.

d. Falsification or adulteration of documents or impersonation of persons, to enable or participate in national or international competition.

e. The promotion, incitement or use of substances and methods prohibited in sport, such as 'Doping', as well as the refusal to undergo checks required by competent bodies and persons or any action or omission which prevents or disturbs the correct implementation of these controls.

f. The promotion, incitement or use of violence in sport.

g. Unassisted inattendance at the calls of national sports teams.

h. Participation in competitions organized by countries that promote racial discrimination or against athletes representing them.

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ARTICLE 12. VERY SERIOUS VIOLATIONS OF SPORTS LEADERS. They are considered to be very serious infringements of the presidents and other management members of the bodies of the Sports Federations and professional divisions, the following:

a. Failure to comply with General Assembly agreements, as well as electoral regulations and other statutory or regulatory provisions, in manifestly very serious cases.

b. The non-convocation, within the legal deadlines or conditions, in a systematic and repeated manner, of the federal collegiate bodies.

c. The non-execution of the resolutions of the National Court of Sport.

d. The incorrect use of private funds or aid and contributions from public funds.

e. The commitment of expenditure of the budget of the sports federations, without the due and regulatory authorization.

f. The organization of official sports activities or competitions of an international character, without due and regulatory authorization.

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ARTICLE 13. SERIOUS INFRINGEMENTS. In any case, serious infringements shall be:

a. Repeated failure to comply with orders and instructions issued by competent sports bodies.

b. The notorious and public acts that threaten the dignity and decorum of sports.

c. The exercise of public or private activities declared incompatible with the activity or sports function performed.

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ARTICLE 14. MINOR INFRACTIONS. It shall be considered as minor infringements of conduct clearly contrary to sporting standards which are not subject to the qualification of serious or very serious.

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ARTICLE 15. VERY SERIOUS INFRINGEMENTS IN PROFESSIONAL CLUBS. In addition to those set out in Articles 11 and 12 and those set out by the respective professional divisions, they are very serious specific infringements of the sports clubs of professional character and, where applicable, of its administrators or managers:

a. Failure to comply with the economic type agreements of the relevant professional division.

b. Failure to comply with the duties or commitments acquired with the State or with the athletes.

c. Failure to comply with the responsibility regimes of the members of the boards.

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ARTICLE 16. CIRCUMSTANCES THAT MITIGATE LIABILITY. They shall be considered as circumstances that mitigate liability, the following:

a. Having observed previous good behavior.

b. To have worked for noble or altruistic motives.

c. Having voluntarily confessed to the commission of the offence.

d. Having repented spontaneously for the offence committed.

e. He sought to avoid spontaneously the harmful effects of the offence before the disciplinary action was initiated.

f. He was induced to commit the offence by a technician, manager or scientific staff.

g. Have immediately proceeded to the infraction, an unfair and sufficient provocation.

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ARTICLE 17. CIRCUMSTANCES THAT AGGRAVATE RESPONSIBILITY. They are considered as circumstances that aggravate the responsibility, the following:

a. Having incurred within three (3) years prior to serious or very serious disciplinary offences which resulted in the extension of any sanction.

b. The reoffending in the commission of minor infractions, in the twelve (12) months immediately preceding.

c. He proceeded for innoble or futile motives.

d. He has pondered the infringement.

e. Having worked with the complicity of another person or other people.

f. Having committed the violation to execute or hide another.

g. The attempt to attribute to another or others the responsibility for the violation.

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ARTICLE 18. EXTINCTION OF DISCIPLINARY RESPONSIBILITY. They shall be considered, in any case, as causes of extinction of the sporting disciplinary responsibility, the death of the defendant, the dissolution of the club, league or sports federation, the compliance of the sanction, sanction, limitation of violations and penalties imposed.

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ARTICLE 19. CLASSES OF PENALTIES. The penalties applicable to the applicable sports courts shall be as follows:

a. Disqualification, suspension or deprivation of membership of the club, league, division or federation or of the federal license on a temporary or permanent basis, in appropriate proportion to the offences committed.

PARAGRAFO. In cases of non-compliance with the payment, suspension, revocation or expiration of the sports recognition, the challenge is automatic and does not require the knowledge of the court and also the challenge agreed by the assembly of the the body concerned which is settled by the management or administrative body.

b. The possibility for the corresponding disciplinary courts, to alter the result of encounter, trials or competitions because of predetermination by price, intimidation or simple agreements, of the result of the test or contest.

c. Those of an economic nature in cases where the athletes, judges, or arbitrators, technicians receive remuneration for their work, and shall never be higher than those established by the respective international sports federations, quantified in the disciplinary code of each federation, league, professional division or sports club.

d. The closing of the sports grounds, in this case, at the request of a party, the provisional suspension of the execution of the sanction until the final decision of the disciplinary record is produced.

e. The courts may impose, according to the seriousness of the fault, the penalties of suspension or loss of affiliation to the sporting bodies, modification of the result of the tests or events, public admonition, suspension that does not may be more than five (5) years, removal from office for leader, fall in category, fall in category or expulsion from the tournament for clubs with professional and/or amateur athletes.

PARAGRAFO. No sanctions may be imposed on faults that are not previously established in the disciplinary code and/or regulation of the tournament or event.

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ARTICLE 20. PENALTIES FOR MANAGERS. For the commission of the infringements listed in Article 12, the following penalties may be imposed:

a. Public admonition

b. Temporary suspension of two months to five years

c. Removal from office

PARAGRAFO. The athletes, technical, scientific or judging personnel, may be punished with the ordinals (a) and (b).

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ARTICLE 21. PENALTIES FOR PROFESSIONAL CLUBS. For the commission of the offences listed in Article 15, the following penalties may be imposed:

a. Warning

b. Economic sanctions

c. Category decrease

d. Expulsion, temporary or definitive of professional competition.

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ARTICLE 22. LIMITATION PERIODS. The shall be prescribed at three (3) years, two (2) or a year, in the case of very serious, serious or minor offences, beginning to be prescribed on the day following the day of the offence. commission of the infringement or from the moment when the knowledge of the infringement was taken.

It is interrupted by the notification in due form of the car that starts the disciplinary investigation, proposed by the sports court of the corresponding body and will start to count only once for the same term to that of the prescription.

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ARTICLE 23. PRESCRIPTION OF PENALTIES. The penalties shall be prescribed at three (3) years, two (2) or a year, in the case of those for very serious, serious or minor offences, beginning to count on the limitation period from the day following the one in which the resolution imposing the sanction is held, or since its compliance has been broken if it has begun.

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ARTICLE 24. PROVIDENCES EXECUTION. The providences are executed three (3) days after the notified, without the claims or resources filed against them, paralysing or suspending their execution. The penalties to be adopted in accordance with the procedure laid down in the ordinal d shall be exempted from this provision. Article 25.

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ARTICLE 25. CONDITIONS OF DISCIPLINARY PROCEEDINGS. These are general and minimum conditions for disciplinary proceedings:

a. Judges or arbitrators shall exercise disciplinary authority during the conduct of meetings or tests immediately, and in this case an appropriate system of subsequent complaints shall be provided for.

b. In the case of sports tests or competitions, the nature of which requires the immediate intervention of the disciplinary bodies to ensure the normal development of the disciplinary bodies, the procedural systems for combining the (a) the performance of those bodies with the processing of the hearing and the right to complain of the persons concerned.

c. The ordinary procedure applicable for the imposition of penalties for infringement of the rules of the game or the competition as well as to guarantee the processing of the audience of the interested parties and the right to interject resources.

d. The extraordinary procedure that will be dealt with for the penalties corresponding to the rest of the infractions, will conform to the principles and rules contained in Articles 33 to 48 of this Law and in the not specifically previewed to the Decree number 1 of 1984 and his reforms.

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ARTICLE 26. EVIDENTIARY VALUE OF THE MINUTES OR REPORTS OF THE JUDGES OR ARBITRATORS. The minutes and reports entered into by the judges or arbitrators of the meeting, test or competition shall constitute a necessary means of documentary in the whole of the evidence of breaches of the rules and sports rules.

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ARTICLE 27. REPORTING OF DISCIPLINARY OFFENCES CONSTITUTING A CRIME. Where in the course of the investigation it is established that the alleged sporting offence is a criminal offence, the investigator shall inform the investigator of the offence. competent authority, referring to the relevant evidence. In this case, the Sports Disciplinary Tribunals may agree to suspend the procedure according to the circumstances until the corresponding judicial decision is taken. In the event that the suspension of the procedure is agreed, precautionary measures may be taken by means of providence notified to all interested parties.

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ARTICLE 28. RESPONSIBILITY OF THE ORGANIZERS AND CLUBS PARTICIPATING IN SPORTS COMPETITIONS. The natural or legal persons who organize any sports test or competition, as well as the clubs participating in them, are subject to the (a) disciplinary action in sport and, where appropriate, responsible for the damage caused as a result of the disorders which may occur in the places of development of the competition, under the conditions and with the scope indicated by the international conventions on violence in sport signed by Colombia, regardless of other responsibilities of any type they may incur.

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ARTICLE 29. NATIONAL COURT OF SPORT.

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ARTICLE 30.

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ARTICLE 31. PROCESSING OF FILES BEFORE THE NATIONAL COURT OF SPORT.

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ARTICLE 32. INFRINGEMENTS BY MEMBERS OF THE NATIONAL COURT OF SPORT.

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ARTICLE 33. DISCIPLINARY ACTION. The Sports Courts will know, on their own initiative, or through complaint, disciplinary violations.

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ARTICLE 34. DISCIPLINARY ACTION. Known for the violations by the Disciplinary Tribunal, the Court shall have five (5) days to issue the providence in which the facts or omissions are recorded as to what the investigation and the investigation will be provisions of the Disciplinary Code which are deemed to be infringed.

The car will be personally notified to the alleged infringer within three (3) business days following, with the warning that it is not liable for any recourse.

If the personal notification in the address registered in the respective club, league, or federation cannot be fulfilled, a notice will be fixed in place visible at the seat of the sports body, where it will be prevented if it does not present within the five (5) days following the respective Court to receive the notification, a trade defender shall be appointed,

Due to the term mentioned in the previous paragraph, without the fact that the investigated person appears, an ombudsman will be appointed, with whom the procedure will be brought forward.

PARAGRAFO. The Club Sports Courts, Leagues, Divisions, Federations and National Court of Sport will form lists of persons who can be appointed ex officio defenders.

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ARTICLE 35. APPLICATION, DECREE AND PRACTICE OF EVIDENCE. The investigation shall have a term of five (5) days to request evidence and the Court of 15 (15) days to decree and practice the tests ordered on its own initiative or requested by the investigator.

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ARTICLE 36. TESTING MEDIA. They serve as means of proof: the affidavits, the documents, the indicia, the technical or scientific reports and any other that are useful for the information of the conviction of the Tribunal.

You may be heard in spontaneous exposure to the alleged offender, who, at the same time, will be permitted to file documents supporting your exposure.

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ARTICLE 37. TERM TO ALLEGE. Due to the probative term, the investigation, will have five (5) days to present its argument.

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ARTICLE 38. TERM TO FAIL. The Tribunal will have a term of five (5) days to fail.

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ARTICLE 39. FORMALITIES OF DECISIONS. The decisions of the sporting courts shall be taken by written decisions, shall at least be reasoned and shall be signed by their members, who are in agreement, who attended the meeting and by the Secretary. The disagreement must remain and in writing.

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ARTICLE 40. PERSONAL NOTIFICATION AND BY EDICT. The decision of the Tribunal shall be notified personally to the investigation and in the respective diligence shall be kept on record of the resources against it.

If you are unable to comply with the personal notification, an edict will be fixed in place of the respective court, with the insertion of the resolutive part of the providence, for the term of five (5) days.

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ARTICLE 41. NOTICE BY STATE. With the exception of the providences referred to in Articles 10 and 16, the others which are given within the disciplinary procedure shall be notified by State.

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ARTICLE 42. RESOURCES. Against the providence of the Disciplinary Tribunals that decide on the investigation, the replenishment and appeal resources come.

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ARTICLE 43. OPPORTUNITY AND PROCESSING OF THE REPLENISHMENT FACILITY. The replacement facility must be filed in writing in which the reasons underlying it are expressed, within three (3) days of notification of the judgment, the Court will have a five-day term to resolve it.

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ARTICLE 44. OPPORTUNITY AND FORM OF APPEAL. The appeal may be brought before the Court which imposed the sanction on the act of notification or in writing within five (5) days of the following and may be exercised directly or as a subsidiary of the replacement.

PARAGRAFO. It can be handled directly by the appellant or through the lower hierarchy body.

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ARTICLE 45. EFFECTS OF THE APPEAL. Within three (3) days of the appeal, the competent court shall grant it in the suspensory effect and forward the file to the relevant body.

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ARTICLE 46. TERM TO ADMIT THE APPEAL. Received the file by the Court of second instance, this one, within the five (5) days following, will rule on the admissibility of the appeal.

Against the auto that denies it, you can get in the replenishment facility, which will be resolved outright.

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ARTICLE 47. PROCEEDINGS OF THE APPEAL. Admitted to the appeal, the competent court shall have at the end of ten (10) days to challenge and to practise evidence which they have obtained; requested by the appellant or ex officio in the order of the appeal.

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ARTICLE 48. DECISION. Due to the evidence or probative term, the Tribunal shall have ten (10) days to issue the corresponding judgment, which shall be notified in the manner provided for in Article 34 of this Law.

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ARTICLE 49. FUNCTIONS OF THE NATIONAL COURT OF SPORT.

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ARTICLE 50. The Sports Tribunes of the Clubs, Leagues and Federations shall be composed of three (3) members chosen for periods of four (4) years as follows: two (2) by the management organ and one (1) by the administrative body. They must appoint a secretary.

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