Creates A New Regime Of Criminal Responsibility For Behaviour Likely To Affect The Truth, Loyalty And The Correction Of The Competition And Result In Your Sports Activity.

Original Language Title: Cria um novo regime de responsabilidade penal por comportamentos susceptíveis de afectar a verdade, a lealdade e a correcção da competição e do seu resultado na actividade desportiva.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427162444d794d4331594c6d527659773d3d&fich=pjl320-X.doc&Inline=false

1 DRAFT law No. 320/X fight against corruption and the truth the sports phenomenon cultivates his sports today in Portuguese society an undisputed place of prominence and would draw upon them the interest and attracting crowds. The fight against corruption in sport is therefore increasingly a requirement in response to facts and behaviors that offend by deceit against the truth and fair competition, distorting the sporting result. Fight corruption and defend the truth as sporting an obvious fundamental public interest in promoting what prevention policies must be developed and taken firm and effective measures of repression. Repression of typification of illegal behaviors and attitudes objective and subjective discrimination punishable by agents of the same illicit practice. The present Bill seeks, on the one hand to clarify the types of crimes, on the other the aggravation of criminal practice frames of these crimes, in line with the evolution of the General rules contained in the criminal code, and, in an innovative manner, create new criminal types, blaming the clubs and sports associations and criminalizing the offers and the receipts of asset or non-pecuniary advantages that are unethical. Thus, in accordance with the rules and applicable constitutional standards, the undersigned Members of the PSD parliamentary group presents the following draft law: article 1 (concepts) for the purposes of this Decree-Law: a) sports Practitioner – those who, individually or as part of a set, participates in sports competition;

2 b) Sports Club – legal person, established in the form of a non-profit association that has as its object the practice of sports and participation in sports competitions; c) sports Society – legal person, established in the form of a public limited company, purpose of which is the promotion and organization of sports shows and participating in sports competitions; d) Sports Association-legal person, established in the form of a non-profit association, encompassing clubs or sports societies, professional leagues, if any, practitioners, technicians and judges of a certain mode or set of related procedures; e) Professional League – legal person, established in the form of a non-profit association, necessarily through integrated sports societies that play sports competitions; f) sporting competition – organized and regulated sporting activity for sport or professional association.

Article 2 (passive corruption of practitioner) 1. Who, as a sports practitioner, by themselves or through an intermediary, with your consent or ratification, solicit or accept, for themselves or for third parties, without his due, patrimonial or non-patrimonial advantage, or the promise to your act or omission intended to alter or distort the outcome of a sporting competition, even if previously that request or acceptance , is punished with imprisonment of six months to five years. 2. If the agent, before the practice of fact, voluntarily reject the offer or the promise that accept or return the advantage or, in the case of fungible thing, your value, is exempt from penalty. 3. The attempt is punishable.

3 article 3 (passive corruption of referees and managers) 1. If the facts described in the preceding article are committed by referee or equated, whose function is to assess, judge or decide the application of technical rules and discipline of the sport, the penalty is imprisonment of one to eight years. 2. The same penalty incurs who practise the facts described in the previous article as a Manager, coach, technical advisor or agent of any other activity supporting the sports practitioner. 3. Is correspondingly applicable to the preceding paragraphs the paragraphs 2 and 3 of the previous article.

Article 4 (active corruption) 1. Who, by himself or through an intermediary, with your consent or ratification, gives or promise sports practitioner patrimonial or non-patrimonial advantage, which is not due to change or distort the outcome of a sporting competition is punished with imprisonment of six months to five years. 2. The same penalty incurs who practise the facts described in the preceding paragraph with respect to any of the agents referred to in the previous article. 3. The attempt is punishable.

Article 5 (Provision or undue receipt) 1. Who, acting as arbitrator or equated, by themselves or through an intermediary, with your consent or ratification, solicit or accept, for themselves or for third party, directly or indirectly, because of their functions, without his due, patrimonial or non-patrimonial advantage, of agent before him has had, has, or would have claim dependent on the exercise of your functions , is punished with imprisonment of six months to five years. 2. The same penalty who incurs by themselves or through an intermediary, with your consent or ratification, gives or promise the referee or equated advantage asset or not 4, which it is not proper, in the circumstances described in the preceding paragraph. 3. The attempt is punishable.

Article 6 (Corruption by legal persons) 1. If the facts described in the preceding articles are committed by c.d., sports association or professional League, the penalty is 960 days fine. 2. The facts described in the preceding paragraph may be applied the following ancillary penalties: a) ineligibility of any subsidies, grants or incentives; (b) temporary Prohibition of participation in) sports competitions; c) suspension or cancellation of public utility status of sports; d) judicial Injunction. 3. It is understood that the crimes are committed by c.d., sports association or professional League, when: a) Are practiced by holders of its organs in the performance of their duties; (b)) Are carried out by its representatives, in your name or on your collective interest. 4. The criminal liability of sports clubs, sports associations and professional leagues does not exclude individual liability of its agents.

Article 7 (Doping)


1. Who, with or without the consent of the sports practitioner, you administer substances or products, or use other methods which might artificially change the performance of the practitioner, shall be punished with imprisonment up to three years. 2. The following shall be considered as substances or products which may change the sporting performance artificially practitioner, in particular those defined under 5 each sport and setting compulsory lists published by each Federation. 3. The attempt is punishable.

Article 8 (accessory Feathers) Without prejudice to the provisions of article 5, to the agents of the crimes provided for in this law may apply the following ancillary penalties: suspension), for a period of six months to three years, participation in sporting competition; b) Deprivation of the right to receive official grants, for a period of one to five years; c) suspension of the exercise of function or activity for a period of two to six years, in the case of referee or equated or holder of Federation body, Association, League or similar body and head of sports club or holder of sports society body.

Article 9 (disciplinary measures) 1. The exercise of criminal prosecution for the crimes provided for in this law and the decision defining the criminal liability, without prejudice to the use of action, in particular disciplinary in nature, provided for in the regulations of the sport associations or professional leagues, and the competence of the respective agencies. 2. the opening of investigation for the crimes provided for in this law shall be without prejudice to the exercise of disciplinary authority in accordance with the specific rules of the disciplinary procedure. 3. holders of the clubs and sports associations and the professional leagues, shall transmit to the public prosecutor news of breaches of provisions of this law that are aware in the exercise of their duties or because of them.

6 article 10 (Sports Ethics promotion) sports associations and the professional leagues should promote training, pedagogical and educational in order to sensitize all practitioners and sports agents for the strict observance of the principles of ethics and true sporting as well as preventive and punitive measures of any antidesportivos behaviour, including violence , racism, corruption or doping.

Palácio de s. Bento, October 2006 Members