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PROPOSED LAW NO. 108 /X

Exhibition of Motives

The present proposed law aims to enshrine the criminal liability regime by

behaviours that would seriously counter the ethical-legal principles of activity

sports and are likely to affect the truth, loyalty and correctness of the

competition and its result.

The new regime replaces the one provided for in the Decree-Law No. 390/91 of October 10, only

in the part concerning the crimes of corruption. With effect, on the one hand, the remaining

material listed in the aforementioned Decree-Law, specifically those referred to

doping, subsequent constaron of autonomous diploma on combating doping in the

sport and, on the other hand, those regarding violence in the sporting phenomenon have already been the subject

of autonomous treatment by Law No. 16/2004 of May 11.

The now proposed changes are raised by the need to strengthen combat to the

corruption, introduce the crimes of trafficking in influence and criminal association and

liable to penally hold legal persons in the scope of sporting activity.

Criminalised in 1991, corruption in the sporting phenomenon continues to merit

penal intervention due to its negative resonance and the dignity of the values it lays

in cause. It promotes, however, an aggravation of the penalties, to bring them closer to the

provided for in the Criminal Code. In addition, a distinction is made between corruption

active and passive at the sanctionatory level.

It introduces the prediction of the influence peddling, provided for in the Criminal Code since 1995.

In relation to the year-on-year crime of the Criminal Code, a specialty is signed-not if

contemplates the trafficking of influence for the practice of lawful act, which, to the similarity of the

corruption with identical purpose, has no meaning enough to be criminalised

in the scope of the sporting phenomenon. The most serious penalty applicable to this crime is identical

to that of active corruption, respecting the proportion embraced in the Criminal Code.

Equally innovative is the incrimination of the criminal association in the phenomenon

sports, which inspires itself in the revision of the Criminal Code, requiring a minimum of three

people in the definition of group, organization, or association. The applicable penalties, from 1 a to 5

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years in prison, are aggravated by a third relatively to the heads and leaders of the

criminal association.

Legal persons and equiparous entities, including legal persons

sports, they go on to respond by the practice of typified crimes within the framework of the

sports activity, in the general terms of the Criminal Code. The status of utility

public or of sport public utility does not exclude the responsibility of the people

sports legal collective for crimes provided for in this Law, for the purpose of understanding that such

solution would frustrate the defence of legal goods.

The aggravation of penalties is expected when the agent is a sport leader, arbitrator

sports, sports entrepreneur or sports legal person. In all these

hypotheses are violated duties of truth, loyalty and correctness inherent in

performance of sports functions and a more severe punishment is warranted.

The penalties applicable to all crimes can be specially mitigated or even

not applied, by force of the dispensation institute, when the agent prevents or striving

seriously for preventing criminal activity. It is an indispensable measure

to facilitate the criminal investigation and to alleviate the difficulties of obtaining proof.

The scope of this diploma is bounded by the concept of sporting competition, the

what is defined as being the regulated activity, organized and exercised by

sports federations or professional leagues, associations and groupings of clubs

in them affiliates or international instances of which those legal persons do

part. In this way, national and international competitions are covered, provided that

covered by the scope of the Portuguese criminal law.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Chapter I

General provisions

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Article 1.

Subject

This Law establishes the regime of criminal liability for behaviours

anti-sporting, contrary to the values of truth, loyalty and correctness and

liable to fraudulently change the results of the competition.

Article 2.

Definitions

For the purposes of this Law, it shall be deemed to be:

a) Sports leader: the holder of the organ or the representative of the legal person

sports, who in it has the authority to exercise control of the activity and

the sports director or equated;

b) Sports technician: the trainer, the technical advisor, the physical preparer, the

doctor, the masseuse, the respective adjoining and who, to any title,

guides sports practitioners in the performance of their activity;

c) Sports referee: who, any title, principal or auxiliary, appreciates,

julga, decides, observes or evaluates the application of technical and disciplinary rules

own of sport modality;

d) Sports entrepreneur: who exercises the activity of representation,

intermediation or assistance, occasional or permanent, in the negotiation or

celebration of sports contracts;

e) Sports legal persons: the sports clubs, the societies

sports, sports federations, professional leagues, associations and

groupings of clubs in them affiliated , as well as legal persons,

civil societies or de facto associations engaged in the activity of

sports entrepreneur;

f) Sports agent: the natural or legal persons referred to in points

previous, as well as those which, even provisional or temporarily, by

pay or free of charge, voluntary or compulsorily, by title

individual or integrated in a set, participate in sports competition

or are called to play or to participate in the performance of

sports competition;

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g) Sport competition: regulated sports activity, organised and

exercised under the aegis of sports federations or professional leagues,

associations and groupings of clubs in them affiliated or of the instances

international that those legal persons are a part of.

Article 3.

Criminal liability of legal persons and equiparents

1-Legal persons and equiparous entities, including legal persons

sports, are responsible, in the general terms, for the crimes provided for in the present

law.

2-The status of public utilities or sports utilities does not exclude the

criminal liability of legal persons sporting persons.

Article 4.

Accessory feathers

The agents of the crimes provided for in this Law may apply for the following penalties

accessory:

a) Suspension of participation in sports competition for a period of six

months to three years;

b) Deprivation of the right to subsidies, grants or incentives heard by the

State, Autonomous Regions, local authorities and too many legal persons

public for a period of one to five years;

c) Prohibition of the exercise of profession, function or activity, public or private,

for a period of one to five years, dealing with sports leader,

sports coach, sports arbiter, sports entrepreneur or person

collective or equiped entity.

Article 5.

Contest

The exercise of criminal action or the application of penalties or security measures by the

crimes set out in this Law do not prevent, suspend or hinder the exercise of the

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disciplining power or the application of disciplinary sanctions under the regulations

sports.

Article 6.

Mandatory complaint

The holders of the organs and the officials of sports federations or leagues

professionals, associations and groupings of clubs in them affiliated must convey to the

Prosecutor's Office news of the crimes provided for in this Law to have

knowledge in the exercise of their duties and because of them.

Article 7.

Subsidiary law

The crimes provided for in this Law are to be subsidarily applicable to the provisions of the

Penal code.

Chapter II

Crimes

Article 8.

Passive corruption

The sports agent who, by you or, upon your consent or ratification, by

interposed person, request or accept, for you or for third party, without due to it,

heritage or non-patrimonial advantage, or its promise, for an act or

omission aimed at altering or distorting the result of a sporting competition is

punished with a prison sentence of one to five years.

Article 9.

Active corruption

Who, by themselves, or, upon their consent or ratification, by intersted person,

give or promise the sports agent, or the third party with knowledge of that,

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heritage or non-patrimonial advantage, which is not due, with the indicated end

in the previous article, it is punished with imprisonment up to three years or with penalty of fine.

Article 10.

Trafficking in influence

1-Who, by you or, upon your consent or ratification, by interposed

person, request or accept, for you or for third party, advantage of equity or not

heritage, or its promise, to abuse its influence, real or supposed, together

of any sports agent, with a view to obtaining any decision aimed at

change or distort the result of a sporting competition is punishable by

imprisonment up to three years or with penalty of fine, if the most serious penalty does not fit for

strength of another legal provision.

2-Who, by you or, upon your consent or ratification, by interposed person,

give or promise the other person advantage or non-patrimonial advantage for the end

referred to in the preceding paragraph shall be punished with imprisonment up to two years or with penalty

of a fine of up to 240 days, if the more serious penalty does not fit him by force of another

legal provision.

Article 11.

Criminal association

1-Who to promote, merge, participate in or support group, organization or association whose

purpose or activity is directed to the practice of one or more crimes foreseen in the

present law is punish-punished with imprisonment of one to five years.

2-Who to head or direct the groups, organizations or associations referred to in the number

previous is punished with the penalty in it predicted aggravated by a third in its limits

minimum and maximum.

3-For the purposes of this Article, it is considered that there is a group, organisation or

association when it is in question a set of at least three persons,

acting concertedly during a certain period of time.

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Article 12.

Aggravation

1-The penalties provided for in Article 8 and in Article 10 (1) are aggravated by one third

at its minimum and maximum limits, if the agent is sport leader, arbitrator

sports, sports entrepreneur or sports legal person.

2-If the crimes set out in Article 9 and in Article 10 (2) are practiced

relatively the person referred to in the preceding paragraph, the agent is punished with the penalty

that to the case it would fit, aggravated by a third in its minimum and maximum limits.

Article 13.

Special mitigation and penalty dispensation

1-In the crimes provided for in this Law:

a) The penalty is especially mitigated if the auxiliary agent concretely in the

collection of the decisive evidence for the identification or capture of others

responsible;

b) The agent is excused to voluntarily repudiate himself, prior to the practice of the

fact, the offer or the promise that it accepted or restitute the advantage or,

treating yourself to fungible thing, its value.

2-In the crime provided for in Article 11, the penalty may be especially mitigated or not to have

place the punishment if the agent prevents or striving seriously for preventing the

continuation of the groups, organizations or associations, or communicating to the authority a

its existence so that this can prevent the practice of crimes.

Chapter III

Final provisions

Article 14.

Prevention

Federations, societies and sports clubs annually promote actions

formative, pedagogical and educational purposes, with the purpose of raising awareness among all actors

sports for the values of truth, loyalty and correctness and to prevent practice

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of facts likely to fraudulently change the results of the competition.

Article 15.

Abrogation standard

Articles 2, 3 and 4 of Decree-Law No. 390/91 of October 10 are repealed.

Seen and approved in Council of Ministers of November 30, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs