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1 PROPOSAL of law No. 108/X explanatory memorandum this proposal of law aims to enshrine the regime of criminal responsibility for behaviours which seriously contradict the ethical principles-legal sporting activity and are likely to affect the truth, loyalty and the correction of the competition and your result. The new system replaces the provisions of Decree-Law No. 390/91, of 10 October, only in the case of crimes of corruption. Indeed, on the one hand, the other matters contained in the mentioned Decree-Law, in particular those relating to doping, will appear at a later stage of autonomous degree about the fight against doping in sport and, on the other, concerning violence in sports phenomenon were already the subject of autonomous treatment by law n° 16/2004, of 11 May. The proposed changes are brought about by the need to strengthen the fight against corruption, introduce the crimes of trafficking in influence and criminal association and blame criminal sanctions for legal persons in the area of sport activity. Criminalized in 1991, corruption in the sports phenomenon continues to deserve criminal intervention due to your negative resonance and the dignity of the values that calls into question. It promotes itself, however, an aggravation of penalties, to the approach of the foreseen in the Penal Code. In addition, dedicates a distinction between active and passive corruption to sanctioning level. Introduces the prediction of the influence provided in the Criminal Code since 1995. In relation to the crime of the criminal code counterpart, noted a speciality – considers the trafficking of influence on the practice of lawful act, which, like the corruption with similar purpose, has no meaning enough to be criminalized under the sports phenomenon. The most serious penalty applicable to this crime is identical to that of active corruption, respecting the proportion upheld the criminal code. Equally innovative is the criminalisation of criminal association in the sports phenomenon, which is inspired by the revision of the Penal Code, requiring a minimum of three people in the definition of a group, organization or association. The penalties applicable, of 1 to 5 2 years imprisonment, are aggravated a third relatively to the heads and leaders of criminal association. Legal persons and similar entities, including sports, legal persons shall answer for the crimes described in the context of sporting activities, under the general terms of the Penal Code. The status of public utility or sports utility does not exclude the liability of legal persons for crimes sports provided for in this law, for understanding that such a solution would frustrate the defense of legal goods. It is expected the aggravation of penalties when the agent is a sports leader, sports referee, sports entrepreneur or legal person. In all these assumptions are violated duties of truth, loyalty and correctness of performance of sports functions and justifies a harsher punishment. The penalties applicable to all crimes can be specially mitigated or even applied, by virtue of the Office of discharge when the stop agent or strive seriously to prevent criminal activity. It is an indispensable measure to facilitate criminal investigations and alleviate the difficulties in obtaining evidence. The scope of the present law is defined by the concept of sports competition, which is defined as the regulated activity, organized and carried out by sports federations or professional leagues, associations and groupings of them affiliated clubs or international bodies that those legal persons part. In this way, are subject to national and international competitions, since covered by the scope of criminal law.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions 3 Article 1 subject-matter this law establishes the regime of criminal responsibility for anti-desportivos behaviour, contrary to the values of truth, loyalty and correctness and likely to change fraudulently the results of the competition.
Article 2 definitions for the purposes of this law,: a) a sports leader: the holder of the body or the representative of the legal person, who it has authority to exercise control of the activity and the athletic director or treated as such; b) sports: Technical coach, technical advisor, the fitness coach, doctor, massage therapist, their deputies and who, in any capacity, guides sporting practitioners in the performance of your business; c) sports Referee: who, in any capacity, main or auxiliary, enjoy, judge, decide, notes or evaluates the technical and disciplinary rules of the sport; d) sports Entrepreneur: who carries out the function of representation, intermediation or occasional or permanent assistance in the negotiation or conclusion of sports contracts; and) legal persons: the sports clubs sports, sports societies, federations, professional leagues, associations and groupings of them affiliated clubs, as well as legal persons, civil societies and associations that are dedicated to sports entrepreneur activity; f) sports agent: the persons or bodies referred to in paragraph 1(a) above, as well as the temporary or even temporarily, for remuneration or free of charge, voluntarily or compulsorily, individually or integrated into a set, participate in athletic competition or be called upon to carry out or participate in sports competition performance;
4 g) sports competition: the regulated sporting activity, organized and carried out under the auspices of the sports federations or professional leagues, associations and groupings of them affiliated clubs or international authorities that those legal persons part.
Article 3 the criminal responsibility of legal persons and similar 1-legal persons and similar entities, including the sports authorities are responsible, in general terms, for the crimes provided for in this law. 2-the status of public utility or sports utility does not exclude criminal liability of legal persons.
Article 4 by-Feathers To agents of the crimes provided for in this law may apply the following ancillary penalties: the) suspension of participation in sports competition for a period of six months to three years; b) ineligibility to grants, subsidies or incentives granted by the State, autonomous regions, local authorities and other public authorities for a period of one to five years; c) prohibition of the exercise of profession, function or activity, whether public or private, for a period of one to five years, in the case of a sports leader, coach, referee, Sports Sports Sports entrepreneur or legal person or entity equivalent.
Article 5 Contest the exercise of criminal proceedings or the application of penalties or security measures for the crimes provided for in this law does not prevent, suspend or hinder the exercise of disciplinary power 5 or disciplinary sanctions under the regulations.
Article 6 mandatory Complaint bodies and holders of sports federations officials or of the professional leagues, associations and groupings of them affiliated clubs shall transmit to the public prosecutor, news of the crimes provided for in this law that are aware in the exercise of their functions and for them.
Article 7 supplementary law the crimes provided for in this law are in the alternative the provisions of the Penal Code.
Chapter II article 8 passive Bribery Crimes the sports agent who, by himself or through the your consent or ratification, through an intermediary, requesting or accepting, for themselves or for third parties, without his due, patrimonial or non-patrimonial advantage, or to your promise, for any act or omission intended to alter or distort the outcome of a sporting competition is punished with imprisonment of one to five years.
Article 9 Active corruption Who, by you or by your consent or ratification, through an intermediary, gives or promise sports agent, or third with knowledge that, equity or non-equity advantage 6, which is not due for the purpose indicated in the previous article, shall be punished with imprisonment up to three years or with fine penalty.
Article 10 influence
1-Who, by you or by your consent or ratification, through an intermediary, requesting or accepting, for themselves or for third, patrimonial or non-patrimonial advantage, or to your promise, for abuse of your influence, real or alleged, along with any sports agent, in order to obtain a decision to amend or distort the outcome of a sporting competition is punished with imprisonment up to three years or with fine penalty If more severe penalty you don't fit under any other statutory provision. 2-Who, by you or by your consent or ratification, through an intermediary, gives or promise to someone else or not patrimonial asset advantage for order referred to in the preceding paragraph shall be punished with imprisonment up to two years or with fine penalty up to 240 days if more severe penalty you don't fit under any other statutory provision.
Article 11 1 criminal Association who promote, establish, join or support group, organization or association whose purpose or activity is directed to commit one or more offences referred to in this law is punishable by a prison term of one to five years. 2-Who lead or drive groups, organizations or associations referred to in the preceding paragraph shall be punished with the penalty it provided for aggravated one third in its minimum and maximum limits. 3-For the purposes of this article, it is considered that there is a group, organization or association when is concerned a set of at least three people, acting in concert during a certain period of time.
7 article 12 Aggravation 1-the penalties referred to in article 8 and paragraph 1 of article 10 are compounded of one third in its minimum and maximum limits if the agent is a sports leader, sports referee, sports entrepreneur or legal person. 2-If the crimes referred to in article 9 and in paragraph 2 of article 10 are charged in respect of the person referred to in the preceding paragraph, the agent is punished with the penalty that the case would fit, compounded of one third in its minimum and maximum limits.
Article 13 special Mitigation and remission of sentence 1 us crimes provided for in this law: a) the penalty is specially mitigated if the auxiliary agent in the collection of the decisive evidence for identification or capture of other responsible; b) agent is relieved of penalty if put away voluntarily, before the practice of fact, the offering or the promise that accept or return the advantage or, in the case of fungible thing, your value. 2-the crime provided for in article 11, the penalty can be especially toned down or not be punishment if the stop agent or strive seriously to prevent the continuation of groups, organisations or associations, or notify the authority to your existence so this can prevent crimes.
Chapter III final provisions article 14 Prevention federations, societies and sports clubs promote annually, pedagogical and educational courses, in order to sensitize all sports agents to the values of truth, loyalty and correctness and prevent the practice of 8 facts likely to fraudulently change the results of the competition.
Article 15 Standard set Are deleted articles 2, 3 and 4 of Decree-Law No. 390/91, of 10 October.
Seen and approved by the Council of Ministers of 30 November 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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