The ' Operation Pizarro', the 'Eldense Case', the 'Levante-Zaragoza Case', and 'Operation Oikos' are some of the sports corruption cases that have been investigated in Spain. The ongoing 'Negreira Case' is the one which is making the strongest impact due to its media coverage. It follows an investigation pursued by the Tax Agency against Mr. José María Enríquez Negreira, former Spanish football referee and former vice president of the Technical Committee of Referees, and FC Barcelona for a possible corruption case. In this case, the referee allegedly received payments amounting to over 7.5 million euros from FC Barcelona, while serving at the Technical Committee of Referees. All these cases would fall under what is broadly known as ‘sports corruption’, and in this article, we analyse their characteristics and consequences.
What are the business corruption offenses after the 2015 reform of the Criminal Code in Spain?
With the amendment to the Criminal Code carried out by Organic Law 1/2015, dated March 30, offenses related to cases of corruption among private individuals, became known as "business corruption offenses." These offenses encompass a series of illicit acts consisting of the payment or acceptance of money, bribes, and other financial offers with the sole purpose of ensuring the execution of a contract or obtaining a competitive advantage over other companies, or in requesting, accepting, or receiving such offers.
What does the crime of sports corruption consist of?
The crime of sports corruption is a form of business corruption that is classified in section 4 of article 286 bis of the Spanish Criminal Code. The punishable conduct aims to alter the outcome of a game, test, match, or sporting competition of significant economic or sporting significance.
What do we consider a competition of special sporting relevance?
The second paragraph of section 4 of article 286 bis of the Spanish Criminal Code sets out that it is considered of special sporting relevance when it appears in the annual sports calendar approved by the corresponding sports federation as a top-level competition.
Do all the types of behaviours under "corruption in sports" fit into subsection 4 of article 286 bis of the Spanish Criminal Code?
No, not all types of behaviours that would fall under the broad sense of "corruption in sports" fit into subsection 4 of article 286 bis of the Spanish Criminal Code. We must distinguish between corruption in the management of sports entities and corruption in sports competitions, as the criminal offense criminalises falsification of competition results, not corruption in the management of sports entities.
What is sanctioned in the context of altering competition results?
In the context of altering competition results, sanctions will be imposed, both in the case of receiving and offering bribes, on directors, administrators, collaborators, and employees of a sports entity, regardless of the legal form of the entity, as well as on athletes, referees, or judges, for those behaviours aimed at predetermining or deliberately or fraudulently altering the outcome of a game, test, match, or sporting competition of particular economic or sporting significance.
What are the modalities of actions?
The are two modalities of action:
- the person who promises, offers, or grants a benefit to the athlete to alter the outcome of the game, test, competition, etc. This would be the active corruption modality; and
- the person who participates in the sports activity, who receives, accepts the bribe to alter the outcome. This would be the passive corruption modality.
Do all bribes offered to the athlete constitute a sports corruption act?
Benefits or advantages can be of any nature, but promotional gifts are excluded.
Can you give an example of sports corruption?
An example of sports corruption could be a football club offering a significant amount of money to a referee in exchange of favourable refereeing in a Champions League match. In this case, the club executive would be committing the offense by delivering the money (active corruption modality). Another example would be the referee who accepts the bribe to alter the outcome of the match (passive corruption modality).
When is the offense considered consummated?
The offense is consummated upon the execution of the actions foreseen in the criminal offense. Therefore, neither the delivery or receiving the bribe, nor the alteration of the results are necessary for its consummation.
What are the penalties that can be imposed for committing this criminal behaviour?
The penalties that can be imposed are:
- imprisonment: ranging from 6 months to 4 years;
- disqualification: prohibition from holding their position or a similar one in the same sector where the crime was committed; and
- fine: the amount will be triple the benefit obtained from the fraudulent conduct.
Access Spanish version here
