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Criminal Law Provisions for the Prosecution of Competition Manipulation

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Criminal Law Provisions for the Prosecution of Competition Manipulation CRIMINAL LAW PROVISIONS FOR THE PROSECUTION OF COMPETITION MANIPULATION UNODC IOC STUDY CRIMINAL LAW PROVISIONS FOR THE PROSECUTION OF COMPETITION MANIPULATION UNODC IOC STUDY UNODC IOC Study on Criminal Law Provisions for the Prosecution of Competition Manipulation 2 Table of Contents Foreword ................................................................................................................................................................ 5 Acknowledgements .............................................................................................................................................. 6 Executive Summary ............................................................................................................................................. 7 Overview of the Study .......................................................................................................................................... 8 1 Introduction. .9 I. Study Objectives ....................................................................................................................................... 10 II. Methodology .............................................................................................................................................. 11 III. Terminology ............................................................................................................................................... 12 2 Relevant International Legal Framework ................................................ 13 I. Preliminary Remarks: Disciplinary Sanctions vs. Criminal Sanctions for Match-Fixing ................. 13 Disciplinary sanctions applied by sports bodies .................................................................................. 13 Criminal sanctions by states ................................................................................................................... 14 II. General Instruments: International Legal Frameworks ........................................................................ 15 The United Nations Convention against Corruption ............................................................................ 15 1 Active and passive bribery in the public sector ........................................................................... 15 2 Active and passive trading in influence ......................................................................................... 17 3 Active and passive bribery in the private sector .......................................................................... 18 The United Nations Convention against Transnational Organized Crime and the protocols thereto ........................................................................................................................ 18 III. The Council of Europe Convention on the Manipulation of Sports Competitions. 19 3 Legislation Studied ............................................................................................................. 22 I. Overview of Match-Fixing Offences at the National Level ................................................................. 23 1 Argentina ............................................................................................................................................ 24 2 Australia ............................................................................................................................................. 24 3 Brazil ................................................................................................................................................... 24 4 Bulgaria .............................................................................................................................................. 25 5 People’s Republic of China ............................................................................................................. 25 6 Denmark ............................................................................................................................................. 25 7 El Salvador ......................................................................................................................................... 26 8 France ................................................................................................................................................ 26 9 Germany ............................................................................................................................................ 26 10 Greece ................................................................................................................................................ 27 11 India .................................................................................................................................................... 27 12 Italy .................................................................................................................................................... 28 13 Japan .................................................................................................................................................. 28 14 Republic of Korea ............................................................................................................................. 29 15 Latvia .................................................................................................................................................. 29 UNODC IOC Study on Criminal Law Provisions for the Prosecution of Competition Manipulation 3 16 Malta ................................................................................................................................................... 30 17 New Zealand ..................................................................................................................................... 30 18 Paraguay ............................................................................................................................................ 30 19 Poland ................................................................................................................................................ 31 20 Portugal .............................................................................................................................................. 31 21 The Russian Federation ................................................................................................................... 32 22 South Africa ....................................................................................................................................... 32 23 Spain .................................................................................................................................................. 33 24 Switzerland ........................................................................................................................................ 33 25 Turkey ................................................................................................................................................. 33 26 Ukraine .............................................................................................................................................. 34 27 United Kingdom ................................................................................................................................ 34 28 United States of America ............................................................................................................... 34 II. Legal Analysis of Selected Match-Fixing Offences .............................................................................. 35 1 General considerations .................................................................................................................... 35 2 Main features of national match-fixing offences .......................................................................... 35 III. Good Practice Elements and Recommendations ................................................................................ 43 1 Application of the match-fixing offence to all sports and competitions ................................... 43 IV. Model Criminal Law Provisions ............................................................................................................... 46 1 Core provisions criminalizing the manipulation of sports competitions ................................... 46 2 Additional guidelines to be considered by national legislators .................................................. 48 Annexes .................................................................................................................................................... 49 Annex 1 National Legislation Providing a Specific Match-Fixing Offence ............................. 50 Argentina .................................................................................................................................................... 50 Australia ...................................................................................................................................................... 51 Brazil .......................................................................................................................................................... 64 Bulgaria ....................................................................................................................................................... 65 People’s Republic of China ...................................................................................................................
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