The Turkish Language Association explains the concept of match-fixing as an agreement concluded in return for a pecuniary or non-pecuniary benefit with the aim of altering the result of a sporting encounter. Since the word belongs wholly to the field of sport, there is no divergence between its dictionary meaning and its meaning in legal terminology. Act No. 6222 has likewise drafted the act in similar terms, as the procuring of a gain or other benefit for another person with the aim of influencing the result of a particular sporting match. An incentive, or an incentive bonus, denotes a reward provided in the form of financial support and legal facility in order to attain a particular economic or social objective.
Where these acts come to light, the perpetrators do not face disciplinary measures alone; sanctions of both an administrative and a criminal nature are applied to them. It should be emphasised in particular that the offences in question are capable of producing consequences extending to a custodial sentence. Below we address in turn the regime of attempt and voluntary withdrawal, the amounts of penalty prescribed, the additional sanctions and the manner in which the proceedings are conducted.
Attempt and Voluntary Withdrawal
In the general scheme of criminal law, attempt consists in the perpetrator directly commencing the offence he intends to commit by means of acts suitable to that end, but being unable to complete the act for reasons beyond his control. As regards match-fixing and incentive bonuses, our legislation has departed from this general line and adopted a solution of its own. Under Act No. 6222 on the Prevention of Violence and Disorder in Sport, the offence is deemed complete at the moment the parties reach agreement on the gain or other benefit. That is to say, even if the intended result never comes about, the conclusion of the agreement is sufficient for punishment. Where, by contrast, a benefit has been promised or offered but no agreement has been reached with the other party, the act remains at the stage of attempt and the penalty is determined within the framework of the provisions on attempt.
Voluntary withdrawal is likewise specially provided for in the same Act. No penalty is imposed on a person who discloses the situation before the match is played.
Imprisonment and Judicial Fine Prescribed
Following the amendment made by Act No. 6250, the sanction prescribed for the act of match-fixing has been fixed as imprisonment from 1 to 3 years together with a judicial fine of up to twenty thousand days. The Act further provides that the penalty to be imposed will be increased by one half where the following circumstances are present:
- The purpose pursued is to steer the outcomes to be obtained from betting games
- The perpetrator acts within the framework of the activity of an organisation established to commit offences
- The trust or influence conferred on the person by public office is abused
- The act is carried out by the chairmen and members of the general assembly or board of directors of federations, sports clubs or legal persons operating in the field of sport, by technical and administrative managers, or by persons acting as agents or representatives of athletes or clubs
As regards this type of offence, it is not possible to order the suspension of the pronouncement of the judgment. In the same way, the sentence of imprisonment imposed may neither be converted into alternative sanctions nor suspended.
Where the act of match-fixing or of an incentive bonus is carried out more than once at different times in the implementation of a single decision to commit an offence, the rules on successive offences come into play. In that event the act requiring the heaviest penalty is taken as the basis, and a single penalty is imposed by increasing the penalty determined for that act by between one quarter and three quarters. For further detail on the subject, our note entitled The Offence of Match-Fixing and Incentive Bonuses may also be consulted.
Administrative Sanctions Added to the Penalty
Where the act has been committed for the benefit of a sports club or another legal person, an administrative fine is applied in addition to the penalties explained above. The amount of that fine may rise as high as the amount of the match-fixing payment or incentive bonus; it may not, however, in any event fall below TRY 100,000.
A further consequence arises for a person against whom a conviction is entered: that person is prohibited from holding office in the management and supervisory organs of sports clubs, federations and legal persons within which sporting activity is carried on.
In addition to these, each federation may also bring into play the administrative sanctions contained in its own rules. By way of example, the TFF may impose the following sanctions within the framework of Article 56 of the Football Disciplinary Directive: permanent deprivation of rights in respect of the persons involved in the breach; relegation of the club concerned to a lower division where the breach has been carried out by club officials; a fine imposed in addition on those bearing responsibility; a ban from matches or deprivation of rights from 1 to 3 years for those concerned where the act has remained at the stage of attempt; a deduction of at least 12 points from the club of which the person attempting the act is an official, provided a serious breach is found; and, where the breach or the attempted breach originates from referees, permanent deprivation of rights once again.
Conduct of the Proceedings
The procedural principles are regulated in Article 23 of Act No. 6222. Under that article, the trial regime operates as follows:
- For the purpose of elucidating the act, recourse may be had against the suspect or the accused to the measure set out in Article 135 of the Code of Criminal Procedure; communications made by telecommunication may be intercepted and recorded, and signal information may be evaluated.
- The power to impose the administrative fines and other administrative sanction decisions prescribed under the Act is conferred on the public prosecutor.
- Jurisdiction to try these offences lies with the Criminal Courts of First Instance to be designated as specialised courts by the Council of Judges and Prosecutors.
Independent Legal Assessment
In match-fixing and incentive bonus files, the most critical axis of the defence is determining the stage at which the act remained. Whether an agreement was concluded, and whether matters remained at the level of a mere offer or promise, directly alters both whether the offence is to be regarded as complete and the range of penalty to be applied. Since investigations are for the most part based on records obtained through the interception of communications, the review of the lawfulness of the evidence constitutes a separate dimension of the process.
A second difficulty is that the same act produces consequences in two parallel channels. While the criminal proceedings are under way, the federation's disciplinary boards may issue decisions under their own rules; serious consequences such as a points deduction or relegation may arise for the club. For this reason the criminal and disciplinary processes must be managed together, within a consistent strategy.
The points to be given priority in an individual dispute are as follows:
- Establishing on concrete evidence whether the act constitutes a completed offence or an attempt
- Investigating, where disclosure was made before the match, the possibility of benefiting from the provision on voluntary withdrawal
- Checking whether the decisions authorising the interception of communications were taken in due form
- Arguing whether the aggravating circumstances, in particular the capacity of official or agent, genuinely exist in the individual case
- Examining the method of calculating the administrative fine where it is alleged that the offence was committed for the benefit of a legal person
- Following the criminal proceedings and the disciplinary process in a coordinated manner
Independent Legal provides advice and conducts litigation in criminal and disciplinary disputes arising from sports law, from the investigation stage through to review on appeal.