Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.139.315
Responsibility for fitting results of sports competitions from the aspects of bribery
Mijo Galiot
; Općinski sud u Splitu, Split, Hrvatska
Silvio Čović
; Upravni sud u Splitu, Split, Hrvatska
Sažetak
The processes of modernization, globalization and consumerism have significantly changed the attitude of people towards sports and sports competitions in modern society. Sports competitions are becoming a dramatic expression of real capitalist events and relationships in which, in addition to achieving sports results, the main goal is to maximize profits. In order to achieve this, persons in the sports system, as well as entities associated with betting, often take action with the aim of fixing the results of sports competitions. It is primarily a corruption phenomenon that is subject to sanctions according to the norms of criminal law. This paper will analyze the positive legal regulation of criminal liability for bribery for rigging the results of sports competitions. The manifestations of these actions will also be considered and the possibility of punishing the participants in these illegal actions will be critically re-examined only from the aspect of criminal liability for committing the act of giving and receiving bribes. In criminal practice, it has been controversial to include participants in sports competitions under the term responsible person as defined in the Criminal Code, and whether corrupt actions taken to manipulate the results of sports competitions can be classified as official actions in the context of liability for so-called classic forms of active and passive bribery. Starting from the positive legal system in Croatian legislation and legal understandings of the so-called. Uskok practice, an attempt was made to investigate the extent to which it is possible to prosecute and punish participants in sports competitions for bribery for rigging the results. It concludes that there is a need "de lege ferenda" to change the legal framework and critically review the legal positions taken in criminal practice.
Ključne riječi
sport; sports competition; match-fixing; criminal liability; bribery
Hrčak ID:
252097
URI
Datum izdavanja:
9.2.2021.
Posjeta: 1.891 *