Match-fixing in sports
1. What is the crime of match-fixing in sports?
Match-fixing in sports refers to acts committed by parties in agreement or in exchange for a benefit, with the aim of unlawfully influencing the outcome or course of a sporting event. This crime falls under criminal law, not just sports disciplinary law.
In Turkey, the crime of match-fixing is generally Law No. 6222 on the Prevention of Violence and Disorder in Sports . Therefore, while match-fixing is not directly included in the Turkish Penal Code, it is a specific legal provision that prescribes criminal sanctions. However, in some cases, other offenses under the Turkish Penal Code, such as fraud, forming an organization, or money laundering, may also come into play.
2. The Legal Nature of the Crime of Match-Fixing
Match-fixing is a crime of endangerment. It is not necessary for the match to be actually manipulated; even an agreement to influence the outcome is considered sufficient for the crime to be committed. In this respect, the match-fixing law is a regulation aimed at protecting the sporting integrity of the competition.
The following elements are required for the crime of match-fixing to occur:
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The presence of a sporting event
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An agreement aimed at influencing the outcome or course of a competition
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Providing or promising benefits
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The existence of intent
What is important here is the deliberate disruption of the natural flow of sporting competition.
3. The Difference Between Incentive Bonuses and Match Fixing
Another concept frequently confused in practice is the crime of bribery. While match-fixing generally refers to an agreement to lose a match or achieve a specific score, bribery involves providing a benefit to a team to ensure they win.
Both actions are defined as crimes under the same law. However, different assessments can be made regarding the penalties.
4. Who could be the perpetrators of match-fixing?
Match-fixing in sports is not only committed by athletes. Potential perpetrators include:
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Athletes
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Head coaches
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Club managers
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Managers
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referees
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Third parties
Furthermore, if the crime is committed in an organized manner, an increase in the penalty may be considered. In this case, the crimes of establishing or being a member of an organization for the purpose of committing a crime, as defined in Article 220 of the Turkish Penal Code, may also be evaluated separately.
5. Punishment for Match-Fixing Crimes
According to Law No. 6222, the penalty for match-fixing is imprisonment and a fine. The basic penalty is imprisonment for 1 to 3 years and a specific amount of fine. However, the crime:
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Organized processing
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Processed by the sports club manager
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Abuse of influence granted by public office
In qualified cases such as these, the penalty may be increased.
The court may also impose security measures on the perpetrator, such as a ban from sporting activities.
6. Crimes Related to the Turkish Penal Code
Although the crime of match-fixing is regulated in a special law, in many cases the provisions of the Turkish Penal Code also come into play.
a) Fraud (Turkish Penal Code Articles 157–158)
If the act of match-fixing aims to gain financial profit through betting systems, it may constitute the crime of fraud.
b) Establishing an Organization for the Purpose of Committing Crimes (Turkish Penal Code Article 220)
If match-fixing is carried out within the framework of a structure or organization, then it constitutes organized crime.
c) Money Laundering of Assets Derived from Crime (Turkish Penal Code Article 282)
If income obtained through match-fixing is introduced into the financial system, it may constitute a money laundering crime.
Therefore, match-fixing cases are often the subject of multifaceted and comprehensive investigations.
7. Investigation Process in Match-Fixing Crimes
Investigations into match-fixing offenses are generally conducted by the prosecutor's office. Evidence includes:
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Phone records
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Bank transactions
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Correspondence
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Witness statements
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Betting analysis reports
It is recorded in the file.
During the investigation phase, measures such as detention, arrest, and seizure of assets may be applied. Therefore, an effective defense strategy is of great importance in the field of sports criminal law.
8. The Relationship Between Disciplinary Proceedings and Criminal Proceedings
Sports federations conduct disciplinary investigations into allegations of match-fixing. However, the decisions of the disciplinary board are not binding on the criminal court. Similarly, an acquittal by the criminal court does not automatically eliminate the disciplinary sanction.
This parallel legal process poses serious legal risks for sports clubs and athletes.
9. Defense Strategy in Match-Fixing Crimes
In sports match-fixing cases, the defense is structured around the following main points:
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The inability to prove the existence of the agreement
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A relationship of mutual benefit could not be established
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Illegally obtained evidence
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No intent
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The action remained at the attempted stage
The legality of evidence obtained, particularly through the interception of communications, is one of the most important factors determining the course of a trial.
10. Legal Risks for Sports Clubs
It should be remembered that the crime of match-fixing does not only create individual liability. In terms of clubs:
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Point deduction
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Relegation
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Banned from European competitions
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Fine
Disciplinary measures such as these may be considered.
While the criminal court process continues, it is vital that the club management handles the crisis correctly.
11. Statute of Limitations in Match-Fixing Crimes
The statute of limitations for match-fixing offenses is determined by the upper limit of the penalty imposed. Generally, the statute of limitations is 8 years. However, this period may change in cases involving aggravating circumstances or related offenses.
12. Conclusion: Match-fixing in sports is a serious criminal law risk
Match-fixing in sports is not only a violation of sporting ethics; it is also a serious criminal law problem punishable by imprisonment. In the Turkish legal system, it is subject to severe penalties under both special legal provisions and the Turkish Penal Code.
Match-fixing investigations are often complex cases involving incriminating evidence, requiring financial and technical scrutiny. For athletes, managers, and clubs, obtaining legal support from the outset is critical to preventing potential losses of rights.
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