CUMULATION OF CRIMINAL AND DISCIPLINARY LIABILITY IN THE CASE OF THE MANIPULATION OF THE SPORTS COMPETITIONS: EUROPEAN STANDARDS AND THE EXPERIENCE OF THE REPUBLIC OF MOLDOVA
CUMULATION OF CRIMINAL AND DISCIPLINARY LIABILITY IN THE CASE OF THE MANIPULATION OF THE SPORTS COMPETITIONS: EUROPEAN STANDARDS AND THE EXPERIENCE OF THE REPUBLIC OF MOLDOVA

Summary/Abstract: Criminal and disciplinary liability are not mutually exclusive. Both criminal and disciplinary liability can be applied for the manipulation of sports competitions. That being the case, this article discusses the issue of compliance with the ne bis in idem principle in the situation of cumulative liability. This principle is incident in criminal matters, in a broad sense. To provide a thorough answer, first of all the Engel test is analyzed. Through the lens of this test, which is contained in the jurisprudence of the European Court of Human Rights, it was concluded that the disciplinary sanctions applicable in the case of manipulation of sports competitions are criminal rather than civil. Under these conditions, problems arise when similar sanctions (e.g., fine) are applied both according to disciplinary regulations and according to criminal law. Thus, it was shown that in order to comply with the ne bis in idem principle, the reasoning in the judgment A and B v. Norway should be taken into account.

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