Krivičnopravno sankcionisanje nameštanja sportskih rezultata - Neharmonizovanost zakonodavstava evropskih država -
Criminal Sanctioning Of Match Fixing - Example Of Uneven Legislative Practice Of The European Countries -

Summary/Abstract: The author analyzes various provisions of the European countries national regulations which prohibit and sanction match-fixing in different ways. The paper points out the fact that extreme commercialization of sport and social conditions surrounding sport today have led to a situation where match-fixing, in particular football match-fixing, is a problem by far more serious than any other negative phenomenon in the European sport, in terms of the frequency of occurrence, number of victims, the amount of illegally acquired profit and social threat. The author devotes special attention to the fact that the Council of Europe has not prepared nor adopted a convention that would tackle the fight against match-fixing, whereas the conventions dealing with the fight against doping in sport and violent and inappropriate behavior in sport events had been adopted decades ago. In the closing part of the paper, the author draws attention to the fact that the seriousness of the problem of match-fixing in Europe, and other continents, calls for an international convention stipulating not only legal but logistic measures necessary to enhance the fight against this negative phenomenon. Both the appeals made by the FIFA and the UEFA heads and the conclusions from the Council of Europe Conference of Ministers responsible for Sport held in Belgrade in March 2012, confirm the need for such convention to be drafted and adopted. Moreover, the fact that the legal practices of the European countries differ considerably one from another when it comes to the offence of match-fixing as well as the type and degree of the sanctions stipulated for such offenders, further speaks in favour of the need for a separate convention. Finally, the author concludes that many European countries are heading towards stipulating a separate offence of match-fixing on a national level, thus reducing the practice of such delicts being punished under the legal provisions stipulated for the offence of fraud or corruption.

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