2021

Gheorghe RENIŢĂ, Assistant professor, Faculty of Law, State University of Moldavia, The Liability of the Participant in a Sporting or Betting Event for Manipulating the Event

DOI: https://www.doi.org/10.31178/AUBD.2021.05

Abstract: A person who encourages, instructs or influences a participant in a sporting event or betting event to engage in conduct that would vitiate that event, in order to obtain goods, services, privileges or benefits in any form that are not due to him, for himself or for another person, will be criminally liable in accordance with art. 2421 of the Criminal Code of the Republic of Moldova. Instead, if the participant in a sporting or betting event will not fulfil the obligation in question and will adopt the conduct required by the subject of the crime provided in art. 2421 of the Criminal Code of the Republic of Moldova, then he can be held disciplinary / contractual liability both for non-reporting and for his behavior contrary to the principle of fair play in the event, but not to criminal liability. In this article, the author argues the need to criminalize the act of participating in a sporting / betting event to partially or completely eliminate the unpredictability of the event in which it evolves, taking into account the principle of ultima ratio.

Keywords: sporting event, manipulation, match-fixing, bets, criminal liability, disciplinary liability.


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