A Comparative Case Study of Match-Fixing Laws in Singapore Australia Germany and Switzerland Asian

A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland

Despite being ranked into the world's top three in the 2018 corruption recognition index, Singapore is the home of the Match Repest Academy of soccer and is the home of the most notorious syndicate "Match Match" leader. It is highly evaluated in sports integrity. It is strange that Singapore, one of the world's leading leaders who manages corruption in the public sector, accepts sports corruption and matchfixing (and a bit ironic).

To this day, Singapore has not established a sports law specializing in malicious operations in matchfixing or other sports competitions, and is based on the Corruption Control Law (CAP 241, 1993 Rev. Ed Singapore). The prosecution is mainly relying on criminal corruption methods. This is compared to other countries that host matches, such as Australia, Germany, and Switzerland.

In this paper, focusing on each country, especially Singapore, focuses on discussions on whether it is necessary to establish a matchfixing method specialized in sports in the efforts of the matchfixing eradication in its own country. The project concludes that although the enactment of laws specializing in sports is advantageous, there may be no urgent urgent need for Singapore to enact laws specializing in sports related to matchfixing. In any case, in order to reduce the risk of such sports operations, Singapore authorities and sports general organizations may need to take concrete measures to support the current regulations on matchfix and player contracts. You can do it. One of them is that Singapore will be a member of the European Council Treaty (Makorin Treaty) on the operation of sports competitions.

Keywords

Type of article Information Asian Comparative Law Journal, Volume 17, December 2022, PP. 286-304 Creative Commons

This paper is an open access dissertation distributed under the conditions of Creative Commons License (Https: // CreativeCommons. Org/Licenses/BY/4. 0/), unlimited in any medium. Distribution and duplication are allowed. The original book is properly quoted.

Introduction

Singapore has been ranked as one of the world's most rotten countries since the Corruption PERCEPTIONS Index was enacted in 1995. However, since the 1990s, Singapore has been in Singapore, such as Ragendran Kussami (Pal), Wilson Radi Permal (Permal), and Dan Tan Seat En (Dan Tan). He is also at the forefront of a large scandal in the sports world, which was involved in bribery and corruption in international soccer games. The notorious silents such as Pal, Permal, and Dan Tan are the main characters of global crime syndicate related to gambling and matchfixing, polluting the reputation of reputed ant i-crime cultivated by Singapore. 。 Note 1) It cannot be denied that Singapore is an international race base.

Fixing (footnotes 2) is the act of mainly players, referees, directors, coaches, etc., to process games and emergency situations, and footnote 3 is the legal nature of local and regional soccer games. Similar to international soccer games such as the 2018 International Football Federation (FIFA) World Cup qualifying, the English Premier League, and the UEFA Champions League match. As a result, Singapore is also called the "Academy of footnotes 4" and is the home of the leader of "the world's most notorious syndicate match". Note 5) It is strange that racial leadership does not affect the ranking or index of the corruption index (Note 6), but without it, Singapore will not get a high score over many years. 。

Since the 1990s, Singapore has been publicly a criminal penalty system on sports for matchfixing in Singapore, despite its worsening reputation as "Academy of Match-Fixers". There are few discussions. Other countries, such as Australia, Germany, and Switzerland, are moving in the direction of enacting the Sports Law on matchfix as an effective means to deter domestic matchfix. Singapore's prosecutions for matchfix acts are subject to general protection of corruption law (PCA). Footnote 7

This project, especially in Singaporean, is a specific Matchfiku in Singapore as a measure against Singapore, based on the widespread matchfixing of local and international soccer games. The aim is to start discussions on whether to establish a singing method. In this paper, Singapore's guidance status in Singapore domestic and local soccer games and international matchfixing activities by Singapore. Next, we will analyze the current regulatory frameworks to compete with Singapore, such as a criminal corruption method in Singapore and a conventional regulatory approach to competing against matchfixing by sports organizations. Next, while referring to examples of Australia, Germany and Switzerland, the feasibility of the Sports Matchfix Law in Singapore is evaluated. Furthermore, the Singapore government will examine whether the Singapore criminal law is missing in the important scope of no n-penalty crimes, where the coaching of sports and other forms must be clearly crime. The project reveals other ways and mechanisms that can be hired in addition to the enactment of sport s-specific laws related to the establishment of a competition in an effective struggle with coaching in Singapore.

In this project, it may not be necessary to have an imminent need to enact sport s-specific laws in order to fight matchfixing in Singapore, but it reduces the risk of matchfixing in Singapore and matches the international community. He concludes that it is necessary to take concrete measures to restore Singapore's reputation for fixing.

The Present Regulatory Framework to Combat Match-Fixing in Singapore

Currently, in Singapore, the authorities are taking legislation and investigation measures for the eradication of matchfix acts based on PCA. Footnote 8 In addition, at the regulatory level of sports, other measures have been taken by the Singapore Soccer Association (FAS), a national sports organization, as well as data monitoring activities by Singapore pools and local betting. This project is specified by Singapore as a measure against Singapore, in light of the widespread matchfixing of Singaporean local, region, and international soccer games. Aim to start discussions on whether the matchfixing method should be enacted. In this paper, Singapore's guidance status in Singapore domestic and local soccer games and international matchfixing activities by Singapore. Next, we will analyze the current regulatory frameworks to compete with Singapore, such as a criminal corruption method in Singapore and a conventional regulatory approach to competing against matchfixing by sports organizations. Next, while referring to examples of Australia, Germany and Switzerland, the feasibility of the Sports Matchfix Law in Singapore is evaluated. Furthermore, the Singapore government will examine whether the Singapore criminal law is missing in the important scope of no n-penalty crimes, where the coaching of sports and other forms must be clearly crime. The project reveals other ways and mechanisms that can be hired in addition to the enactment of sport s-specific laws related to the establishment of a competition in an effective struggle with coaching in Singapore.

Framework under the Prevention of Corruption Act

Currently, in Singapore, the authorities are taking legislation and investigation measures for the eradication of matchfix acts based on PCA. Footnote 8 In addition, at the regulatory level of sports, other measures have been taken by the Singapore Soccer Association (FAS), a national sports organization, as well as data monitoring activities by Singapore pools and local betting. This project, especially in Singaporean, is a specific Matchfiku in Singapore as a measure against Singapore, based on the widespread matchfixing of local and international soccer games. The aim is to start discussions on whether to establish a singing method. In this paper, Singapore's guidance status in Singapore domestic and local soccer games and international matchfixing activities by Singapore. Next, we will analyze the current regulatory frameworks to compete with Singapore, such as a criminal corruption method in Singapore and a conventional regulatory approach to competing against matchfixing by sports organizations. Next, while referring to examples of Australia, Germany and Switzerland, the feasibility of the Sports Matchfix Law in Singapore is evaluated. Furthermore, the Singapore government will examine whether the Singapore criminal law is missing in the important scope of no n-penalty crimes, where the coaching of sports and other forms must be clearly crime. The project reveals other ways and mechanisms that can be hired in addition to the enactment of sport s-specific laws related to the establishment of a competition in an effective struggle with coaching in Singapore.

Singapore does not have a specialized match-fixing offence, but rather general corruption offences, particularly corruption under PCA10 (footnote 9), and match-fixing under a specialized and functionally independent investigative unit, the Corrupt Practices Bureau (CPIB). 11 The CPIB has the power and legitimacy to conduct investigations in both the public and private sectors.

The United Nations Development Programme defines corruption as "the abuse of public power, office or authority for personal gain, including through bribery, extortion, influence peddling, commodification, nepotism, fraud, speed money and embezzlement". 12 This commonly accepted definition of corruption can be read to include the practice of "manipulating sporting competitions" (footnote 13), such as match-fixing (e. g. paying players or officials in soccer matches to manipulate the outcome of a match). Corruption, along with other common crimes of impunity such as conspiracy, fraud and money laundering, was the traditional means of prosecuting match-fixing before specialized instruction offences were enacted around the world.

Under the PCA, anyone who commits a corrupt act or accepts, promises or offers a gratuity as an invitation to act or adjudicate in any matter is guilty of a misdemeanor, punishable by a fine of up to $1 million and imprisonment of up to five years. Footnote 14 It is interesting to note that the PCA allows for broad prosecution of "anyone" (not just Singaporeans or those in Singapore) for corruption occurring anywhere. Footnote 15 Unlike other law enforcement agencies in Singapore, such as the Singapore Police Force (SPF), CPIB investigators are resident civilian investigators rather than seconded from the SPF, and the CPIB director reports to the Prime Minister of Singapore. Moreover, the CPIB has deliberately promoted a separate division from the SPF in the Prime Minister's Department to eliminate cumbersome administrative procedures and excessive bureaucracy that may provide opportunities for corruption, allowing its investigators to be functionally independent in conducting public sector corruption investigations when necessary. Footnote 16

Most local matchfix cases have been charged based on PCA as bribery and corruption. For example, in the 1990s, in Singapore, Pal's evidence and testimony to the FIFA referee had a huge chain (footnote 17), Tilu Rajamanickham (Thiru Rajamanickam), Abbas and Abbas and Abbas. Matchtifics such as third (ABBAS SAAD FOMNOTE 19), Michael Vana (Michael Vana) (disappeared without bail), Kannan (Kannan S/O Kunjiraman), On Ken Hook, etc. 。 Footnote 20 Pal was personally guilty of the 80 0-match of a local game held in 1996 in 1996. Footnote 21 In 2008, six Liaoning Hiromoto players, once belonged to the S League, were found guilty of receiving bribes in 2007 to intentionally missed the S-League match. Paynote 22 Liaoning Hiromoto's general coach escaped the alleged corruption in Singapore, but was eventually charged in a court in Tohoku, Liaoning Province in 2012. Paynote 23 In 2015, the Court in Singapore has been convicted to the three of the Timor Soccer Association, a technical director of the Southeast Asian Games, for a bribe, and imprisoned in prison. Footnote 24

The Singapore Penal Code and 1999 corruption, drug trafficking, and other serious crimes (confiscation of profits) laws (CDSA) have other crimes that are closely related to events, such as conspiracy legs and money laundering. do. Footnote 26 For example, Kannan S/O Kunjiraman and ONG KHENG HOCK were charged not only for PCA matching crimes but also for criminal law collusion. Note 27 Most local matchfix cases have been charged based on PCA as bribery and corruption. For example, in the 1990s, in Singapore, Pal's evidence and testimony to the FIFA referee had a huge chain (footnote 17), Tilu Rajamanickham (Thiru Rajamanickam), Abbas and Abbas and Abbas. Matchtifics such as third (ABBAS SAAD FOMNOTE 19), Michael Vana (Michael Vana) (disappeared without bail), Kannan (Kannan S/O Kunjiraman), On Ken Hook, etc. 。 Footnote 20 Pal was personally guilty of the 80 0-match of a local game held in 1996 in 1996. Footnote 21 In 2008, six Liaoning Hiromoto players, once belonged to the S League, were found guilty of receiving bribes in 2007 to intentionally missed the S-League match. Paynote 22 Liaoning Hiromoto's general coach escaped the alleged corruption in Singapore, but was eventually charged in a court in Tohoku, Liaoning Province in 2012. Paynote 23 In 2015, the Court in Singapore has been convicted to the three of the Timor Soccer Association, a technical director of the Southeast Asian Games, for a bribe, and imprisoned in prison. Footnote 24

The Singapore Penal Code and 1999 corruption, drug trafficking, and other serious crimes (confiscation of profits) laws (CDSA) have other crimes that are closely related to events, such as conspiracy legs and money laundering. do. Footnote 26 For example, Kannan S/O Kunjiraman and ONG KHENG HOCK were charged not only for PCA matching crimes but also for criminal law collusion. Note 27 Most of the local matchfix cases have been charged based on PCA as bribery and corruption. For example, in the 1990s, in Singapore, Pal's evidence and testimony to the FIFA referee had a huge chain (footnote 17), Tilu Rajamanickham (Thiru Rajamanickam), Abbas and Abbas and Abbas. Matchtifics such as third (ABBAS SAAD FOMNOTE 19), Michael Vana (Michael Vana) (disappeared without bail), Kannan (Kannan S/O Kunjiraman), On Ken Hook, etc. 。 Footnote 20 Pal was personally guilty of the 80 0-match of a local game held in 1996 in 1996. Footnote 21 In 2008, six Liaoning Hiromoto players, once belonged to the S League, were found guilty of receiving bribes in 2007 to intentionally missed the S-League match. Paynote 22 Liaoning Hiromoto's general coach escaped the alleged corruption in Singapore, but was eventually charged in a court in Tohoku, Liaoning Province in 2012. Paynote 23 In 2015, the Court in Singapore has been convicted to the three of the Timor Soccer Association, a technical director of the Southeast Asian Games, for a bribe, and imprisoned in prison. Footnote 24

Contractual and Regulatory Framework of Football Players in Singapore

Most local authorities have been prosecuted under the support of PCA (secondary under CDSA), but since the 1990s, have declined matchfixes under the support of PCA (secondary under CDSA). Singapore will claim that the matchfix match has disappeared, but there is no clear evidence of the decrease in matchfix in Singapore's local and regional games. However, a declining prosecution of a Matchfix crime based on a PCA in Singapore may be due to other reasons such as lack of evidence. This has been proven in Dan Tan's case, and he has been detained, but has not been charged with a matchfix in other judicial jurisdictions. Note 28 is said to be due to insufficient evidence. The International Sports Security Center has announced a list of games that have been operated in more than 60 soccer games held by Asian teams since 2011, but have no information on prosecution. Footnote 29 It also included the Asian Games, the ASEAN Football Association Suzuki Cup, and the 2018 FIFA World Cup qualifying (described later).

In any case, it must be acknowledged that Singapore's withdrawal from Malaysia's league in 1994 has drastically reduced local matchfixing opportunities and interests. Permal also confesses not to fix local games because it could be under the jurisdiction of CPIB's strict coach. Footnote 31 Singapore authorities have severely prosecuted matchfix under the support of PCA (secondary under CDSA), but since the 1990s have declined matchfix. Most local authorities will claim that Singapore has lost a matchfix match, but there is no clear evidence of the decrease in matchfix in local and regional games in Singapore. However, a declining prosecution of a matchfix crime based on a PCA in Singapore may be due to other reasons such as lack of evidence. This has been proven in Dan Tan's case, and he has been detained, but has not been charged with matchfix in other judicial jurisdictions. Note 28 is said to be due to insufficient evidence. The International Sports Security Center has announced a list of games that have been operated in more than 60 soccer games held by Asian teams since 2011, but have no information on prosecution. Footnote 29 It also included the Asian Games, the ASEAN Football Association Suzuki Cup, and the 2018 FIFA World Cup qualifying (described later).

In any case, it must be acknowledged that Singapore's withdrawal from Malaysia's league in 1994 has drastically reduced local matchfixing opportunities and interests. Permal also confesses not to fix local games because it could be under the jurisdiction of CPIB's strict coach. Footnote 31 Singapore authorities have been prosecuted strictly for matchfix under the support of the PCA (secondary under CDSA), but since the 1990s have declined prosecutions for matchfixes. Authorities will claim that Singapore has lost a matchfix match, but there is no clear evidence of whether or not the matchfix in Singapore has decreased in local and regional games. However, a declining prosecution of a Matchfix crime based on a PCA in Singapore may be due to other reasons such as lack of evidence. This has been proven in Dan Tan's case, and he has been detained, but has not been charged with matchfix in other judicial jurisdictions. Note 28 is said to be due to insufficient evidence. The International Sports Security Center has announced a list of games that have been operated in more than 60 soccer games held by Asian teams since 2011, but have no information on prosecution. Footnote 29 ASEAN Soccer Association Suzuki Cup, and the 2018 FIFA World Cup qualifying (described later) were included.

It is interesting to note that compared to local and regional football match fixing, there is no record of local Singapore match fixing in international matches, despite the public records and publicity of such practices. As a result of Perumal's arrest in Finland and his placement under the Hungarian witness protection programme, other Singaporean match fixers, including Dan Tan and Tobago, were also prosecuted in Italy and Hungary between 2011 and 2013. Footnote 32 Dan Tan was one of four people to receive detention orders for football coaching offences in Singapore, Footnote 33 who were incarcerated without trial in the "interest of public safety, peace and good order" under the Criminal Law (Temporary Provisions) Act in relation to criminal conduct. Footnote 34 There were some questions about the validity of the grounds for detention under the CLTPA, 35 but Dan Tan was eventually released, although his detention was reinstated in December 2015 with revised grounds for detention. There have been numerous publications, including public ones, about Dan Tan’s matching project since 2010. Although business partners such as Pal and Perumal have come forward to provide evidence regarding Dan Tan’s involvement in Global Match- The determination, neither Dan Tan nor Perumal have been prosecuted by the Singaporean authorities. There is also no information as to whether the Singaporean authorities are taking any active steps to negotiate with Hungary to have Perumal return to Singapore to “deal with the music”.

In addition, the FAS, a Singapore soccer nationwide organization (SGB), is also taking place to eradicate matchfix. Players belonging to the FA and other athletes (coaches, referees, etc.) will be the recipients of sports rules such as the provisions (footnote 36), such as the provisions (footnotes 36) by concluding participation, athlete contracts, and license agreements. 。 In order to obtain a qualification to participate in a specific sports tournament by the FAS, it is essential to accept the rules for matchfix. For example, the Singapore Premier League (SPL) players have a clause in which not only payments from their clubs, as well as payments and gifts for games in the annual model contract of players before the opening of the season. Yes, it is prohibited to be involved in any form of sports corruption and matchfix. Since there is a close relationship between footnote 37 coaching and sports betting, the results of the match, such as members of the club who participate in SPL, staff involved in the daily management of the club, the staff involved in the daily management of the club, and the team. Those who have a job related to the contract are also prohibited from participating in sports betting.

The Feasibility of Enacting Sport-Specific Laws on Match-Fixing

In 2013, the FAS announced sports corruption in Singapore and Zero Torrance against the 80 0-match. Footnote 38 has also been working on the FAS to eradicate matchfix by FAS, a nationwide leading organization (SGB) of Singapore soccer. Players belonging to the FA and other athletes (coaches, referees, etc.) will be the recipients of sports rules such as the provisions (footnote 36), such as the provisions (footnotes 36) by concluding participation, athlete contracts, and license agreements. 。 In order to obtain a qualification to participate in a specific sports tournament by the FAS, it is essential to accept the rules for matchfix. For example, the Singapore Premier League (SPL) players have a clause in which not only payments from their clubs, as well as payments and gifts for games in the annual model contract of players before the opening of the season. Yes, it is prohibited to be involved in any form of sports corruption and matchfix. Since there is a close relationship between footnote 37 coaching and sports betting, the results of the match, such as members of the club who participate in SPL, staff involved in the daily management of the club, the staff involved in the daily management of the club, and the team. Those who have a job related to the contract are also prohibited from participating in sports betting.

In 2013, the FAS announced sports corruption in Singapore and Zero Torrance against the 80 0-match. Footnote 38 is also taking place to eradicate the matchfix by FAS, a nationwide general organization (SGB) of Singapore's soccer. Players belonging to the FA and other athletes (coaches, referees, etc.) will be the recipients of sports rules such as the provisions (footnote 36), such as the provisions (footnotes 36) by concluding participation, athlete contracts, and license agreements. 。 In order to obtain a qualification to participate in a specific sports tournament by the FAS, it is essential to accept the rules for matchfix. For example, the Singapore Premier League (SPL) players have a clause in which not only payments from their clubs, as well as payments and gifts for games in the annual model contract of players before the opening of the season. Yes, it is prohibited to be involved in any form of sports corruption and matchfix. Since there is a close relationship between footnote 37 coaching and sports betting, the results of the match, such as members of the club who participate in SPL, staff involved in the daily management of the club, the staff involved in the daily management of the club, and the team. Those who have a job related to the contract are also prohibited from participating in sports betting.

In 2013, the FAS announced sports corruption in Singapore and Zero Torrance against the 80 0-match. Footnote 38

Approaches Taken by Sports Organisations

Regulatory Approach

In addition, SPL's athletes and officers promise that their close relatives will not participate in any of the sports gambling. In addition, the Code of Conduct imposes a contract duty to report to the club for any contact about matchfixes to the players and officials. Specifically, at the time of the athlete's code, the players are supposed to have a randomated polyigraph test (footnote 39) instructed by the FAS, which is for the players to gamble and to be the 80 0-match. It is for deterring the risk of receiving bribes. Footnote 40 FAS also works closely with the CPIB to eradicate the coaching of players and stakeholders, such as the CPIB providing a story before the S-League club. Footnote 41 FAS has also issued a notification of corruption control recommendations on sports corruption and local laws related to all clubs participating in SPL.

The FAS also adopts discipline and procedures for discipline and ethical regulations of the Asian Football Federation (AFC). These discipline and ethical regulations include a player / officer fraud, involvement in sports gambling, and corruption. The FAS also supports the adoption of the AFC Integrity Action Plan (footnote 42). The plan shows recommended steps to reduce, recognize, and discover, reducing the risk of corruption and guidance in soccer. Furthermore, the SPL's rules and officers promise that their close relatives will not participate in any form of sports gambling. In addition, the Code of Conduct imposes a contract duty to report to the club for any contact about matchfixes to the players and officials. Specifically, at the time of the athlete's code, the players are supposed to have a randomated polyigraph test (footnote 39) instructed by the FAS, which is for the players to gamble and to be the 80 0-match. It is for deterring the risk of receiving bribes. Footnote 40 FAS also works closely with the CPIB to eradicate the coaching of players and stakeholders, such as the CPIB providing a story before the S-League club. Footnote 41 FAS has also issued a notification of corruption control recommendations on sports corruption and local laws related to all clubs participating in SPL.

The FAS also adopts discipline and procedures for discipline and ethical regulations of the Asian Football Federation (AFC). These discipline and ethical regulations include a player / officer fraud, involvement in sports gambling, and corruption. The FAS also supports the adoption of the AFC Integrity Action Plan (footnote 42). The plan shows recommended steps to reduce, recognize, and discover, reducing the risk of corruption and guidance in soccer. In addition, SPL's athletes and officers promise that their close relatives will not participate in any of the sports gambling. In addition, the Code of Conduct imposes a contract duty to report to the club for any contact about matchfixes to the players and officials. Specifically, at the time of the athlete's code, the players are supposed to have a randomated polyigraph test (footnote 39) instructed by the FAS, which is for the players to gamble and to be the 80 0-match. It is for deterring the risk of receiving bribes. Footnote 40 FAS also works closely with the CPIB to eradicate the coaching of players and stakeholders, such as the CPIB providing a story before the S-League club. Footnote 41 FAS has also issued a notification of corruption control recommendations on sports corruption and local laws related to all clubs participating in SPL.

The FAS also uses discipline and procedures for discipline and ethical regulations of the Asian Football Federation (AFC). These discipline and ethical regulations include a player / officer fraud, involvement in sports gambling, and corruption. The FAS also supports the adoption of the AFC Integrity Action Plan (footnote 42). The plan shows recommended steps to reduce, recognize, and discover, reducing the risk of corruption and guidance in soccer.

Other Measures taken by Sports Governing Bodies

However, except for the framework of regulations imposed on players for matchfixes and sports betting, it is a public to reduce the risk of matchfix by players and stakeholders, such as preventing corruption in Singapore's public sector. It is interesting that no measures or protection measures have been taken. In the first place, it is wise to understand that local soccer players and stakeholders have not earned enough to reduce the risk of eight y-longs. The S League had a maximum of 5 digits salaries to players in 1996, but now the average monthly salary of SPL players is 3, 000 Singapore dollars (Note 43), and the Malaysian super league players. Compared to other players in the world, which is paid at least 30, 000 ringgit (about 9, 800 Singapore dollars), it is a fairly poor income to live in Singapore, one of the highest prices in the world. 44). Note 45 The average annual salary of Chinese top leagues, the Chinese football league players, is 1. 051. 603 US $ 1. 051. 603 (about 1. 5000. 000 Singapore dollars), Note 46 about 87. 600 US dollars (about 1. 000 Singapore dollar/ month). Unfortunately, Singapore's soccer has never experienced a salary boom like European soccer, and is a footnote of 47.

If a soccer player has not earned enough income to develop himself and his family, or if he has less income than other competition players, especially as a young player or as much financial benefit as possible before retiring. For athletes at the end of their career as a athlete who wants to get, receiving bribes to earn a little income in exchange for matchfix may be very tempted and vulnerable. In this way, there are no major institutions or labor unions (such as CPIB for public servants) or unions that investigate Singapore's soccer players and stakeholders, despite the widespread use of Singapore.

Singapore Purs is a betting house approved by lottery, horse racing, and soccer gambling, and is a footnoter 49. As part of an effort to reduce the risk of matchfix, Singapore Pures has been providing sports betting data and tracking abnormal betting fraud since its launch in 2015 (Global Lottery Monitoring System. ) He also participates in the global alliance.

The act of dealing with sports competitions is considered to be one of the greatest threats to sports integrity. The impact on sports, which is one of the most important features of sports, impairs the unpredicture of the game result, and the impact on the essence of sports is very serious. In addition, perpetrators use ambiguous means, making it very difficult to prosecute the matchfix incident, especially in team sports. Footnote 50

National Criminal Law Provisions on Match-Fixing and Other Forms of Match Manipulation

As mentioned earlier, the salary of Singapore players is less competitive than players of the same generation in other countries, lower than the average salary of the country. In such a case, the players who are at the end of their careers as a athlete may want to get as many financial benefits as possible before retiring. Singapore's civil servants have regularly reviewed their salaries to reduce the opportunity and temptation of corruption and confirm that they are the same as the private sector. As a result, players are too defenseless to be involved in matchfix. Acts that handle sports competitions is considered to be one of the biggest threats to the integrity of sports. The impact on sports, which is one of the most important features of sports, impairs the unpredicture of the game result, and the impact on the essence of sports is very serious. In addition, perpetrators use ambiguous means, making it very difficult to prosecute the matchfix incident, especially in team sports. Footnote 50

As mentioned earlier, the salary of Singapore players is less competitive than players of the same generation in other countries, lower than the average salary of the country. In such a case, the players who are at the end of their careers as a athlete may want to get as many financial benefits as possible before retiring. Singapore's civil servants have regularly reviewed their salaries to reduce the opportunity and temptation of corruption and confirm that they are the same as the private sector. As a result, players are too defenseless to be involved in matchfix. The act of dealing with sports competitions is considered to be one of the greatest threats to sports integrity. The impact on sports, which is one of the most important features of sports, impairs the unpredicture of the game result, and the impact on the essence of sports is very serious. In addition, perpetrators use ambiguous means, making it very difficult to prosecute the matchfix incident, especially in team sports. Footnote 50

Laws on the Manipulation of Sports Competitions in Australia

In this regard, the SGB's disciplinary jurisdiction, such as the FAS, is limited, so it may be necessary to make criminal punishment for the handling of sports competitions including matchfix. This restriction is due to the fact that SGB can apply the regulation only in the jurisdiction of the members. However, the handling of sports competitions is often performed by internationally active organizational crime groups, and is not within the scope of SGB regulations. As a result, SGB is legally hindered to prosecute gambling or sanction. Therefore, the efforts to fight the unauthorized operation of sports competitions must not be simply an uniform approach by sports organizations, and in order to effectively deal with this problem, the involvement of governments and law execution agencies. Sometimes required. Like an approach to fight doping in sports, adopting a crime specific to sports in sports fraudulent operations in the footnote 51 domestic criminal law is one of the important measures to fight the fraudulent operation of the competition. 。 As a result, sports organizations and governments have taken measures to fight match operations at domestic and international levels, and the outline is as follows.

Sports organizations have long recognized the threats brought by (s o-called acceleration) that affect the results and specific elements of the game. Sports groups have taken various approaches to protect the integrity of sports competitions to oppose coaching and other match operations. The first measure taken by SGBS was to introduce the provisions of sanctions on direct and indirect members. For example, FIFA, a global leader of soccer, has been one of the purpose of preventing match operations for more than 10 years. Footnote 52 The FIFA Terms (2022 edition), which is currently being enforced, clearly mentions the struggle of sports illegal operations as one of the purposes of FIFA. Footnote 53 Furthermore, the involvement of players and other sports officials to the unauthorized impact on the competition is subject to sanctions based on Article 18 of the FIFA discipline (2019 version): Since the SGB's disciplinary jurisdiction is limited, it may be necessary to punish criminal penalties for sports competitions, including matchfix. This restriction is due to the fact that SGB can apply the regulation only in the jurisdiction of the members. However, the handling of sports competitions is often performed by internationally active organizational crime groups, and is not within the scope of SGB regulations. As a result, SGB is legally hindered to prosecute gambling or sanction. Therefore, the efforts to fight the unauthorized operation of sports competitions must not be simply an uniform approach by sports organizations, and in order to effectively deal with this problem, the involvement of governments and law execution agencies. Sometimes required. Like an approach to fight doping in sports, adopting a crime specific to sports in sports fraudulent operations in the footnote 51 domestic criminal law is one of the important measures to fight the fraudulent operation of the competition. 。 As a result, sports organizations and governments have taken measures to fight match operations at domestic and international levels, and the outline is as follows.

Sports organizations have long recognized the threats brought by (s o-called acceleration) that affect the results and specific elements of the game. Sports groups have taken various approaches to protect the integrity of sports competitions to oppose coaching and other match operations. The first measure taken by SGBS was to introduce the provisions of sanctions on direct and indirect members. For example, FIFA, a global leader of soccer, has been one of the purpose of preventing match operations for more than 10 years. Footnote 52 The FIFA Terms (2022 edition), which is currently being enforced, clearly mentions the struggle of sports illegal operations as one of the purposes of FIFA. Footnote 53 In addition, the involvement of players and other sports stakeholders to the impact on the competition is subject to sanctions based on Article 18 of the FIFA discipline regulations (2019 version): SGB like FAS. Due to the limited jurisdiction of the disciplinary jurisdiction, it may be necessary to make criminal punishment for the handling of sports competitions, including matchfix. This restriction is due to the fact that SGB can apply the regulation only in the jurisdiction of the members. However, the handling of sports competitions is often performed by internationally active organizational crime groups, and is not within the scope of SGB regulations. As a result, SGB is legally hindered to prosecute gambling or sanction. Therefore, the efforts to fight the unauthorized operation of sports competitions must not be simply an uniform approach by sports organizations, and in order to effectively deal with this problem, the involvement of governments and law execution agencies. Sometimes required. Like an approach to fight doping in sports, adopting a crime specific to sports in sports fraudulent operations in the footnote 51 domestic criminal law is one of the important measures to fight the fraudulent operation of the competition. 。 As a result, sports organizations and governments have taken measures to fight match operations at domestic and international levels, and the outline is as follows.

"Whether direct or indirect, depending on what acts or failure, those who have illegally affected or operated the games, / or competition courses, results, or in any way. Is punished for or attempted.

Similar rules are also included in soccer continent SGB, such as footnote AFC54 and UEFA. UEFA imposes the suspension sanctions of suspension from the UEFA Club Tournament if UEFA is "convinced" that the alleged club was involved in some matchfix operation. Almost all international sports organizations, 55 football in the world, have a clear provisions on mistrous operations in sports competitions, or to deal with such abuse under the general rules for threatening integrity. I'm doing it. In order to overcome the difficulty of proof of matchfix, many sports organizations have imposed a certain amount of cooperation and obligation to athletes and other athletes. Thus, individuals who are subject to such a sports regulation should support the SGBS matchfix eradication efforts when they notice a matchfix act or start a survey on matchfix acts. Footnote 56
Moreover, most players are prohibited by rules and/or contracts from participating in any form of sports betting. This prohibition may be limited to betting on the particular sport in which the player participates. Furthermore, sports associations may prohibit betting on national matches or matches around the world. In other words, in international sports, each SGB can decide whether and, if so, what type of betting-related conduct is considered appropriate in its sports associations. For example, Football Australia has decided that no member can participate in betting on clubs playing in the same tournament, while the FA and FIFA prohibit betting on soccer matches around the world. Footnote 57 Separately, as part of their regulatory powers, tennis SGBs also define the lawful conduct of their members with regard to betting. Section D(1)(a) of the Tennis Anti-Corruption Scheme (2022 edition) states that a person covered by it “shall not bet directly or indirectly on the outcome or any aspect of any event or other tennis match.” In addition to this global ban on betting on tennis matches, any actual or commercial support for betting on tennis is also prohibited. Footnote 58

The SGB is well aware of the difficulties of proving the involvement of certain athletes in match-fixing practices, due to the burden placed on sports organizations in such sports disputes. To overcome these difficulties, sports organizations have established specialized integrity units (such as the International Tennis Integrity Agency). In 2021, FIFA partnered with the United Nations Office on Drugs and Crime to launch an integrity program for its member organizations. Footnote 59

The SGB has also begun to cooperate and collaborate with operators of so-called fraud detection systems. Footnote 60

Laws on the Manipulation of Sports Competitions in Germany and Switzerland

In 2017, the AFC launched an app for reporting suspected match-fixing practices to make it easier for integrity units to access this information. Footnote 61

Such systems continuously monitor activity in the betting market and sound an alarm if suspicious betting patterns occur.

However, especially in team sports, it is still difficult to fulfill the responsibility of all the players and referees in the spot, because they may be involved in the "80 0-match". As a result, the evidence at the time of collected by the illegal detection system is only an index indicating that a specific game was 800, and is often not a "definitive evidence." To prove the indirect or direct involvement of one of the footnotes 62 participants requires more evidence, such as the game video. For example, in the Lamptey footnote 63 incident, which was contested in the Sports Arbitration Court (CAS), it clearly indicates that Lamptey has affected the game by making an incorrect judgment that will benefit from gambling syndicate. The referee has been sentenced to life in soccer sports based on the provided betting criteria. In this case, the CAS panel was determined as follows:

"The image confirmed by the team clearly shows that both field judgments are directly defeated by the referee. Especially, the PK judgment was made in a few seconds," Vision. There is no time to communicate with the secondary referee 1 to overcome the "hindrance of", and the image of the game in the game is initially blown by a whistle and stops resuming the image of the game. He was trying to continue his actions. In this regard, the committee is a statement on June 28, 2017 by the FIFA Referee, which is not inconsistent with the opinions of the appealers, but especially for FIFA elite referees. It should be noted that it is "unusual" to make a Two illegal judgment during the time (41 and 45 minutes). Thus, the panel pointed out that the betting patterns in the live betting market related to the game are very suspicious. The panel is persuasive in the persuasive opinions of many experts who gave testimony in this arbitration, and specific organizations working in the betting market immediately (that is, immediately after the match). He highly appreciates the betting pattern and has expressed concern about the integrity of the game. However, it is still difficult to fulfill its responsibility, especially in team sports, because all the players and referees on the spot may be involved in the "80 0-match". As a result, the evidence at the time of collected by the illegal detection system is only an indicator indicating that a specific game was 800, and is often not a "definitive evidence." To prove the indirect or direct involvement of one of the footnotes 62 participants requires more evidence, such as the game video. For example, in the Lamptey footnote 63 incident, which was contested in the Sports Arbitration Court (CAS), it clearly indicates that Lamptey has affected the game by making an incorrect judgment that will benefit from gambling syndicate. The referee has been sentenced to life in soccer sports based on the provided betting criteria. In this case, the CAS panel was determined as follows:

"The image confirmed by the team clearly shows that both field judgments are directly defeated by the referee. Especially, the PK judgment was made in a few seconds," Vision. There is no time to communicate with the secondary referee 1 to overcome the "hindrance of", and the image of the game in the game is initially blown by a whistle and stops resuming the image of the game. He was trying to continue his actions. In this regard, the committee is a statement on June 28, 2017 by the FIFA Referee, which is not inconsistent with the opinions of the appealers, but especially for FIFA elite referees. It should be noted that it is "unusual" to make a Two illegal judgment during the time (41 and 45 minutes). Thus, the panel pointed out that the betting patterns in the live betting market related to the game are very suspicious. The panel is persuasive in the persuasive opinions of many experts who gave testimony in this arbitration, and specific organizations working in the betting market immediately (that is, immediately after the match). He highly appreciates the betting pattern and has expressed concern about the integrity of the game. However, especially in team sports, it is still difficult to fulfill the responsibility of all the players and referees in the spot, because they may be involved in the "80 0-match". As a result, the evidence at the time of collected by the illegal detection system is only an indicator indicating that a specific game was 800, and is often not a "definitive evidence." To prove the indirect or direct involvement of one of the footnotes 62 participants requires more evidence, such as the game video. For example, in the Lamptey footnote 63 incident, which was contested in the Sports Arbitration Court (CAS), it clearly indicates that Lamptey has affected the game by making an incorrect judgment that will benefit from gambling syndicate. The referee has been sentenced to life in soccer sports based on the provided betting criteria. In this case, the CAS panel was determined as follows:

Since the clear case that is suspected of a match operation is very rare, SGB has the obligation to cooperate and report the players to request the disclosure of information included in the personal device of the athletes in the survey. It is often used very expensive. However, since footnote 65, since the permission of sports organizations is limited, "I know that sports organizations cannot cope with this threat (that is, sports match operations), and thus public institutions, especially law execution. It is commonly claimed that cooperation with institutions and sports betting organizations is indispensable. Footnote 66 In addition, the identification of crimes by the government has been recognized as a necessary measure to compete with match fixing, which will be described later.

There are various aspects of sports match operations, and depending on the structure and nature of the competition, it may vary from sport to sport. Footnote 67 Probably the most common form of the game operation is the use of matchfix (including 800) and internal information. The former has a direct or indirect influence on the results of the game and specific parts, and in the latter case, the player who has been fraudulently gains private knowledge, so that the betting world can be dominant in the betting world. can. However, the use of internal information does not necessarily have to affect any part of the game, so it is even more difficult to find fraudulent acts.

In recent years, many state governments have introduced criminal crimes such as matchfixing in domestic (state) criminal law. Neonnote 68 However, there is no international approach to the crime of corruption specializing in sports. Domestic (state) criminal law is different in its substantial applicable range. This proves a law specializing in sports on the use of matchfixing and insider information in Australia, Germany and Switzerland. The clear case of suspected matching action is very rare, so the SGB is to cooperate with the players so that they require the disclosure of information included in the competitors' personal devices. Report obligations are often very expensive. However, since footnote 65, since the permission of sports organizations is limited, "I know that sports organizations cannot cope with this threat (that is, sports match operations), and thus public institutions, especially law execution. It is commonly claimed that cooperation with institutions and sports betting organizations is indispensable. Footnote 66 In addition, the identification of crimes by the government has been recognized as a necessary measure to compete with match fixing, which will be described later.

Interim Conclusion

The Convention on the Manipulation of Sports Competitions (Macolin Convention)

Pertinent provisions contained in the Macolin Convention

In recent years, many state governments have introduced criminal crimes such as matchfixing in domestic (state) criminal law. Neonnote 68 However, there is no international approach to the crime of corruption specializing in sports. Domestic (state) criminal law is different in its substantial applicable range. This proves a law specializing in sports on the use of matchfixing and insider information in Australia, Germany and Switzerland. Since the clear case that is suspected of a match operation is very rare, SGB has the obligation to cooperate and report the players to request the disclosure of information included in the personal device of the athletes in the survey. It is often used very expensive. However, since footnote 65, since the permission of sports organizations is limited, "I know that sports organizations cannot cope with this threat (that is, sports match operations), and thus public institutions, especially law execution. It is commonly claimed that cooperation with institutions and sports betting organizations is indispensable. Footnote 66 In addition, the identification of crimes by the government has been recognized as a necessary measure to compete with match fixing, which will be described later.

In Australia, the enactment of criminal penalties for the manipulation of sporting events falls within the legislative powers of state governments. In 2012, the New South Wales (NSW) government pioneered sports criminal legislation for match fixing and the use of inside information for betting purposes. Footnote 69 Since then, all other Australian states except Western Australia (WA) and Tasmania (TAS) have introduced sport-specific criminal offences for sports manipulation. The scope of these criminal offences under Australian state law is generally limited to the sporting events on which betting can be placed. Footnote 70 The resulting gaps in scope relating to betting can be filled by other offences under the Australian Criminal Code, such as corruption and bribery. Footnote 71 The question remains as to why conduct unrelated to the scheme is excluded from the match fixing-specific offence. Furthermore, there is no harmonisation in the substantive scope of the various criminal offences across Australian state laws.

This difference also applies to the criminalisation of the use of inside information. For example, in New South Wales, both the use of corrupt information and the use of inside information for betting purposes are criminalised under section 193Q(1)(2) of the Crimes Act 1900 (NSW), while the specific provision in Victoria (Vic) only refers to the use of corrupt information for betting purposes. 72 That is, section 195F of the Crimes Act 1958 (Vic) is silent on the possession of information that may influence a bettor's behaviour but is not considered corrupt betting (such as information about a bettor's injury). 73 The scope of the substantive use of corrupt information under section 195F of the Crimes Act 1958 (Vic) is therefore narrower than that under section 193Q(1) of the Crimes Act 1900 (NSW) and section 3(7) of the Macolin Convention. The latter defines "inside information" as follows:

"Inside information means any information relating to a sport or competition that is readily available to an interested member of the public, other than information already published or generally known, by reason of that person's position in relation to that sport or competition, or that is disclosed in accordance with the rules governing the relevant competition.

Therefore, simply limiting the use of information for corruption information does not apply to the "Makoline contract" (see below).
Despite these differences, there are further differences in crimes related to matchfixing and other matchfixing established in Australia. For example, based on the 193N Article 193N of the 1900 Criminal Law (New South Wales), human misconduct must be directly related to the sports betting market. Footnote 74 As a result, if the impact on sports events does not have a background related to betting, a person will not be responsible for any misconduct. The crime law (New South Wales), which is included in Article 193n, has a problem in that the handling of sports competitions is not necessarily related to the betting market. The influence of the game may be based on acquiring advantages unrelated to the scheme. Therefore, it may be a matchfix act to earn no n-financial benefits, such as ranking points and opponents who are easy to play in a tournament after team stage. Footnote 75 Such fraud will not be returned to the concept of "Acts to Pelro the Betting Results of the Event" under Article 193N of the 1900 Criminal Law (New Southwales). Since such acts are generally associated with corruption, it is appropriate to approach betting in order to use the internal information described above.
"For the purpose of sports competitions, those involved in the occurrence of sports accidents, so that simply restricting information for corruption information is" Makorin's contract "(see below." ) Does not hit.
Despite these differences, there are further differences in crimes related to matchfixing and other matchfixing established in Australia. For example, based on the 193N Article 193N of the 1900 Criminal Law (New South Wales), human misconduct must be directly related to the sports betting market. Footnote 74 As a result, if the impact on sports events does not have a background related to betting, a person will not be responsible for any misconduct. The crime law (New South Wales), which is included in Article 193n, has a problem in that the handling of sports competitions is not necessarily related to the betting market. The influence of the game may be based on acquiring advantages unrelated to the scheme. Therefore, it may be a matchfix act to earn no n-financial benefits, such as ranking points and opponents who are easy to play in a tournament after team stage. Footnote 75 Such fraud will not be returned to the concept of "Acts to Pelro the Betting Results of the Event" under Article 193N of the 1900 Criminal Law (New Southwales). Since such acts are generally associated with corruption, it is appropriate to approach betting in order to use the internal information described above.
"For the purpose of sports competitions, those involved in the occurrence of a game related to sports or sports accidents. Therefore, simply limiting the use of information for corruption information is" Makorin's contract "(see below). Not hit.

Despite these differences, there are further differences in crimes related to matchfixing and other matchfixing established in Australia. For example, based on the 193N Article 193N of the 1900 Criminal Law (New South Wales), human misconduct must be directly related to the sports betting market. Footnote 74 As a result, if the impact on sports events does not have a background related to betting, a person will not be responsible for any misconduct. The crime law (New South Wales), which is included in Article 193n, has a problem in that the handling of sports competitions is not necessarily related to the betting market. The influence of the game may be based on acquiring advantages unrelated to the scheme. Therefore, it may be a matchfix act to earn no n-financial benefits, such as ranking points and opponents who are easy to play in a tournament after team stage. Footnote 75 Such fraud will not be returned to the concept of "Acts to Pelro the Betting Results of the Event" under Article 193N of the 1900 Criminal Law (New Southwales). Since such acts are generally associated with corruption, it is appropriate to approach betting in order to use the internal information described above.

Is there a need for Singapore to become a signatory to the Macolin Convention?

"For the purpose of sports competitions, those involved in the occurrence of sports accidents.

(A) Get or receive financial interests for others.

(b) Giving others a financial profit;

Commit a crime. "

This provision is sanctioned all matchfix acts, including activities other than betting. However, in the case of no n-material, imagination, or historical values under Article 443a (1) of the Penal Code of 1899, these benefits are not a financial nature, so there is a missing hole. In order to block this legal omission hole, as in the words of Article 2, Paragraph 3 of the IOC Olympic Movement Code, which is related to competition operations ("interests related to corruption in any form") , Wide formatization of the term "profit" should be used. Therefore, the government should carefully consider the scope of sport s-specific laws in the operation of sports competitions when hehehe and establish criminal crimes in this regard. If the perfection of sports is regarded as public benefits that should be protected by the Penal Code, the provisions should be provided in which all acts that may threaten sports will be a crime. Footnote 76

Swiss criminal crimes in the operation of sports competitions, including the Sports Promotion Law (SPA) footnote 77, are similar to the Australian law. Compared to the Australian and Switzerland laws, the German Penal Code (GCC) Article 265C (sports gambling) and Article 265D (professional sports competition operation) have determined the distinction between gambling and no n-gambling crimes on the operation of sports competitions. The related parts are as follows:

Final Remarks and Considerations

(1) As a athlete or coach, it affects the progress or results of the organized sports competition, and demands profits for self or third parties in exchange for the profits of the competition. Those who have promised or accepted, who have gained illegal financial benefits on public sports gambling held at the competition, are imprisoned or fined for less than three years. (a) Get or receive financial interests for others.

(b) Giving others a financial profit;

Commit a crime. "

(b) Giving others a financial profit;

Conclusion

Commit a crime. "

Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland // Asian Journal of Comparative Law. pp. GOST. A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland Singapore: Asian Business Law Institute, pp. Asian Journal of Comparative Law. 2 years ago. A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland. Björn Hessert.

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