RULES & REGULATIONS
The legal basis from which the code of conduct and punishments is derived is entrenched in the DFB Statutes and Regulations as well as in the National Law.
- DFB Statutes and Regulations
- National Law
- Contractual Requirements
DFB Statutes and Regulations
The regulations derived from DFB of the DFB Legal and Procedural Regulations are entrenched in the DFB Legal and Procedural Regulations. Aspects regulated in these are the prohibition of match-fixing (§ 6a of the DFB Legal and Procedural Regulations), prohibition of betting (§ 1 No 2 and 3 of DFB Legal and Procedural Regulations), prohibition of disclosure of inside information (§ 1 No 2 and 3 of the DFB Legal and Procedural Regulations) and also reporting obligations (§ 1 No 2 of the DFB Legal and Procedural Regulations).
Breaches of these rules constitute unsportsmanlike conduct and will be sanctioned in accordance with § 44 of the DFB Statutes. Possible sanctions are suspension and fines.
In addition, the unsportsmanlike conduct of just one person can have consequences for the whole team. If it becomes known that a match was manipulated, the opponent can lodge an objection against the result of the match. This could lead to a replay of the match or the result of the match could be re-evaluated in favour of the opposing team (§§ 17, 17a of the DFB Legal and Procedural Regulations).
Irrespective of the sanctions applied to individual players or to the team, match-fixing can have far-reaching consequences for the club because the club will be remembered for a long time as having been involved in match-fixing. This damages the reputation of the club for a long period and discourages sponsors, thereby damaging the club’s finances. Spectators and fans could turn away from the club if they know that matches were fixed and a fair and unpredictable competition is no longer guaranteed.
Prohibition of Match-Fixing
§ 6a of the DFB Legal and Procedural Regulations stipulates the following: Whosoever in particular as a player, referee, coach or club official takes action to influence the course and/or the result of a football match and/or sporting competition by knowingly making false decisions or by some other unauthorized influence with the intention of gaining an advantage either for himself/herself or for a third party is guilty of match-fixing.
This does not apply to players who attempt to gain an exclusively match-related sporting advantage during a match by the infringement of a football rule; however, such players will still be subject to punishment for unsportsmanlike conduct in accordance with § 1 no 4 of the DFB Legal and Procedural Regulations (sporting offence), which remains unaffected.
The result of a match, or the game itself must therefore never intentionally be influenced in any way contrary to good sportsmanship for the purpose of gaining an advantage for a person or for any third party.
Prohibition of Betting
According to § 1 No 2 and 3 of the DFB Legal and Procedural Regulations, players, coaches, club officials and referees are forbidden from placing bets on matches of their own teams and on matches in competitions in which their own teams are taking part. This also applies to bets on matches or competitions in which other teams of their clubs are participating (e.g. youth teams and second teams). Furthermore, they are not permitted to ask third parties (e.g. family, friends or acquaintances) to place such bets on their behalf.
Prohibition of Disclosure of Inside Information
In accordance with § 1 no 2 of the DFB Legal and Procedural Regulations players, coaches, club officials and referees are obliged not to disclose any sports betting-related information which is not accessible to the general public, or their specialist knowledge to any third parties.
The term ‘inside information’ means any information to which a person has access as a result of his function as player, coach, referee, club official etc. and which is not generally known. Examples of such inside information would be the information that a regular player in the team will not be chosen to play or any information at all about the team, strategies, the state of club finances or who the referee will be.
Such inside information must not be made accessible to third parties. Absolute confidentiality must therefore be maintained in particular on social networks but also in conversations with family and friends.
Reporting Obligation
Players, coaches, club officials and referees are obliged to immediately report any money or other benefit offered by third parties or by another club to fix matches (§ 1 no 2 and 3 of the DFB Legal and Procedural Regulations). This applies irrespective of whether the player, coach, club official or referee received or did not receive money or a benefit, i.e. irrespective of whether he agreed or did not agree to manipulate the match.
Furthermore, just the knowledge of the existence of an infringement of the requirement to prohibit match-fixing and prohibit unlawful betting, or knowledge of the disclosure of inside information is subject to the reporting obligation – even when the player, coach, club official or referee him/herself has nothing to do with the infringement.
The reporting obligation can be fulfilled by making immediate contact with the DFB or the Ombudsman. There are several channels to report an incident.
National Law
National law stipulates that the manipulation of matches constitutes a criminal offence, irrespective of whether betting was involved or not.
The criminal offence of sport betting fraud is defined in § 265c of the German Criminal Code (Strafgesetzbuch). This defines that athletes, coaches or persons who are considered comparable to these are guilty of an offence if either for themselves or for third parties they request, are promised or accept a benefit to influence the course or result of a match, resulting in a financial advantage which arises from public sports betting on this competition. Whether or not a regulation is actually violated is not relevant. In this way players can, for example, make themselves indictable just by promising to give an advantage by performing significantly below their capabilities, e.g. assisting the opposing team to score a goal by providing a weak defence.
In accordance with § 265d of the German Criminal Code (Strafgesetzbuch) sports-related match-fixing fulfils the requirement for a criminal offence even if there is no connection to any sport betting. By contrast to the legal prerequisites for sport betting fraud, § 265d requires that there be an anti-competitive influence on the course or the result of a match. As a result, attempted ‘competitive-intrinsic’ advantages, or in other words: attempted competitive advantages of a typically sporting nature do not fulfil the legal requirements of § 265d. Moreover, a prerequisite is that it concerns only professional sports competitions.
‘Sports betting fraud’ or the ‘manipulation of professional sports competitions’ could lead to a fine or a term of imprisonment of up to three years, depending on the actual misconduct involved. Particularly serious cases § 265e German Criminal Code (Strafgesetzbuch) could result in a term of imprisonment of up to five years.
Contractual Requirements
Regulations of the DFB Legal and Procedural Regulations in the area of match-fixing are also part of the licensing and employment contracts for professional and contract players, as well as for the promotion contracts for youth players. This means that in addition to the consequences under association law and the Criminal Code, the player's labour relations may also be affected.
