2021

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

Summary:Any person who encourages, instructs, or influences a participant in a sporting event or a betting event to engage in conduct that would rig that event, with the intent to obtain goods, services, privileges, or advantages of any kind to which they are not entitled, for themselves or for another person, shall be held criminally liable in accordance with Article²⁴²¹of the Criminal Code of the Republic of Moldova. Conversely, if a participant in a sporting or betting event fails to fulfill the obligation in question and engages in the conduct demanded by the perpetrator of the offense provided for in Article²⁴²¹of the Criminal Code of the Republic of Moldova, then they may be held liable under disciplinary or contractual provisions for both failure to report and for conduct contrary to the principleof fair playduring the event, but not criminally liable. In this article, the author argues for the need to criminalize the act of a participant in a sporting or betting event who partially or completely eliminates the unpredictable nature of the event in which they are competing, taking into account the principleof ultima ratio.

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