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Macolin Convention on Competition Manipulation
Legal Commentary and Sports Integrity Database

Netherlands

Regulations

I. General criminal law provisions

  1. Criminal Code

A. Public sector

Bribery of foreign public officials and officials of public international organizations – Art. 178a, 364a

B. Private sector

Bribery in the private sector - Article 328ter, Criminal Code

"1. A person who, in a capacity other than that of public servant, either in the service of his employer or acting as an agent, accepts a gift or promise in relation to something he has done or has refrained from doing or will do or will refrain from doing in the service of his employer or in the exercise of his mandate, and who, in violation of the requirements of good faith, conceals the acceptance of the gift or promise from his employer or principal, is liable to a term of imprisonment of not more than one year or a fine of the fifth category.

2. The punishment in sub-section 1 is also applicable to a person who makes a gift or a promise to another person who, in a capacity other than that of public servant, is employed or acts as an agent, in relation to something that person has done or has refrained from doing or will do or will refrain from doing in his employment or in the exercise of his mandate, the gift or promise being of such nature or made under such circumstances that he might reasonably assume that the latter, in violation of the requirements of good faith, will not disclose the gift or promise to his employer or principal."

Embezzlement of property in the private sector - Articles 321-322, Criminal Code

Art. 321 - "Any person who intentionally and unlawfully appropriates any property wholly or partially belonging to another person which the latter has in his possession other than through the commission of an indictable offence, is guilty of embezzlement and liable to a term of imprisonment not exceeding three years or a fifth-category fine."

Art. 322 - "Embezzlement committed by any person who has the property in his possession by virtue of his employment or profession, or in return for monetary consideration, renders that person liable to a term of imprisonment not exceeding four years or a fifth-category fine."

Fraud - Article 326, Criminal Code

“1. He who, with the intention to favour himself or another unlawfully, either by adopting a false name or a false appearance, or by vicious tricks, or by a fabric of lies, entices someone to hand over a good, to provide a service, to place at someone´s disposal data, to enter into a debt or to annul a debt, is considered to be guilty of fraud, punished with a prison sentence of a maximum four years or a fine of the fifth category.

2. In case the act is committed with the intention to prepare a terrorist offence or to facilitate it, the prison sentence is increased by one third”.

II. Sport Specific Provisions

The match-fixing specific regulations of the Dutch Instituut Sportrechtspraak (the “ISR”) are applicable to a majority of Dutch sport federations governed by it (exclusions include, however, the governing bodies of the of football and tennis, among others; to be noted is that these are in the process of revision).

Article 2 addresses "Match Manipulation (Match fixing)", stating that "... manipulation involves the manipulation of sports matches. Match fixing is intentional. To make arrangements, acts or omissions aimed at changing the results or course of sports competitions, in order to fully or partially negate the unpredictable nature of these sports competitions with a view to obtaining an unjustified advantage for oneself or third parties.”

Under Article 3 paragraph 1, members, as defined under the regulations, are to refrain from such intentional arrangements, acts or omissions, as well as certain defined betting related activity (paragraph 2 to 4 of Article 3, as defined under Article 0.22), both of which are made punishable pursuant to the second paragraph of Article 2 as such conduct would constitute a violation of the regulations

Penalty - Under the above regulations, penalties are specified under Article 24, which may include, reprimand; prohibition from participation in one or more activities of the sports organization for a maximum period of three years; prohibition from exercising one or more rights granted to members of the sports organization for a maximum period of three years; prohibition from holding one or more positions in the sports organization for a maximum period of ten years; suspension for a maximum period of five years; and expulsion (disqualification) as a member of the sports organization.

Last update: 01.07.2023