Abstract

During the last few years, an increasing number of match-manipulation cases in different sport disciplines have been detected all over the world. Also in Finland there have been, during the very recent years, cases of match-manipulation in football. Match-manipulation is not a new phenomenon in Finland; at the turn of the millennium, some clubs in Finnish pesäpallo (a special type of baseball) faced allegations of betting-related match-manipulation. As a result of these allegations, twenty persons, all of them Finnish nationals, were sentenced for fraud in 2001. As a result of these very recent cases of match-manipulation in football in Finland sentences have been imposed for bribery in business. This research analyses match-manipulation in football. It aims to provide a deep and systematic analysis of the phenomena by discussing its magnitude, link to transnational organised criminality as well as the reasons and the motivations behind the phenomenon. The research identifies different modus operandi of match-manipulation, also highlighting the points of vulnerability. The emphasis of the research is on the prevention side and the focus is on Finland. The aim is on mapping and analysing the Finnish legal responses against match-manipulation, the Finnish criminal code 19.12.1889/39 and the relevant criminal case law are in the centre of the research. A short comparative part is presented to illustrate the Nordic perspective on combating the phenomenon. A hybrid of methods is used: legal dogmatics, criminological theories and criminal policy views are combined. This research works as an opener for further research of match-manipulation in Finland, in Scandinavia and also globally.

Highlights

  • During the last few years, an increasing number of match-manipulation cases in different sport disciplines have been detected all over the world

  • The Study on match-fixing in Sport (KEA European Affairs 2012) found that match-manipulation is criminalised in all Member States of the EU, the criminalisation of the different forms of actions relating to match-manipulation varies greatly from one country to another

  • In Finland, non-betting-related match-manipulation offences are prosecuted as bribery in business (Chapter 30, section 1–4, of the Finnish CC)

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Summary

Introduction

Attempts to manipulate sports results, including in an organised manner and at the international level, constitute an important threat for the integrity of sport. (Council of Europe 2012). The research identifies different modus operands of match-manipulation After this general view of the phenomenon, concentration is paid on mapping and analysing the Finnish legal responses against match-manipulation, emphasising the Finnish criminal code (19.12.1889/39; hereafter CC) and the relevant criminal case law.. The analysis is carried out on two levels: (1) the offences of bribery in business related to match-manipulation are analysed as normative offences, as defined in the Finnish CC and (2) as decisions of the Finnish courts.. The analysis is carried out on two levels: (1) the offences of bribery in business related to match-manipulation are analysed as normative offences, as defined in the Finnish CC and (2) as decisions of the Finnish courts.10

Corruption and sports
Match-manipulation
Betting-related match-manipulation
International betting
Motivations of match-manipulators
Roles of TOC groups in match-manipulation
Match-manipulation in Finland
Cases of Match-Manipulation in Finland
E: Passive bribery in business and abetting active bribery in business
Actions against match-manipulation in Finland
Actions and actors to counter match-manipulation in Finland
Criminalisations - Bribery in business
Are Finnish football clubs carrying on business?
What can constitute favouring the giver of the bribe?
Roles and the liabilities of intermediaries
Participation in the activity of an OC group by the briber
Sweden
Norway
The challenges in the prevention of matchmanipulation
Transnational problem needs the inter-state co-operation
Steps to be taken in Finland
50 See a proposal for anonymous witnessing in Finland
Findings
Closing comments
Full Text
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