SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
were disqualified, her provisional suspension was lift - ed because she proved “no fault”. Oucif Houssem (2026) This recent case involved a provisional suspension (starting in January 2026) for the presence of stano - zolol (an anabolic steroid), demonstrating the ongo - ing surveillance of high-level individual athletes in the region. 1.2 Misconduct and Match-Fixing In Spain, the legal framework for sports integrity has evolved significantly to address the modernisation of match-fixing and illegal gambling. These offences are treated as serious crimes against both public health and the socio-economic order. Key Legislation in Spain The primary legal tools used to combat athlete mis - conduct, fraud and match-fixing are as follows. • The Spanish Penal Code (Article 286 bis 4) – this is the cornerstone of sports integrity law. Introduced in 2010 and reinforced in 2015, it specifically crimi - nalises “sports corruption”. • The crime determines the punishment for directors, administrators, athletes and referees who seek to deliberately predetermine or alter the result of a match or competition. Regarding penalties, prison sentences range from six months to four years, fines up to three times the profit obtained, and professional disqualification up to six years. • The Gambling Act (Law 13/2011) – this regulates both land-based and online betting. It strictly prohibits athletes, referees and team-owners from betting on events within their own sport. • The Sports Law (Law 39/2022) – this modernises the administrative side of sports, requiring federa - tions to have specific integrity protocols and whis - tle-blower channels to report suspicious behaviour. Steps Taken by Governing Bodies Spanish sports entities (such as LaLiga and the Royal Spanish Football Federation (RFEF)) take proactive measures that often go beyond the requirements of the Penal Code:
• SIGMA (National Protection Network) – managed by the Spanish Gambling Regulator ( Dirección General de Ordenación del Juego , DGOJ), this is a co-operative network where betting operators must immediately report irregular or suspicious betting patterns to the police and sports federations; • whistle-blower portals – LaLiga maintains a dedi - cated integrity channel (integridad@laliga.es) where players or the public can anonymously report match-fixing attempts; • integrity workshops – professional leagues conduct mandatory annual seminars for all players, from youth academies to the first division, to educate them on the legal risks of “third-party bonuses” (payments to win or lose); and • software monitoring – organisations such as Spor - tradar are hired to monitor global betting markets 24/7 for any fluctuations that might suggest a fixed match. Recent Noteworthy Cases The Osasuna case (final rulings 2023–2024) This landmark case involved former executives of CA Osasuna paying players from other teams to win against certain opponents and lose against Osasuna to avoid relegation. It was the first case in Spain where directors were sentenced to prison specifically for “sporting corruption”. In 2024, UEFA also enforced a ban on the club from European competitions based While not a “match fix” in the traditional sense of a specific score, this ongoing investigation involves FC Barcelona making payments to a company owned by José María Enríquez Negreira, the former vice- president of the Technical Committee of Referees. The courts are investigating whether these payments constituted “continued sports corruption” aimed at on these historical integrity violations. The Negreira case (ongoing 2024–2026)
influencing refereeing decisions. 1.3 Betting-Related Offences
Betting is legal and strictly regulated in Spain. The legal framework differentiates between the general public and relevant individuals in the sporting world, for whom betting on their own sport is a serious offence.
290 CHAMBERS.COM
Powered by FlippingBook