Law on the Prevention of Violence in Sports Stadiums

PURPOSE.- The purpose of this Law is to foster the conditions of security and prevent acts of violence and intolerance during sporting events held in Football Stadiums and Sports Facilities, for which purpose rules of conduct are established that must be observed in a mandatory manner and, failing that, the corresponding sanctions shall be applied.

OBJECTIVES.- The specific objectives of this Law are:

• 1)

  To maintain citizen security and public order in sporting spectacles offered in Football Stadiums and Sports Facilities, as well as in all related activities that take place in the surrounding areas of these, before, during and after;

• 2)

  To establish, in relation to football and other federally-sanctioned sports in the country, a sports disciplinary regime, applicable to those who commit acts of violence or display intolerance, including any form of racism or xenophobia; and,

• 3)

  To determine the administrative sanctioning regime against acts of violence and intolerance in football and other sports.

PASSIVE SUBJECTS OF THE LAW.- This Law is applicable to:

• 1)

  Natural or Legal Persons Organizing events of any kind;

• 2)

  Natural or Legal Persons responsible for the administration of Football Stadiums and Sports Facilities; and,

• 3)

  Spectators and Other Attendees such as: food vendors, beverage vendors, persons from the bleachers, vendors of various products such as: scarves, caps, t-shirts, etc.

DEFINITIONS. For the purposes of this Law, the following terms are understood as:

• 1)

  Football Stadium and Sports Facilities: It is an enclosure or sports facility for the holding of professional football matches or competitions or other sports conducted by the First and Second Division leagues or equivalents of other sports and, which has, at least the following elements:

  • a)

    A playing field or pitch with the minimum measurements authorized by the International Association Football Federation (FIFA) or the respective federation;

  • b)

    A solid perimeter wall; and, c) Grandstands and in some cases chairs and boxes for spectators.

• 2)

  Area Adjacent to the Stadium or Sports Facility: Geographic space, comprised within a radius of five (5) kilometers, measured from the perimeter of the Football Stadium or Sports Facility.

• 3)

  Sports Bars: These are persons grouped or organized, in a temporary or permanent manner, to cheer for and support a particular Sports Club or Team.

• 4)

  Harmful Consumption of Alcoholic Beverages: In the broad sense, it refers to the quantity or pattern of alcohol consumption that causes harmful health and social effects for the drinker, for those around him/her, and for society in general, taking into account the unique characteristics of each individual (body weight, age, gender, medication use and state of health) and the health problems that are directly related to it. Pregnant women and minors are more vulnerable to the toxic and psychoactive effects of alcohol.

• 5)

  Intolerance: These are all manifestations, attitudes, messages, declarations, simple or any type of behavior of an individual or group, offensive to human dignity, with the purpose of minimizing or differentiating from another individual or from those whose physical characteristics, ideas or thoughts are different from their own. Intolerance usually is a source that generates conflicts and acts of violence.

• 6)

  Violence: It is any action that individuals or groups execute against another or other individuals, which causes physical, moral and/or psychological damage or harm to the aggrieved person.

• 7)

  Moderate Consumption: A habit of alcoholic drink which by deduction, contrasts with Harmful Consumption. It denotes a consumption of moderate amounts that does not cause problems. This expression is comparable with the so-called "low-risk consumption".

• 8)

  Natural or Legal Persons Organizing Sporting Events: These are the Natural or Legal Persons, legally represented by a natural person, responsible for the organization of a sporting event or football match, which in coordination with the administration of the sports facility where the match takes place, are responsible for the implementation of security measures before, during and after each event.

• 9)

  Natural or Legal Persons Responsible for the Administration of Football Stadiums or Sports Facilities: These are the Natural or Legal Persons, legally represented by a natural person, who are in charge of the administration of sports facilities where football competitions and other sports are conducted and, which in coordination with the organizers of the sporting encounter, are responsible for the implementation of security measures before, during and after each match.

• 10)

  Spectators and Other Attendees: These are the Natural Persons who enter the enclosure or stadium where a sporting encounter will take place, with their ticket or pass or, with courtesy passes for work reasons or other type and, who are not comprised in the categories of organizers, administrators of sports facilities.

DEFINITIONS. For the purposes of this Law, the following terms are understood as:

• a)

  A playing field or pitch with the minimum measurements authorized by the International Association Football Federation (FIFA) or the respective federation;

• b)

  A solid perimeter wall; and,

• c)

  Grandstands and in some cases chairs and boxes for spectators. 2) Area Adjacent to the Stadium or Sports Facility: Geographic space, comprised within a radius of five (5) kilometers, measured from the perimeter of the Football Stadium or Sports Facility. 3) Sports Bars: These are persons grouped or organized, in a temporary or permanent manner, to cheer for and support a particular Sports Club or Team. 4) Harmful Consumption of Alcoholic Beverages: In the broad sense, it refers to the quantity or pattern of alcohol consumption that causes harmful health and social effects for the drinker, for those around him/her, and for society in general, taking into account the unique characteristics of each individual (body weight, age, gender, medication use and state of health) and the health problems that are directly related to it. Pregnant women and minors are more vulnerable to the toxic and psychoactive effects of alcohol. CHAPTER II RESPONSIBILITIES, OBLIGATIONS AND PROHIBITIONS OF THE SUBJECTS OF THE LAW SECTION I NATURAL OR LEGAL PERSONS ORGANIZING FOOTBALL EVENTS, OTHER SPORTS AND ADMINISTRATORS OF FOOTBALL STADIUMS AND SPORTS FACILITIES

ADMINISTRATIVE RESPONSIBILITY OF PERSONNEL.- To prevent acts of violence and intolerance in Football Stadiums and Sports Facilities, the organizers and administrators of such events and facilities, whether Natural or Legal Persons, legally represented by a natural person, are administratively responsible for implementing all measures and provisions contained in this Special Law, in its Regulations and in the statutory regulatory provisions of the corresponding sports organization. Likewise they are responsible for implementing the Agreements and Resolutions issued by the National Commission for Security and Intolerance in Football Stadiums and Sports Facilities or The Commission. The omission or failure to comply gives rise to the imposition upon the Natural or Legal Person responsible, of sanctions in the manner provided by this Law. The Natural or Legal Person organizer or administrator is responsible for material or physical damages that occur in the Football Stadium and Sports Facility or in the respective event; to which the preventive measure or foresight should have been implemented; without prejudice to the right of the latter to pursue against the Natural or Legal Person directly responsible for the Event or Sports Facility.

DUTY OF DELIMITATION.- For the effective fulfillment of responsibilities and obligations, as well as for the effective application and individualization of the responsibilities and sanctions provided for in this Special Law and its Regulation, the organizers of football matches or other sports and the administrators of sports facilities, must delimit the obligations established in this Law, through an Agreement, Contract or Convention that they sign for each event, match or series of championship events; the lack of the agreement, contract or convention results in joint liability for the event organizer or in any case the administrator of the Football Stadium or Sports Facility.

MEASURES TO PREVENT ACTS OF VIOLENCE AND INTOLERANCE.- To prevent acts of violence and intolerance in Football Stadiums and Sports Facilities, the organizers of such events and those legally responsible for the administration of the Facilities where they are held, each within the scope of their competence; must fulfill the following responsibilities and obligations:

• 1)

  To ensure respect for and compliance with the rules of conduct for spectators, in relation to access and stay in Football Stadiums and Sports Facilities to witness a match or competition;

• 2)

  Not to permit the employment of minors in the sale of alcoholic beverages and tobacco, except in authorized cases in accordance with the Labor Code;

• 3)

  Not to permit the sale of alcoholic beverages and any other narcotic to minors;

• 4)

  To exercise unrestricted control over the entry of persons to the field area, except for authorized personnel;

• 5)

  To provide full cooperation to the competent authorities for the prevention of violence and intolerance;

• 6)

  To prevent the entry of persons, whether spectators, managers, vendors, among others, in an evident state of intoxication; carrying weapons of any nature or sharp objects; as well as bags, cigarettes in general, flammable, smoke-producing or corrosive products or any other that represents a danger to security;

• 7)

  To promote the moderate consumption of alcoholic beverages, in the advertising content of the event and within the sports facility during it;

• 8)

  To prevent harmful consumption of alcoholic beverages. Only the sale and consumption of moderate beverages, including beer, is permitted, provided that the alcohol content is less than or equal to five percent (5%) by volume of alcohol;

• 9)

  To ensure that the distribution of permitted beverages is carried out by authorized retailers and that the end consumer is provided in cardboard or plastic cups;

• 10)

  To exercise proper and rigorous control over the entry of retailers and their employees, suppliers of products and services and of the products for sale, one day before the event and subsequently in the hours prior to its realization;

• 11)

  To adopt the necessary measures for the immediate cessation of prohibited acts, in cases where the preventive security and control measures have failed;

• 12)

  To actively collaborate in the location and identification of violators of the prohibited conduct by this Law;

• 13)

  To provide sports facilities, on a permanent or event basis, with an effective communication system with the public to transmit necessary messages;

• 14)

  To establish or delimit spaces within Football Stadiums and Sports Facilities, on a permanent basis, to locate sports bars or fans separately according to their respective preference;

• 15)

  To establish by hour and gate, the schedule of entry and exit of fans, in order to avoid potential confrontations and disorders;

• 16)

  To signpost exit routes with symbols, in addition to conventional written texts, to guarantee access for persons with special capacities;

• 17)

  To design courses or workshops on education for peace and non-violence in Football Stadiums and Sports Facilities and surrounding areas, likewise to schedule educational and preventive campaigns, aimed at preventing violence in such facilities through the press, radio, television, Basic, Secondary, and University Education Centers and other educational centers, as well as the mandatory collaboration of football clubs and other sports that make up the Professional Football National League, Federated Sports and their sponsors;

• 18)

  In every paid spectacle of any kind, there must be entrance controls, such as: registration, patting down and detention of weapons; and,

• 19)

  To comply with any other measure that as a result of new practices proves necessary to implement, at the discretion of The Commission.

PARTIAL OR TOTAL RESTRICTION OF THE SALE AND CONSUMPTION OF BEVERAGES.- Organizers of sporting events may, following a favorable ruling from The Commission, restrict, partially or totally, the possession, sale and consumption of alcoholic beverages in a particular sporting encounter. The request for such ruling must be presented in writing, setting forth the reasons that justify the measure.

INCORPORATION INTO REGULATORY PROVISIONS OF SPORTS ENTITIES.- The causes for which access to sports facilities can be denied must be incorporated into the regulatory provisions of all sports entities and federations and, must also be recorded in a visible manner in publications to that effect, on the tickets and at the access points to the facility. SECTION II SPECTATORS AND OTHER ATTENDEES AT SPORTING SPECTACLES

CONDITIONS OF ACCESS TO FOOTBALL STADIUMS AND SPORTS FACILITIES.- The following are conditions of access to Football Stadiums and Sports Facilities:

• 1)

  It is strictly prohibited for spectators and attendees at sporting events to:

  • a)

    Enter sports facilities carrying alcoholic beverages, in an evident state of intoxication or, under the influence of drugs or narcotics;

  • b)

    Introduce, carry or use any class of weapons or other objects that could produce the same effects, as well as flares, fireworks, explosives or in general flammable, smoke-producing or corrosive products;

  • c)

    Introduce sharp or blunt objects that could endanger the physical integrity of athletes, competitors, referees and spectators or fans in general;

  • d)

    Enter in disguise or with paint or attire that could make identification difficult or impossible; and, e) The entry of flags, posters, banners, with texts, graphic elements, symbols and other signs that violate the dignity of the human person, morality, good customs and peaceful coexistence and, that do not align with the spirit of a sporting spectacle, as well as those that are symbols of political parties or movements or that incite violence or intolerance; in particular messages that insult or threaten based on reason of racial, ethnic origin, religion, political convictions, disability, age, sex or sexual orientation.

• 2)

  Spectators, retailers and their employees, service personnel and in general attendees at football and other sports spectacles, are obligated to submit to pertinent controls for the verification of compliance with the conditions established in the preceding numeral and in particular:

  • a)

    Allow themselves to be recorded through closed-circuit television in the vicinity of the Stadium or sports facility, in its access points and in the interior thereof;

  • b)

    Submit to personal search when so ordered and conducted by the competent authority; and, c) Enter the Stadium or sports facility, through security arches or metal detectors.

• 3)

  Entry to the Football Stadium and Sports Facilities is prohibited for any person included in any of the legal prohibitions or who refuses to submit to pertinent controls, including making entry through security arches or metal detectors, so long as they do not cease their attitude. The Natural or Legal Persons organizing sporting events and the administrators of Football Stadiums and Sports Facilities are responsible for compliance with these provisions.

PROVISION OF INFORMATION ABOUT FOLLOWERS OR MEMBERS OF THE BARS.- The management members of sports bar teams, protagonists of sporting events, are obligated to comply with the following responsibilities: 1) To prepare a census and provide to the competent authority, all available information about the groups of followers or members of the bars, regarding composition, organization, behavior and evolution, as well as the displacement plans of these groups, means of transportation, localities sold and spaces reserved in the sports facility; and, 2) To refrain from providing or facilitating to persons or groups of followers or fans who have incurred in non-compliance with the obligations or violation of the provisions of this Law, censuses, means of transportation, facilities, subsidies, free tickets, discounts, publicity or dissemination or, any other type of promotion or support of their activities. CHAPTER III MEASURES OF CONTROL, SURVEILLANCE AND SECURITY

CLOSED CIRCUIT, METAL DETECTORS AND INFORMATION ON SECURITY MEASURES.- It is mandatory for Natural or Legal Persons responsible for the administration and maintenance of the facility or Sports Facility:

• 1)

  The installation of closed-circuit television systems for recording the capacity and recording the complete stadium of Stadiums or Sports Facilities, including the surrounding areas where public congestion may occur. All necessary measures must be adopted to guarantee the permanent and proper functioning of this equipment;

• 2)

  The use of metal detectors to control the entry of all persons at all entrances of the stands or luxury boxes or preferred sites such as boxes. The detectors can be manual and/or installation of metal arches at the access points or sports facilities where feasible;

• 3)

  To inform about the security measures established in the sports facility. The information must be included in the sports facility. The information must be included in the facility on the reverse side of the admission tickets or courtesy passes, on signs posted at the access gates and on the interior of the sports facility; and,

• 4)

  The devices referred to in the preceding numerals 1) and 2) can be installed on a permanent basis. The aspects contained in this Article must be developed in the Regulation of this Law.

REGISTRY BOOK OF FOLLOWER ACTIVITIES.- The Registry Book of Follower Activities must comply with the following:

• 1)

  Clubs and/or any entity organizing competitions and sporting spectacles that are formally established, must have a Registry Book, which must contain at least: full name and general information of management members; full name and general information of members, copies of identity card, telephone numbers and home address of the leaders that follow them; activities to be carried out and responsible persons. In the same manner the Club or organizing entity, must register the members of the fan bars and/or any other organization in fact, that supports them. The Commission must determine the need to provide greater data, validate and supervise the use of the Registry Book;

• 2)

  Without prejudice to compliance with current legal provisions on the protection of personal data, the Registry Book must be available to any government authority, for investigation purposes; to the Coordinator of Security of the facility and the event; and to the Commission;

• 3)

  The Registry Book must be updated whenever necessary;

• 4)

  Teams or clubs must maintain a roster or census of members of the bars and provide them with identification or a card.

DECLARATION OF HIGH RISK OF FOOTBALL MATCHES AND OTHER SPORTS. CRITERIA.- The criteria for the declaration of High-Risk Sports are:

• 1)

  Clubs, federations, professional football leagues and/or organizers of sporting events or encounters, must notify the official competent authority in matters of security, with at least forty-eight (48) hours in advance; if the football match, encounter or sporting event, is classified as High Risk;

• 2)

  Minimum criteria for the classification of a football match or sporting event, as High Risk are:

  • a)

    History of acts of violence by fans attending the event, especially if there are organized groups that have staged incidents previously;

  • b)

    If the fans or organized groups, are calling for violence through forums or social networks or, if there have been confrontations between bars;

  • c)

    If there is evidence that the most radical groups or fans are going to attend the event; and, d) If the bar or support group of the contending teams is violent, whether one or both of the bars.

• 3)

  The classification of High Risk corresponds, to the Commission, following a proposal from the clubs, federations, Professional Leagues and/or organizers of sporting events, who in this case must reinforce security measures; and,

• 4)

  The security measures that must be implemented by the organizers of a sporting event and the administrators of Football Stadiums and Sports Facilities, must comprise at least:

  • a)

    The Ticketing System;

  • b)

    To describe the location of rival sports bars in different areas of the facility from the other organized group; and, c) Access control for strict compliance with the prohibitions established in this Law.

CONTROL AND MANAGEMENT OF TICKET SALES AND ACCESS TO THE SPORTS VENUE. INFORMATION ON THE TICKET. Without prejudice to the responsibilities and obligations included in Section 1 of Chapter II of this Law, it is the responsibility of the organizers of sporting events and the administrators of Football Stadiums and Sports Facilities: 1) To install a computerized system for controlling and managing ticket sales, as well as access to the sports venue, within the timeframe established in this Law; and, 2) To inform through the entrance ticket, document, accreditation or access credentials to the Sports Facility, in addition to what is provided in Article 10 numeral 3) and other applicable provisions, the reasons that prevent access to the sports venue.

COORDINATION OF SECURITY AT A SPORTING EVENT. ORGANIZATIONAL CONTROL UNIT. The coordination of security at a sporting event must be adjusted to the following rules:

• 1)

  The Security Coordinator of a football match or sporting event is the person designated by the National Police of Honduras, ordered by the football commissioner or the equivalent in another sport, who must assume the functions of coordination, direction and organization of security services in the celebration of a Match or Competition, for which purpose they must establish an Organizational Control Unit, taking into consideration the support that the teams participating in each of the events may provide;

• 2)

  The organizers of the match or competition must designate a security representative, who must be part of the Organizational Control Unit and before, during and immediately after the development of the security act in the exercise of their function; and,

• 3)

  The graphic, video or digital elements in which the exercise of the functions of the Unit is reflected must be considered as public files for the relevant purposes. The data must only be preserved insofar as it is necessary for the investigation of incidents arising as a consequence of the celebration of a match or sporting event. CHAPTER IV NATIONAL COMMISSION FOR SAFETY AND PREVENTION OF VIOLENCE AND INTOLERANCE IN FOOTBALL STADIUMS AND SPORTS FACILITIES

CREATION OF THE COMMISSION AND ITS COMPOSITION. The National Commission for Safety and Prevention of Violence and Intolerance in Football Stadiums and Sports Facilities or the Commission is hereby created, with jurisdiction throughout the country. Its headquarters is located in the city of Tegucigalpa, municipality of the Central District. The said Commission is composed as follows:

• 1)

  A representative of the Secretariat of State in the Office of Security, through the National Police of Honduras, who shall serve as permanent chair;

• 2)

  A representative of the Secretariat of State in the Office of the Presidency, through the Department of Sports;

• 3)

  A representative of the Autonomous National Federation of Football of Honduras (FENAFUTH);

• 4)

  Two (2) representatives of the Professional National Football League;

• 5)

  A representative of the Promotion League;

• 6)

  Two (2) representatives of sports journalists' organizations, proposed by each of the organizations; and,

• 7)

  A representative of the Permanent Contingency Commission (COPECO). The members of the Commission must perform their functions Ad honorem. Ex officio or upon request of a party, it may invite other Natural or Legal Persons to present their views on specific matters related to the purpose of this Law.

FUNCTIONS OF THE COMMISSION. Without prejudice to what is established under the framework of this Law, the functions of the Commission are:

• 1)

  To register and publish annually data on violence in Football Stadiums and Sports Facilities, as well as to conduct surveys on this subject;

• 2)

  To advise national authorities, when requested, on all matters related to safety and prevention of violence and intolerance in football and other sports;

• 3)

  To conduct annually investigations, studies and reports on the causes and effects of violence in football and other sports and to present recommendations to the National Police of Honduras, to clubs, organized fan groups and fans in general;

• 4)

  To define prevention actions of a general or specific nature for specific events, which must be implemented immediately;

• 5)

  To define a catalog of actions constituting community work in the different spheres of football and other sports, such as: first and second division, minor leagues and administrative leagues;

• 6)

  To develop guidelines and recommendations to federations, sports clubs and professional leagues, for the organization of those football and other sports events in which the possibility of violent acts is reasonably foreseen;

• 7)

  To urge and advise federations, clubs, football leagues and their equivalents in other sports, to modify their bylaws to include in the disciplinary regimes the norms relating to violence and intolerance;

• 8)

  To promote dissemination campaigns of the norms for prevention of violence and intolerance;

• 9)

  To foster and coordinate campaigns for citizen collaboration;

• 10)

  To issue in accordance with this Law, the Declaration of High Risk in a particular sporting event;

• 11)

  To maintain the Registration Book of general data, activities of followers and organized fan groups in the manner presented in this Law;

• 12)

  To promote preparatory and training courses for the National Police of Honduras in the matter of prevention of violence in Stadiums and Sports Venues; and,

• 13)

  To issue its opinions, resolutions, recommendations, declarations and complementary measures that facilitate the effective compliance of this Law and its Regulations, through "Agreement". SECTION I INFRACTIONS COMMITTED BY SPECTATORS AND OTHER ATTENDEES TO STADIUMS AND SPORTS FACILITIES

INFRACTIONS. Without prejudice to what is provided in current legislation regarding crimes and misdemeanors; for the purposes of this Section, serious infractions are divided into two (2) categories: serious infractions and minor infractions. 1) SERIOUS INFRACTIONS. The following are considered serious infractions by spectators and other attendees at football and other sports events:

• a)

  To execute any act identified as violent or aggressive or that incites violence or, whether individually or in groups, that causes damage to property, whether public or private, within sports venues;

• b)

  To execute any act prohibited by this Law and, specifically to fail to comply with what is provided in Article 6 preceding;

• c)

  To refuse or oppose compliance with the security rules established in this Law;

• d)

  To fail to comply with the evacuation order pursuant to what is established in this Law;

• e)

  To fail to comply with or breach the sanctions imposed in the matter of violence and intolerance in football or other sports events;

• f)

  To observe violent or aggressive conduct;

• g)

  To threaten or incite violence or aggression of the participants in sporting encounters or competitions or, of the attendees, using declarations offered by mass media;

• h)

  To promote through public declarations in mass media, web page, social networks or through modern forms of communication, creating a hostile climate that motivates physical confrontation between those who participate in sporting encounters or competitions or, between the persons who attend them.

• i)

  To disseminate through technical, material, computer or technological means linked to information or sports activities, content that promotes or supports violence or incites or foments violent, racist, xenophobic or intolerant behavior on grounds of religion, ideology, sexual orientation or any other personal or social circumstance; or that constitutes an act of manifest contempt for the participants in the competition or the event in question; and,

• j)

  To incite violence or aggression through declarations in the media that entail the creation of a hostile climate that promotes physical confrontation between the participants in the sporting encounter or competition or, between the persons who attend them. 2) MINOR INFRACTIONS. The following are considered minor infractions by spectators and other attendees at sporting events: To fail to comply with the obligations imposed in this Law, provided that they are not categorized as serious, as well as to breach duties or obligations legally established in the matter of safety of sporting events. SECTION II INFRACTIONS COMMITTED BY ORGANIZERS OF FOOTBALL AND OTHER SPORTS EVENTS AND ADMINISTRATORS OF FOOTBALL STADIUMS AND SPORTS FACILITIES

INFRACTIONS. Without prejudice to what is provided in current legislation regarding crimes and misdemeanors; for the purposes of this Article, infractions are divided into two (2) categories: serious infractions and minor infractions. 1) SERIOUS INFRACTIONS: The following are considered serious infractions by organizers of football and other sports events or, by Administrators of Football Stadiums and Sports Facilities, provided they are within their respective competencies:

• a)

  To fail to comply with the norms or instructions that regulate the celebration of competitions, tests or sporting events, provided that they cause harm to those who participate in them or to the attending public;

• b)

  To fail to comply with the applicable security measures in accordance with this Law and regulatory provisions and that entail a serious risk to the attendees of Football Stadiums and Sports Facilities;

• c)

  To repeatedly disobey the orders or dispositions of the competent authorities regarding the conditions for the celebration of matches or sporting events and to conduct themselves with violence and intolerance;

• d)

  To alter the capacity or attendance limit of the Stadium or Sports Facility;

• e)

  To omit, through fault or negligence, the repair of defects or anomalies detected in the closed circuit television systems, which represent a serious danger for the security of the sports venues;

• f)

  To fail to comply with the norms that regulate the celebration of matches and/or sporting events and to conduct themselves with violence and intolerance;

• g)

  To organize, participate, encourage or promote the carrying out of violent or intolerant acts of significance for their effects against the event or the persons who participate or attend;

• h)

  To fail to comply with security measures and any other norm that governs the celebration of sporting events in accordance with this Law;

• i)

  To disobey the orders or specific dispositions issued by governmental authorities or the Commission, in accordance with the nature of the event;

• j)

  To support the activities of associations, groups, fan organizations or fans that fail to comply with what is stipulated in this Law; and, k) To fail to comply with sanctions previously imposed. 2) MINOR INFRACTIONS: The following are considered minor infractions by organizers of football or other sports events or administrators of Sports Venues, according to their respective competencies: a) To omit the authorization and use of the Registration Book of Followers; and, b) To fail to comply with the duties and obligations established in this Law by governmental disposition or by the Commission, provided that it does not constitute a serious infraction. SECTION III OF THE SANCTIONS

SANCTIONS AGAINST OFFENDING SPECTATORS AND OTHER ATTENDEES. Without prejudice to the sanctions provided in current legislation for the reason that the action committed qualifies as a crime or misdemeanor; the serious or minor infractions established in this law whose responsibility is attributed to spectators and/or attendees at football or other sports events must be sanctioned as follows:

• 1)

  To the person who commits a serious infraction shall be imposed, depending on the nature of the severity, one or more of the following sanctions:

  • a)

    A fine of up to three (3) monthly minimum wages in the lowest category;

  • b)

    Prohibition of access to all Football Stadiums and Sports Facilities in the country for a minimum period of six (6) months and a maximum of one (1) year; and, c) Forty (40) or eighty (80) hours of community work related to the sporting event.

• 2)

  To the person who commits a minor infraction shall be imposed, depending on the nature of the infraction, one or more of the following sanctions:

  • a)

    A fine of up to three (3) monthly minimum wages in the lowest category;

  • b)

    Prohibition of access to all Sports Venues in the country for a minimum period of six (6) months and a maximum of one (1) year; and, c) Forty (40) hours of community work related to the sporting event.

• 3)

  The sanctioned offender in accordance with what is provided in numeral 1) above, must also publish at their own expense, in the same media outlets that reported their declarations that incited violence or reflected intolerance and with the same breadth, the public rectification or announcements that promote sportsmanship and fair play in football or other sport, in culture and in the arts, as provided by the sanctioning body; and,

• 4)

  The sanctioned offender in accordance with what is provided in any of the foregoing numerals, as the case may be, shall be suspended from the club or organization to which they belong for the duration of the prohibition of access to Football Stadiums or Sports Facilities.

SANCTIONS AGAINST ORGANIZERS OF FOOTBALL OR OTHER SPORTS EVENTS AND ADMINISTRATORS OF FOOTBALL STADIUMS AND SPORTS FACILITIES. Without prejudice to the sanctions provided in current legislation for the reason that the action committed qualifies as a crime or misdemeanor, the serious or minor infractions described in this Law, whose responsibility is attributed to the natural person or legal representative of the legal person organizing or administering sporting events, must be sanctioned as follows: 1) The Natural or Legal Person, through their legal representative, organizer or administrator who incurs in a serious infraction must be sanctioned, depending on the severity of the infraction, with one or more of the following sanctions: a) A fine of fifty (50) to one hundred (100) minimum wages in the highest category; b) Disqualification to promote, organize and execute sporting events, from one (1) to two (2) years; and, c) Closure or temporary closure of the sports venue, from six (6) months to one (1) year. 2) The Natural or Legal Person, through their legal representative, organizer or administrator who incurs in a minor infraction must be sanctioned with one or more of the following sanctions:

• a)

  A fine of one (1) to five (5) monthly minimum wages in the highest category;

• b)

  Disqualification to promote, organize and execute sporting events, for a maximum period of six (6) months; and,

• c)

  Closure or temporary closure of the sports venue, from two (2) to three (3) months. In both cases, whenever a fine sanction is imposed, it must be understood that payment thereof is the responsibility of the Natural or Legal Person on whose behalf the natural person acts.

OBLIGATION OF ORGANIZERS OF FOOTBALL OR OTHER SPORTS EVENTS AND/OR THE CLUBS. The persons responsible for organizing sporting events and/or the clubs must deprive the person responsible for the infraction, for the duration of the sanction, of the status of member, associate or subscriber. The responsible authority must officially communicate the Administrative Sanctioning Resolution.

SANCTION FOR COLLABORATORS. To collaborators in the commission of an infraction, who are not considered direct offenders, the sanctions provided in this Law must be applied proportionally, considering the sanctions imposed on the direct offender and the level or degree of their collaboration.

PERSONS ADMINISTRATIVELY RESPONSIBLE FOR THE COMMISSION OF INFRACTIONS. Without prejudice to the administrative, civil or criminal responsibility established in ordinary legislation, the following are considered administratively responsible for the commission of an infraction: 1) Any Natural or Legal Person who, acting in a personal capacity or in the name and representation of a legal person, executes any of the acts or observes any of the conduct defined in this Law as prohibitions or fails to comply with its obligations. Likewise, persons who help, support or provide collateral assistance to the person committing the infraction are considered administratively responsible at the level of collaborator; and, 2) Players, technical and management personnel, as well as other persons subject to sports discipline, are equally responsible for acts contrary to the general norms and preventive measures against sports violence, in accordance with what is provided in this Law, in the regulatory and statutory provisions of federations and sports entities; provided that such conduct takes place in connection with the exercise of the specific sport. In the event they attend a sporting event in the capacity of spectators, they must be treated as such.

MODIFYING CRITERIA OF RESPONSIBILITY. For the concrete determination of the administrative sanction applicable to the Natural or Legal Person responsible for the commission of an infraction and their collaborators, the following criteria must be considered:

• 1)

  Spontaneous repentance, public manifestation of apologies and performance of gestures of a sporting character that express the intention to correct or remedy the physical or moral harm inflicted;

• 2)

  Collaboration in the location and reduction of violent, racist, xenophobic or intolerant conduct by clubs and other responsible persons;

• 3)

  Spontaneous and immediate adoption following the infraction, of measures aimed at reducing or mitigating the damages derived from the same;

• 4)

  The existence of intentionality or negligence;

• 5)

  The nature of the damages caused; and,

• 6)

  Recidivism, understood as such, the coincidence within a period of one (1) year or more of an infraction of the same nature declared by Resolution. SECTION V OF THE COMPETENT BODY FOR THE APPLICATION OF SANCTIONS SUMMARY PROCEDURE. RECORD OF SANCTIONS

COMPETENT BODY. For the purposes of this Law, the power and administrative-sanctioning competence must be exercised by the Secretariat of State in the Office of Security, for which purpose it must obtain prior reports from the authorities organizing events and from the Commission. It is understood to be included within these competencies the declaration of temporary disqualification to organize sporting events and the temporary closure of such type of venues.

INITIATION OF THE SANCTIONARY PROCEDURE. The sanctionary procedure for the non-compliance with an obligation or for the violation of the provisions contained herein, by any of those subject to this Law, may be initiated ex officio or at the request of any person. The complainant must provide, as the case may be, the evidence available to them; however, they do not have the status of a party to the procedure, nevertheless they have the right to be notified of the resolution issued, once the procedure is finalized.

ADMINISTRATIVE PROCEDURE. Upon receipt of the complaint, the person responsible for its processing or handling must act ex officio in the collection of evidence such as: testimony, documents, videos, inspections, etc., for which purpose they have a period of ten (10) business days counted from the day following receipt of the complaint or the ex officio initiation of the procedure. Any person accused must be informed of the initiation of the sanctionary procedure against them and, in the exercise of their right to defense, may offer their confession and provide without any formality, the exculpatory evidence regarding the fact or act for which they have been accused.

RESOLUTION. After the ten (10) days provided in the preceding Article have elapsed, within a maximum period of three (3) business days, the Definitive Resolution must be issued, which at a minimum must contain:

• 1)

  A brief account of the reported facts;

• 2)

  A brief account of the evidence presented;

• 3)

  Those responsible directly, where applicable; and,

• 4)

  The applicable administrative sanction.

NOTIFICATION. The resolution referred to in the preceding Article must be notified immediately, no later than the next business day after its issuance, to the complainant where applicable, to the person or entity reported, to the federal authorities, the clubs or where applicable to the event organizer entity and to the Commission. Likewise, the Sanctioning Resolution must be communicated to the authority responsible for the Central Registry of Sanctions. The notification, the content of the Resolution and the available remedies must be in accordance with the Administrative Procedure Law.

IDENTIFICATION OF THE SANCTIONED SPECTATOR. For the purposes of compliance with the sanction of prohibition of access to Football Stadiums and Sports Facilities, procedures for identity verification may be established that must be executed by members of the security forces and bodies assigned for legal purposes to such sports venues. In any case, the photograph of the offender must be placed on posters that must be fixed at the entrances to the Stadiums and Sports Facilities.

REGISTRY OF SANCTIONS. The Registry of Sanctions must be adjusted to the following rules:

• 1)

  The Central Registry of Sanctions is hereby created in matters of violence and intolerance in football and other sports, which is attached to the Secretary of State in the Office of Security, whose main purpose is to contribute to the sports authorities in the control and compliance of the sanctions imposed. The data entered therein must comply with the provisions of legislation relating to the protection of personal data. In any case, the right of persons who are subject to sanctioning resolutions to be informed of their registration in the Registry and to maintain it only if necessary for its execution must be guaranteed.

• 2)

  Every registry entry must contain at a minimum the following information:

  • a)

    Place and date of the event, its type and participating organizations;

  • b)

    Identifying data of the sports entity, the organizer and the private party affected by the infraction;

  • c)

    Class of sanction or sanctions imposed, clearly specifying their temporal scope; and, d) Infraction committed by each offender, specifying the Article of the Law in which it is provided.

• 3)

  Private parties that have a direct and manifest interest, as well as sports entities, in accordance with the current provisions on the matter, have access to the data of this Registry, for the purpose of collaborating with the authorities in the maintenance of public security in connection with sporting competitions or events; and,

• 4)

  The Registry must have a section on prohibitions of access to sports venues. CHAPTER VII SPECIFIC DISCIPLINARY REGIME FOR SPORTS AGAINST VIOLENCE AND INTOLERANCE IN FOOTBALL AND OTHER SPORTS

SCOPE OF APPLICATION OF THE DISCIPLINARY REGIME IN FOOTBALL AND OTHER SPORTS. The disciplinary regime in Football and Other Sports must be subject to the following rules:

• 1)

  Persons linked to a sports federation through a federative license enabled for participation in national competitions, as well as clubs, sports entities and persons who develop their activity within the sports norms in accordance with this Law if the violation or non-compliance of the established provisions is demonstrated;

• 2)

  When the persons referred to in the preceding Article attend a sports test or competition in their capacity as spectators, their regime of responsibility must be that established in this Law, without prejudice to the provisions of the sports regulations;

• 3)

  Actions carried out by athletes in accordance with the applicable sports technical rules must not be considered infractious conduct; and,

• 4)

  The sanctions contained in this Law are independent and compatible with the measures that the Statutes and Federative Regulations provide in relation to purely sporting actions that must be resolved to ensure the normal development of the respective competition, match or test. In any case, decisions regarding the continuation or non-continuation of the match or competition are understood to be included in this item, whether behind closed doors, repetition, or celebration.