GRAND BLUEWAVE HOTEL SHAH ALAM 7 JANUARY 2015

TAKLIMAT PASUKAN
LIGA SUPER & LIGA PREMIER
2016
GRAND BLUEWAVE HOTEL
SHAH ALAM 7 JANUARY 2015
STRUCTURE OF LEGAL DEPARTMENT
Head of Department Cik Shahida Bashirah Bin5 Hishamuddin Legal Counsel, Disciplinary & Governance Legal Execu5ve, Commercial & Governance Mohd Raimi Fakri Bin Mohd Fuad Muhammad Alif Bin Mohd Fadzil Legal Execu5ve, Player Status Zainul Ariffin Bin Zulkifli Admin Assistant TBD 2 FAM DISCIPLINARY COMMITTEE
Chairman:
Ybhg. Dato’ Kang Hwee Gee
Deputy Chairman: Tuan Sheikh Mohd Nasir Bin Sheikh
Mohd Sharif
Members:
YH. Dato’ Dr. Subramaniam Nathan
Mr. Abu Hassan Bin Ahmad
Mr. Richard Wee
Mr. Joshua Kevin
Mr. Nik Erman Bin Nik Roseli
Mr. Ammar Bin Muhamad
3 FAM Disciplinary
Proceedings
4 Burden of Proof The burden of proof regarding disciplinary infringement rest on FAM (Art. 102 FAMDC) Standard of proof? Comfortable sa5sfac5on (Art 100 par. 3 FAMDC) 5 Commencement of Proceedings Art. 111 FAMDC 1.  Disciplinary infringements are prosecuted ex officio (by virtue of posi5on) 3.  Any person or authority may report conduct that he or it considers incompa5ble with the regula5ons of FAM to the judicial bodies. Such complaints shall be made in wri5ng. 4.  Match officials are obliged to report infringements which have come to their no5ce. 6 FAM Regulatory Provisions Circulars Statutes Disciplinary Code Compe==on Regula=ons Club Licensing Regula=ons 7 Type of Proof Art. 99 FAMDC 1.  Any type of proof may be produced. 2.  The following are, in par5cular, admissible: -­‐  reports from referees, -­‐  assistant referees, -­‐  match commissioners, -­‐  referee inspectors, -­‐  declara5ons from the par5es and witnesses, -­‐  material evidence, -­‐  expert opinions and -­‐  audio or video recordings. 8 Type of Proof – Photograph Evidence 9 Type of Proof – Video Evidence 10 Procedure Art. 111 FAMDC: Incident reported Referee Match Commissioner Art. 112 FAMDC: FAM Secretariat Carries out inves5ga5on Art. 113 FAMDC: Collabora5on Par5es obliged to collaborate FAM Disciplinary Commi]ee Jurisdic5on -­‐ FAMDC: Art. 79: General Art. 80: Specific No5fica5on of decision Art. 105 FAMDC: Addressees FAM Appeals Commi]ee Art. 82 FAMDC: Jurisdic5on Arbitra5on Art. 77 FAMDC Secretariat – Art. 87 FAMDC Secretary Administra5ve -­‐ Secretary to the JB -­‐  Shall have legal qualifica5on -­‐ Takes charge of administra5ve work/minutes/decisions -­‐ Signs decision Disciplinary Counsel -­‐ Presents evidence, examine and cross-­‐examine witnesses -­‐ Makes submissions to the JB in support of the charge and as to the appropriate sanc5on; 12 FAM Decision Making Authori5es Authori5es – FAMDC (Sec5on 2) 1. Referee: (Art. 75) 2. Judicial Bodies (Art. 76) 1. Disciplinary Commi]ee 3. Arbitra5on (Art. 77) 4. Medical (Art. 78) 2. Appeal Commi]ee 13 Referee: Art 75 FAMDC 1.  During matches, disciplinary decisions are taken by the referee. 2.  These decisions are final. 3.  In certain circumstances, the jurisdic5on of the judicial bodies may apply (cf. art. 80)). 14 Referee:-­‐ cont-­‐ Laws of the Game 2013/2014 – Law 5 The Authority of the Referee: Each match is controlled by a referee who has full authority to enforce the Laws of the Game in connec5on with the match to which he has been Appointed. 15 Referee:-­‐ cont-­‐ Specific Jurisdic5on of the Disciplinary Commi]ee Art 80 FAMDC The Disciplinary Commi]ee is responsible for: a) sanc5oning serious infringements which have escaped the match officials’ a]en5on; b) r ec5fying obvious errors in the referee’s disciplinary decisions; c)  XXXX d) XXXX 16 Referee:-­‐ cont-­‐ a) sanc5oning serious infringements which have escaped the match officials’ a]en5on; 17 Referee:-­‐ cont-­‐ b) rec5fying obvious errors in the referee’s disciplinary decisions; Excep5on under Art 80 par. b) FAMDC FIFA Circular No 948 dated 11 January 2005: The mistake made by the referee must be serious and obvious. Situa5on 1 A red card for a misconduct that a player did not “seriously and obviously” commit. 18 Referee:-­‐ cont-­‐ Situa5on 2 Mistaken Iden5ty Emphasised: Determined on a case by case basis and proof of evidence. 19 Match Officials Report: Art 101 par. 3 FAMDC If there is any discrepancy in the reports from the various match officials and there are no means of resolving the different versions of the facts: The referee’s report is considered authorita5ve regarding incidents that occurred on the field of play; The match commissioner’s report is considered authorita5ve regarding incidents that took place outside the field of play. 20 Match Officials Report: Art 101 par. 3 FAMDC If there is any discrepancy in the reports from the various match officials and there are no means of resolving the different versions of the facts: The referee’s report is considered authorita5ve regarding incidents that occurred on the field of play; The match commissioner’s report is considered authorita5ve regarding incidents that took place outside the field of play. 21 Match Officials Report:-­‐cont-­‐ 1. 2. Facts contained in match officials’ reports are presumed to be accurate. Proof of the inaccuracy of the contents of these reports may be provided. 22 General Rule: Art 41 par. 4 FAMDC The body shall take account of all relevant factors in the case and the degree of the offender’s guilt when imposing the sanc5on. 23 Sanc5ons under the FAMDC Sanc5ons Art 10: Natural & Legal Persons Art 11: Natural Persons Art 12: Legal Persons e.g. Fine e.g. Match Suspension e.g. Playing a match without spectators 24 Sanc5ons under the FAMDC: Fine Misconduct
FAM Disciplinary Code
Fine (minimum)
Threaten or harass match officials
Article 54 (b)
RM8000.00
Inciting hatred and violence
Article 55
RM1500.00
RM5000.00
Provoking the general public
Article 56
RM1500.00
Ineligibility of player
Article 57
RM3000.00
RM1500.00
Team refuses to play a match
Article 58
RM20,000.00
Discrimination
Article 60
RM5000.00
RM10,000.00
RM15,000.00
Threat or intimidate match officials
Article 62
RM500.00
Coercion
Article 63
RM500.00
Forgery & falsification of documents
Article 64
RM2500.00
Corruption
Article 65
RM2500.00
Failure to respect decision
Article 67
RM1500.00
Conspire to influence result
Article 72
RM2500.00
25 Sanc5ons under the FAMDC: Art. 54 FAMDC Team Misconduct: Disciplinary measures may be imposed on members and clubs where a team fails to conduct itself properly. In par5cular: a)  a fine may be imposed where the referee sanc5ons at least five members of the same team during a match (cau5on or expulsion); 26 Art. 70 FAMDC: Spectator Misconduct 1.  The home associa5on or home club is liable for improper conduct among spectators, regardless of the ques5on of culpable conduct or culpable oversight, and, depending on the situa5on, may be fined. Further sanc5ons may be imposed in the case of serious disturbances. 2.  The visi5ng associa5on or visi5ng club is liable for improper conduct among its own group of spectators, regardless of the ques5on of culpable conduct or culpable oversight, and, depending on the situa5on, may be fined. Further sanc5ons may be imposed in the case of serious disturbances. Supporters occupying the away sector of a stadium are regarded as the visi5ng associa5on's supporters, unless proven to the contrary. 27 Art. 70 FAMDC: Spectator Misconduct 3. Improper conduct includes violence towards persons or objects, lepng off incendiary devices, throwing missiles, displaying insul5ng slogans in any form, or u]ering insul5ng sounds, or invading the pitch. 4.  The liability described in par. 1 and 2 also includes matches played on neutral ground, especially during final compe55ons. 28 Art. 70 FAMDC: Spectator Misconduct Year 2011 2012 2013 2014 2015 Type of Misconduct Firecrackers, Throwing Objects, Damaging Bus, A]acking Referee Flares, Firecrackers, Laser poin5ng, Throwing Objects, Hit the Policemen, Flares, Firecrackers, Throwing Objects, Spectators enter the field during match Flares, Firecrackers, Throwing Objects (Bo]les, Rocks, White Tissue Rolls), Spectators enter the field during match, Flares, Firecrackers, Throwing Objects (Bo]les, Rocks, White Tissue Rolls), Spectators enter the field during match, Total 8 13 12 17 20 29 Art. 70 FAMDC: Spectator Misconduct 30 Art. 70 FAMDC: Spectator Misconduct 31 Art. 70 FAMDC: Spectator Misconduct 32 Art. 70 FAMDC: Spectator Misconduct 33 Art. 70 FAMDC: Spectator Misconduct 34 Art. 59 FAMDC – Offensive Behavior Anyone who insults someone in any way, especially by using offensive gestures or language, or who violates the principles of fair play or whose behaviour is unspor5ng in any other way may be subject to sanc5ons in accordance with art. 10 ff. 35 Art. 59 FAMDC – Offensive Behavior 36 Art. 61 FAMDC: Press Statement 1.  Official or Player shall not make any statement to the Media, orally or in wri5ng without the approval or permission in wri5ng or orally from the Execu5ve Commi]ee as s5pulated under Ar5cle 88 of the FAM Statute or regula5ons or direc5ves or circulars issued therein. 2.  Where approval or permission to do so is granted, the statement made or contributed to the Media must be in accordance with Ar5cle 88 of the FAM Statute and any other regula5ons or direc5ves or circulars of FAM currently in use or to be issued in the future. 37 Art 18 FAMDC: Expulsion 1. An expulsion is the order given by the referee to someone to leave the field of play and its surroundings, including the subs5tutes’ bench, during a match. The person who has been sent off may be allowed into the stands unless he is serving a stadium ban. 2.  Expulsion takes the form of a red card for players. The red card is regarded as direct if it sanc5ons serious unspor5ng behaviour as defined by Law 12 of the Laws of the Game; it is regarded as indirect if it is the result of an accumula5on of two yellow cards. 4. An expulsion automa5cally incurs suspension from the subsequent match, even if imposed in a match that is later abandoned and/or forfeited. The Disciplinary Commi]ee may 38 extend the dura5on of the suspension. Art 48 FAMDC: Minor Infringements A player is cau5oned if he commits any of the following offences (cf. Law 12 of the Laws of the Game and art. 17 of this code): a) unspor5ng behaviour; b) dissent by word or ac5on; c) persistent infringement of the Laws of the Game; d) delaying the restart of play; e) failure to retreat the required distance when play is restarted with a corner kick, free kick or throw-­‐in; f) entering or re-­‐entering the field of play without the referee’s permission; g) deliberately leaving the field of play without the referee’s permission. 39 Art 49 FAMDC: Serious Infringements A player is sent off if he commits any of the following offences (cf. Law 12 of the Laws of the Game and art. 18 of this code): h) serious foul play; i) violent conduct; j) spipng at an opponent or any other person; k) denying the opposing team a goal or an obvious goal-­‐scoring opportunity by deliberately handling the ball (this does not apply to a goalkeeper within his own penalty area); l) denying an obvious goal-­‐scoring opportunity to an opponent moving towards the player’s goal by an offence punishable by a free kick or a penalty kick; m) using offensive, insul5ng or abusive language and/or gestures; n) receiving a second cau5on in the same match (art. 17 par. 2). 40 Sta5s5cs Players Misconduct – Red Card (Super League and Premier League)
35 30 25 20 SUPER LEAGUE (LS) PREMIER LEAGUE (LP) 15 10 5 0 2011 2012 2013 2014 2015 41 Art 40 par. c) FAMDC: Carrying over Match Suspension 2. Unless otherwise decided by a judicial body, match suspensions in rela5on to an expulsion pronounced on a player outside of a compe55on (separate match[es]) or not served during the compe55on for which they were intended (elimina5on or the last match in the compe55on) are carried over as follows: a) FAM compe55ons for teams/clubs shall be carried over to the team’s/club’s subsequent official match. 42 Circulars Circular Ref: FAM/LEGAL/PEKELILING/17-­‐1/03(2015) Date : 29 January 2015 “Pemain yang mendapat Kad Kuning terakhir sama ada dalam Perlawanan Liga atau Kalah Ma= yang mana Kad Kuning tersebut adalah boleh hukum, maka hukuman ke atas kesalahan Kad Kuning itu =dak akan dibawa ke hadapan sama ada Pertandingan yang sama atau Pertandingan berlainan” Circulars – Cont. “Pemain yang menerima Kad Merah (terus atau =dak terus) terakhir pada Perlawanan Liga atau Kalah Ma=, HENDAKLAH membawa ke hadapan hukuman ke atas kesalahan Kad Merah berkuatkuasa pada Perlawanan pertama sama ada Pertandingan yang sama atau Pertandingan berlainan” Teams/Clubs Responsibili5es Ar5cle 71 par. c) FAMDC Bear the responsibility of monitoring the cau5ons and/or suspensions received by its players and officials and to ensure that all players and officials registered and/or fielded during the compe55on are eligible to play. Ar5cle 37 par. 2 of FAMDC Communica5on serves only as confirma5on … sanc5ons have immediate effect even if le]er of confirma5on reaches Memebr or its affiliates, team, club, head of delega5on or team manager concerned later. 45 Art. 44 FAMDC: Limita5on Period for Prosecu5on 1.  Infringements commi]ed during a match cannot be prosecuted awer a lapse of two years. 2.  An5-­‐doping rule viola5ons cannot be prosecuted awer eight years have elapsed. 3.  Prosecu5on for corrup5on (cf. art. 64) is not subject to a limita5on period. 4.  All other infringements cannot be prosecuted awer a lapse of six years. 46 Art. 47 FAMDC: Limita5on Period for Enforcement 1.  The limita5on period for the enforcement of a decision is five years. 2.  The limita5on period begins on the day on which the decision comes into force. 47 Art. 97 FAMDC: Right to be Heard 1.  The par5es shall be heard before any decision is passed. 2.  They may, in par5cular: a)
refer to the file; b)
present their argument in fact and in law; c)
request produc5on of proof; d)
be involved in the produc5on of proof; e)
obtain a reasoned decision. 3. Special provisions may apply in certain circumstances. 48 Art. 106 FAMDC: Form 1.  Decisions and/or any documents in rela5on to disciplinary ma]ers communicated by telefax or email or by post or by hand shall be legally binding. 49 Art. 106 FAMDC: Form 1.  Decisions and/or any documents in rela5on to disciplinary ma]ers communicated by telefax or email or by post or by hand shall be legally binding. 50 Art. 113 FAMDC: Collabora5on 1.  The par5es are obliged to collaborate to establish the facts. In par5cular, they shall comply with requests for informa5on from the judicial bodies. 2.  Whenever deemed necessary, the secretariat verifies the par5es’ versions of the facts. 3.  If the par5es are dilatory in responding, the chairman of the judicial body may, awer warning them, impose a fine of up to RM2,500.00. 4.  If the par5es fail to collaborate, especially if they ignore the s5pulated 5me limits, the judicial bodies will reach a decision on the case using the file in their possession. 51 Art. 118 FAMDC: Form and Contents of Decision 1.  Without prejudice to the applica5on of ar5cle 119 below, the decision contains: a.  the composi5on of the commi]ee; b.  the names of the par5es; c.  a summary of the facts; d.  the grounds of the decision; e.  the provisions on which the decision was based; f.  the terms of the decision; g.  no5ce of the channels for appeal. 2. The decisions are signed by the commi]ee secretary. 52 Art. 119 FAMDC: Decision without Grounds 1.  The judicial bodies may decide not to communicate the grounds of a decision and instead communicate only the terms of the decision. At the same 5me, the par5es shall be informed that they have ten days from receipt of the terms of the decision to request, in wri5ng, the grounds of the decision, and that failure to do so will result in the decision coming into force. 2.  If a party requests the grounds of a decision, the mo5vated decision will be communicated to the par5es in full, wri]en form. The 5me limit to lodge an appeal, where applicable, begins upon receipt of this mo5vated decision. 3.  If the par5es do not request the grounds of a decision, a short explana5on of the decision shall be recorded in the case files. 53 Art. 121 FAMDC: Contestable Decisions An appeal may be lodged to the Appeal Commi]ee against any decision passed by the Disciplinary Commi]ee, unless the sanc5on imposed is: a.  a warning; b.  a reprimand; c.  a suspension for less than three matches or of up to two months; d.  a fine of less than RM15,000.00 imposed on a Member or its affiliates or a team or a club or of less than RM5,000.00 in other cases. e.  decisions passed in compliance with art. 67 of this code. 54 Procedure for Appeal: Art(s) 122 -­‐ 126 FAMDC 1.  Party intending to appeal must inform in wri5ng within 3 days of no5fica5on of decision 2.  Reason for appeal given in wri5ng within a further 7 days. (If not complied – appeal not admi]ed) 3.  Appellant shall submit pe55on in wri5ng 4.  Deposit of RM500 before expiry of the 5me limit for submipng the reasons for appeal. (If not complied – appeal not admi]ed) 55 Art 137 FAMDC: Delibera5ons and Decision Taking without Mee5ng 1.  If the circumstances so require, the secretariat may arrange the delibera5ons and decision-­‐taking to be c o n d u c t e d v i a t e l e p h o n e c o n f e r e n c e , videoconference or any other similar method. 2.  Art. 114 par. 2 is, in this case, not applicable. (oral statements). 3.  The secretary takes minutes as if it were an ordinary mee5ng. 56 Art 138 FAMDC: Review 1.  A review may be requested awer a legally binding decision has been passed if a party discovers facts or proof that would have resulted in a more favourable decision and that, even with due diligence, could not have been produced sooner. 2.  A request for review shall be made within ten days of discovering the reasons for review. 3.  The limita5on period for submipng a request for review is one year awer the enforcement of the decision. 57 Thank You