CHAPTER I: ORGANISATION
SECTION 1: COMPETENCE OF THE ETHICS COMMITTEE
31. Competence of the Ethics Committee
1. The Ethics Committee has the exclusive competence to investigate and judge the conduct of all persons bound by this Code where such conduct:
a) has been committed by an individual who was elected, appointed, or assigned by FIFA to exercise a function;
b) directly concerns their FIFA-related duties or responsibilities; or
c) is related to the use of FIFA funds.
2. The Ethics Committee is competent to decide on matters affecting players, coaches, or any other official bound by this Code where said conduct does not fall under the competence of any confederation or member association, where no formal investigation has been initiated by the competent confederation or member association 90 days after the matter became known to FIFA, or where the relevant confederation or member association agrees with FIFA to confer competence regarding the relevant matter on FIFA.
SECTION 2: COMMON RULES FOR THE INVESTIGATORY AND ADJUDICATORY CHAMBERS
32. Composition of the investigatory and adjudicatory chambers
The composition of the investigatory and the adjudicatory chambers shall be in accordance with the FIFA Statutes.
33. Deputising
If the chairperson of either chamber is prevented from acting (whether due to personal or factual circumstances), one of the deputy chairpersons shall replace them. In the event that the deputy chairpersons are also prevented from acting, a member of the relevant chamber, on the basis of seniority, shall act as chairperson.
34. Secretariats
1. The general secretariat of FIFA shall provide both the investigatory and adjudicatory chambers with a secretariat with the necessary staff under the responsibility of the Director of the Secretariat to the Independent Committees. The secretariat of each chamber shall take care of the respective filing of the case files, which must be kept for at least ten years.
2. The secretariat of the investigatory chamber, under the authority of the chairperson of the investigatory chamber or under the authority of the chief of the investigation shall take charge of the administrative and legal work related to proceedings and provide support to the investigatory chamber for the completion of its tasks; in particular, it shall draft the minutes, final reports, and any other document required by the members of the investigatory chamber.
3. The secretariat of the adjudicatory chamber, under the authority of the chairperson of the adjudicatory chamber shall take charge of the administrative and legal work related to proceedings and provide support to the adjudicatory chamber for the completion of its tasks; in particular, it shall draft the minutes and any other document required by the chairperson of the adjudicatory chamber.
35. Independence
1. The members of the Ethics Committee shall manage their investigations and proceedings and render their decisions entirely independently and impartially and shall avoid any third-party influence.
2. The members of the Ethics Committee and their immediate family members shall not belong to any other judicial body within FIFA, to the FIFA Council, or to any standing committee of FIFA.
3. The members of the Ethics Committee shall not belong to anybody or carry out any position with regard to FIFA, a confederation, or a member association, other than being members of a judicial body at FIFA, confederation, or national level.
36. Withdrawal and challenges
1. A member of the Ethics Committee shall decline to participate in any investigation or adjudicatory proceedings concerning a matter where there are legitimate grounds for questioning their independence or impartiality and/or if there is a conflict of interest. They shall disclose any circumstance which may give rise to any such ground.
The foregoing shall apply, inter alia, in the following cases:
a) if the member in question has a direct interest in the outcome of the matter;
b) if the member has a personal bias or prejudice concerning a party; or personal, first-hand knowledge of disputed evidentiary facts material to the proceedings; or has expressed an opinion, other than as part of the proceedings in question, concerning the outcome of the proceedings; or when the immediate family of the member is a party to the subject matter in controversy, is a party to the proceedings or has any other interest that could be substantially affected by the outcome of the proceedings and their impartiality;
c) if the member has the same nationality as the party implicated;
d) if the member has already dealt with the case in a different function other than their function as a member of the Ethics Committee.
3. Members who decline to participate shall notify the chairperson immediately.
4. An objection against a member of the Ethics Committee believed not to be independent or impartial must be submitted within five days following the identification of the grounds for non-participation, failing which, such the objection shall be deemed waived. The claim must cite the grounds and, if possible, be substantiated.
5. The chairperson of the relevant chamber shall decide whether any such claim is valid if the member in question has not declined to participate of their own accord. If the objection is against the chairperson, the chairperson or the deputy chairperson of the FIFA Appeal Committee shall decide.
37. Confidentiality
1. The members of the Ethics Committee and the members of the secretariats shall ensure that everything disclosed to them during the course of their duty remains confidential, in particular, deliberations, and private personal data in compliance with the FIFA Data Protection Regulations.
2. Notwithstanding paragraph 1 above, the investigatory chamber or the adjudicatory chamber may, if deemed necessary and in an appropriate form, inform the public about or confirm ongoing or closed proceedings, and rectify information that is wrong or rumors. Any release of such information shall respect the presumption of innocence and the personality rights of those concerned.
3. The investigator y chamber or the adjudicatory chamber may, in an appropriate form and/or via the website FIFA.com, inform the public about the reasons for any decision and/or the closure of any investigation. In particular, the chairperson of the adjudicatory chamber may decide to publish the decision taken, partly or in full, provided that the names mentioned in the decision (other than the ones related to the party) and any other information deemed sensitive by the chairperson of the adjudicatory chamber are duly anonymized.
4. In the event of a breach of this article by a member of the Ethics Committee, the relevant member shall be suspended by a decision taken by the majority of the other members of the respective chamber until the next FIFA Congress.
CHAPTER II: PROCEDURE
SECTION 1: PROCEDURAL RULES
Subsection 1: General rules
38. Parties
Only the accused are deemed to be parties.
39. Representation
1. During any dealings with the Ethics Committee, parties and other persons bound by this Code may have legal representation at their own cost and expense.
2. The parties and other persons bound by this Code are free to choose their own legal counsel or representation.
3. The Ethics Committee may request that the representatives of parties and other persons bound by this Code submit a duly signed power of attorney.
4. The Ethics Committee may limit the number of legal representatives of a party if deemed excessive.
40. Legal aid
1. In order to guarantee their rights, individuals bound by this Code and with insufficient financial means may request legal aid from FIFA for the purpose of proceedings before the Ethics Committee.
2. Applicants for legal aid must submit reasoned requests and supporting documents.
3. The secretariat establishes a list of pro bono counsel.
4. According to each applicant’s needs, and subject to prior written confirmation by FIFA, legal aid may be provided as follows:
a) The applicant may be released from having to pay the costs of proceedings.
b) Pro bono counsel may be selected by the applicant from the list established by the secretariat.
c) The applicant’s own reasonable travel and accommodation costs and those of witnesses and experts they call to testify may be covered by FIFA, including the travel and accommodation costs of any pro bono counsel selected from the list established by the secretariat.
5. The chairperson of the adjudicatory chamber of the Ethics Committee decides on requests for legal aid. Such decisions are final.
6. Further conditions and requirements associated with legal aid and pro bono counsel may be communicated by circular letter.
7. In cases where the party could not been reached, the adjudicatory chamber may appoint a pro bono counsel in absentia who will act on their behalf. The absence of the party is established when the adjudicatory chamber has tried to submit the final report by email through the member association and no response has been received 15 days following the notification to the member association in accordance with article 43 of this Code.
41. Failure to cooperate
1. If the parties or other persons bound by this Code fail to cooperate in any manner or are dilatory in responding to any request from the Ethics Committee, the chairperson of the appropriate chamber issuing the request may, after warning them, charge them with a violation of the article 19 of this Code.
2. To the extent the parties fail to cooperate, the investigatory chamber, in preparing a final report based on the file in its possession, and the adjudicatory chamber, in reaching a decision based on the file in its possession, may take into account that behavior and add the failure to cooperate as an additional charge for violation of article 19 of this Code.
42. Languages used in proceedings
1. The languages used in proceedings shall be English, French, and Spanish. The Ethics Committee and parties may choose any of these languages.
2. FIFA may, if necessary, use the services of an interpreter.
3. Decisions shall be taken in the language used during the relevant proceedings. Efforts will be made to use the parties’ language, wherever possible.
43. Notification of decisions and other documents
1. Decisions and other documents shall be communicated and notified by email and may be followed by a registered letter.
2. All of the parties shall be notified of the decisions.
3. Decisions and other documents intended for persons bound by this Code may be addressed to the person directly and/or to the association concerned on condition that it forwards the documents to the intended recipient. In the event that the documents were not also or solely sent to the party concerned, these documents shall be considered to have been communicated properly to the ultimate addressee four days after the communication of the documents to the association. The time limit shall commence at midnight (Central European Time) the day after the communication of the document in question.
4. Notification of a decision shall be effected by publication on the FIFA webpage where:
a) the whereabouts of the party are unknown and cannot be ascertained despite making reasonable inquiries;
b) service is impossible or would lead to exceptional inconvenience; or
c) a party has not provided a means of contact despite being instructed to do so.
5. Notification via the FIFA webpage is deemed accomplished on the day of publication.
44. Effect of decisions
1. Decisions passed by the Ethics Committee shall come into force as soon as they are communicated.
2. The Ethics Committee may rectify any obvious errors at any time.
Subsection 2: Proof
45. Various types of proof
1. Any type of proof may be produced.
2. Types of proof include, in particular:
a) documents;
b) reports from officials;
c) declarations from the parties;
d) declarations from witnesses;
e) audio and video recordings;
f) expert opinions;
g) all other proof that is relevant to the case.
3. During the investigation, where oral testimony is given, such testimony may be given in person, by telephone, or via video.
46. Anonymous participants in proceedings
1. When a person’s testimony in ethics proceedings is conducted in accordance with this Code could lead to threats to them or put them or any person particularly close to them in physical danger, the chairperson of the competent chamber or their deputy may order, inter alia, that:
a) the person not be identified in the presence of the parties;
b) the person not appear at the hearing;
c) the person’s voice be distorted;
d) the person be questioned outside the hearing room;
e) the person be questioned in writing through the chairperson of the competent chamber or their deputy;
f) all or some of the information that could be used to identify the person be included only in a separate, confidential case file.
2. If no other evidence is available to corroborate the testimony provided by the person concerned, such testimony may only be used in the context of imposing sanctions under this Code if:
a) the parties as well as their legal representatives had the opportunity to pose questions to the person concerned at least in writing; and
b) the members of the judicial body had the opportunity to interview the person concerned directly and in full awareness of their identity and to assess their identity and record in full.
3. Disciplinary measures shall be imposed on anyone who reveals the identity of any person granted anonymity under this provision or any information that could be used to identify such person.
47. Identification of anonymous participants in proceedings
1. To ensure their safety, persons granted anonymity under article 46 shall be identified behind closed doors in the absence of the parties. This identification shall be conducted by the chairperson of the competent chamber alone, their deputy, or all the members of the competent chamber together, and shall be recorded in minutes containing the relevant person’s personal details.
2. These minutes shall not be communicated to the parties.
3. The parties shall receive a brief notice which:
a) confirms that the person concerned has been formally identified; and
b) contains no details that could be used to identify such a person.
48.Inadmissible evidence
Proof that has been obtained by means or ways involving violations of human dignity or that obviously does not serve to establish relevant facts shall be rejected.
49. Evaluation of proof
The Ethics Committee shall have absolute discretion regarding proof.
50. Standard of proof
The members of the Ethics Committee shall judge and decide on the basis of their comfortable satisfaction.
51. Burden of proof
The burden of proof regarding breaches of provisions of the Code rests on
the Ethics Committee.
Subsection 3: Time limits
52. Beginning and end of time limit
1. Time limits notified directly to the party or to a representative appointed by the party shall commence at midnight (Central European Time) the day after receipt of the notification.
2. Where a document is sent to a person through the respective member association and is not also sent to the person concerned or their legal representative, the time limit shall commence at midnight (Central European Time) four days after receipt of the document by the association responsible for forwarding it. Where the document was also sent to the person concerned or their legal representative, the time limit shall commence at midnight (Central European Time) the day after receipt of the document in question.
3. If the last day of the time limit coincides with a public holiday in the place of domicile of the person required to comply with the document by a certain deadline, the time limit shall expire on the next working day.
4. Time limits are deemed to have been complied with if the relevant action has been completed by midnight (Central European Time) at the latest on the last day of the stipulated deadline.
53. Compliance
1. The time limit has been met only if the action required has been carried out before the expiry of the time limit.
2. The document must be submitted by email, to the email address indicated in the correspondence sent from the respective secretariat, to the relevant body no later than midnight on the last day of the time limit.
3. Costs and fees payable are considered to have been paid in time if the payment has irreversibly been made to FIFA’s account by midnight on the last day of the time limit.
54. Extension
1. Time limits set forth in this Code may not be extended.
2. Time limits set by the Ethics Committee may be extended upon reasoned request. A time limit may only be extended for a second time in exceptional circumstances.
3. If an extension of the time limit is refused, two extra days may be granted. In emergencies, the refusal to grant the extension may be announced orally.
Subsection 4: Suspension of proceedings
55. Suspension or continuation of proceedings
1. In the event that a person bound by this Code ceases to serve in their function during proceedings, the Ethics Committee shall remain competent to continue investigatory proceedings and/or render a decision.
2. In the event that a person bound by this Code ceases to serve in their function, the investigatory chamber may initiate and conduct the investigation, create a final report, and hand it over to the adjudicatory chamber. The adjudicatory chamber may suspend the proceedings or take a decision as to the substance and impose appropriate sanctions.
Subsection 5: Procedural costs
56. Procedural costs
The procedural costs are made up of the Ethics Committee’s costs and expenses incurred in connection with the investigation and adjudicatory proceedings.
57. Procedural costs in case of closure of proceedings or acquittal
1. Except as otherwise provided herein, in the event of closure of proceedings or acquittal, the procedural costs shall be borne by FIFA.
2. A party may be ordered to pay the procedural costs in part or in full in the event of closure of proceedings or acquittal if they culpably caused the proceedings to be initiated or hindered the conduct of the proceedings.
58. Procedural costs if sanctions are imposed
1. Procedural costs shall be borne by the party that has been sanctioned.
2. If more than one party is sanctioned, the procedural costs shall be assessed proportionally in accordance with the degree of guilt of the parties.
3. Part of the procedural costs, in particular, the costs of the investigation proceedings may be borne by FIFA, as appropriate in respect of the imposition of sanctions.
4. The procedural costs may be reduced or waived in exceptional circumstances, in particular taking into account the party’s financial circumstances.
59. Procedural compensation
No procedural compensation shall be awarded in proceedings conducted by the Ethics Committee.
SECTION 2: INVESTIGATION PROCEEDINGS
Subsection 1: Preliminary proceedings
60. Right to submit complaints
1. Any person may file a complaint regarding potential breaches of this Code with the secretariat of the investigatory chamber. Complaints must be submitted in writing, including available evidence. The secretariat shall inform the chairperson of the investigatory chamber of the complaints and act upon their instructions.
2. There is no entitlement for proceedings to be opened following the submission of a complaint.
3. Any person bound by this Code who lodges a complaint against a person whom they know to be innocent or in any other way takes malicious steps related to the initiation of proceedings under this Code shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years.
61. Preliminary investigations
1. Upon the instruction of the chairperson of the investigatory chamber, the secretariat of the investigatory chamber shall carry out an initial evaluation of the documents submitted with the complaint.
2. The secretariat of the investigatory chamber may initiate preliminary investigations into a potential breach of this Code based on a filed complaint and shall act upon the instructions of the chairperson of the investigatory chamber. This may include, in particular, engaging third parties – under the leadership of the chairperson – with investigative duties, appointing an integrity expert (cf. article 36 of the FIFA Disciplinary Code), collecting written information, requesting documents, and obtaining witness statements.
3. The chairperson of the investigatory chamber may initiate preliminary investigations at their own discretion and at any time.
62. Opening of investigation proceedings
1. If the preliminary investigation is found to establish a prima facie case, the chairperson of the investigatory chamber shall open investigation proceedings. The chamber shall examine aggravating and mitigating circumstances equally.
2. The parties shall be notified of the opening of investigation proceedings and the possible rule violation. Limited exceptions to this rule may be made for safety and security reasons or if such disclosure would interfere with the conduct of the investigation.
3. The chairperson of the investigatory chamber shall report to the investigatory chamber regularly on non-opened cases.
Subsection 2: Initiation and conduct of investigation proceedings
63. Initiation of investigation
1. The chairperson of the investigatory chamber shall decide on the initiation of investigation proceedings.
2. Grounds do not need to be given for the initiation of investigation proceedings and the decision may not be contested.
64. Duties and competencies of the investigatory chamber
1. The investigatory chamber may investigate potential breaches of provisions of this Code on its own initiative or based on complaints at its full and independent discretion.
2. If the investigatory chamber deems that there is no prima facie case, it shall not open any investigation proceedings and it shall close the case. In addition to the internal closure of the proceedings, the investigatory chamber may (i) send a closing letter to the interested party reminding them of their duties, and/or (ii) send a closing letter to the interested party informing them that no breaches of the Code have been found. The investigatory chamber may communicate in this respect where deemed relevant.
3. Once the investigation has been completed, the investigatory chamber shall prepare a final report on the investigation proceedings stating the relevant rules that have been breached for which they require a judgment by the adjudicatory chamber. The report, together with the related investigation files, shall be forwarded to the adjudicatory chamber. Should a hearing be conducted, one or more members of the investigatory chamber may present the case before the adjudicatory chamber.
4. As part of the investigatory process, the investigatory chamber may also investigate breaches of provisions of the FIFA Disciplinary Code which concern immoral or unethical conduct.
65. Conduct of proceedings
The chairperson of the investigatory chamber may lead the investigation proceedings themselves as the chief of the investigation or may assign this role formally to the deputy chairperson or a member of the investigatory chamber. This person shall be designated the chief of the investigation.
66. Competences of the chief of the investigation
1. With the assistance of the secretariat, the chief of the investigation shall investigate by means of written inquiries and written or oral questioning of the parties and witnesses. The chief of the investigation may also undertake any further investigative measures relevant to the case; in particular, they may verify the authenticity of documents relevant to the investigation by procuring affidavits.
2. If the chairperson of the investigatory chamber is acting as the chief of the investigation, they may ask another member of the investigatory chamber to assist them. In cases where the chairperson is not acting as the chief of the investigation, they may ask the chairperson of the investigatory chamber to assign additional members of the investigatory chamber to conduct the investigation alongside them. The chairperson may, where that is the case, also assign additional members at their own discretion.
3. If the chairperson is acting as the chief of the investigation, they may, in complex cases, engage third parties – under the leadership of the chief of the investigation – with investigative duties. The inquiries to be made by such third parties must be clearly defined. Where the chairperson is not acting as the chief of the investigation, the chief of the investigation may submit the respective request to the chairperson.
4. If the parties and the other persons bound by this Code fail to cooperate in establishing the facts of the case, the chief of the investigation may request the chairperson of the investigatory chamber to impose a warning, and in case of recurrence, to impose disciplinary measures, including a ban on taking part in any football-related activity of up to 90 days. If the chairperson is acting as the chief of the investigation, the deputy chairperson shall decide.
Subsection 3: Conclusion of investigation proceedings
67. Conclusion of investigation proceedings
1. If the chief of the investigation considers the investigation to be adequate, they shall inform the parties that the investigation proceedings have been concluded and provide them with a copy of the investigation files, including a brief summary of the main potential charges. The parties will then have ten days from that notification to submit any observation or comment.
2. If the chief of the investigation considers that there are sufficient grounds to establish that rules have been breached, they shall forward the final report together with the investigation files to the adjudicatory chamber. The chief of the investigation may also inform the adjudicatory chamber that other allegations, that might be contained in the file, may still be under investigation.
3. If the chief of the investigation considers that there are no sufficient grounds to establish that rules have been breached, they shall close the case. In addition to the internal closure of the proceedings, the investigatory chamber shall send a closing letter to the party reminding them of their duties, as well as informing them of the outcome of the investigations and that any ongoing provisional sanction is lifted.
4. If proceedings have been closed, the investigatory chamber may reopen the investigation if new facts or evidence suggesting a potential breach come to light.
68. Final report
1. The final report shall contain all the relevant facts and relevant evidence gathered and mention the possible rule violation.
2. The final report shall be signed by the chairperson of the investigatory chamber. If the chairperson does not act as the chief of the investigation, the chief of the investigation shall also sign the final report.
69. Plea bargain (application of a sanction by mutual consent)
1. At any time during the investigation, but at the latest when the case is about to be decided by the adjudicatory chamber or before the hearing as provided for by article 76 of this Code, the parties may enter into an agreement with the chairperson of the investigatory chamber for the application of a sanction by mutual consent.
2. Should the chairperson of the adjudicatory chamber consider that the agreement complies with this Code and the sanction settled is correctly applied, the agreement becomes immediately effective, and the settled sanction becomes final and binding and is not subject to any further appeal.
3. Should any monetary sanction provided by the plea agreement not be fully executed by the party concerned within 15 days of the date of the decision, the agreement is automatically revoked.
4. Should any compliance training and/or community football service provided by the plea agreement not be fully executed by the party concerned within the terms established within the agreement, the agreement is automatically revoked.
5. Whenever a plea agreement is revoked, the adjudicatory chamber shall decide the case within the 60 days that follow on the basis of the file, and no further plea agreement will be allowed between the parties concerned and the chairperson of the investigatory chamber.
6. No plea agreement shall be allowed concerning sanctions related to the protection of physical and mental integrity, or related to offences of bribery and corruption, misappropriation, and misuse of funds, and manipulation of football matches or competitions unless the party concerned provides substantial assistance. Substantial assistance may be considered where the relevant party:
a) fully disclosed in a signed written statement or recorded interview all the information they possess in relation to the infringement(s); and
b) fully cooperated with the investigation and adjudication of any case or matter related to the information provided, including but not limited to, presenting a testimony at a hearing if requested to do so by FIFA or the relevant deciding panel;
c) provided credible information that constitutes a significant part of a case or proceeding subsequently initiated or, at least, which would have provided a sufficient basis on which to initiate a case or proceeding. Notwithstanding the above, in cases of sexual abuse, no plea agreement shall be allowed with the principal actors or any other person directly participating in such conduct.
SECTION 3: ADJUDICATORY PROCEEDINGS
Subsection 1: Initiation and conduct of proceedings
70. Duties and Competencies of the Adjudicatory Chamber
1. The chairperson of the adjudicatory chamber shall examine the final report and investigation files with the assistance of the secretariat.
2. If the chairperson of the adjudicatory chamber deems that there is insufficient evidence to proceed, they may close the case and shall inform the party accordingly.
3. If the chairperson of the adjudicatory chamber deems that the matter should be adjudicated, they shall proceed with the adjudicatory proceedings and request that the secretariat send a copy of the final report and investigation files to the parties concerned.
4. The adjudicatory chamber may gather evidence, documents, or information or request clarification at any time prior to the hearing or the deliberations on the matter.
71. Adjudicatory proceedings
1. The chairperson of the adjudicatory chamber shall inform all the parties concerned that the case shall be decided either on the basis of the report of the investigatory chamber together with the investigation files or – upon the request of any party concerned – of a hearing to be scheduled.
2. If there is no request for a hearing, the chairperson of the adjudicatory Chamber shall inform the parties of the proceedings and the investigatory chamber that the case shall be decided on the basis of the existing documents and submissions and shall establish a final deadline to file their respect ve final requests.
3. Should a hearing be held, the secretariat of the adjudicatory chamber shall inform all the parties concerned and shall forward to them a procedural order, with the rules of the hearing, established by the chairperson of the adjudicatory chamber.
4. All the parties in the proceedings and their representatives, subject to article 39 paragraph 4, as well as the representatives of the investigatory chamber are entitled to attend the hearing to discuss and submit orally their respective requests.
5. As part of the adjudicatory process, the adjudicatory chamber may also rule on breaches of provisions of the FIFA Disciplinary Code which concern immoral or unethical conduct.
72. Jurisdiction of the chairperson of the adjudicatory chamber ruling alone
1. The chairperson of the adjudicatory chamber may take decisions alone in cases related to breaches sanctioned only with monetary sanctions or when the sanction to be imposed is a warning, reprimand, or compliance training.
2. The chairperson of the adjudicatory chamber is also responsible for ratifying the plea agreement entered into between the parties and the investigatory chamber, where applicable.
73. Right to be heard
Before the adjudicatory chamber issues any final decision, the parties are entitled to submit their position, present evidence, and inspect evidence to be considered by the adjudicatory chamber in reaching its decision. These rights may be restricted in exceptional circumstances, such as when confidential matters need to be safeguarded, witnesses need to be protected, or if it is required to establish the elements of the proceedings.
74. Rejection of motions for the admission of evidence
1. In accordance with articles 48 and 49 and other relevant provisions of the Code, the chairperson of the adjudicatory chamber may reject the substantiated motions for the admission of evidence submitted by the parties.
2. The parties shall be informed if their motion has been rejected with a brief outline of the grounds of the decision. The rejection may not be contested.
Subsection 2: Composition, hearings
75. Composition of the panel
1. The chairperson of the adjudicatory chamber shall decide the composition and number of members in the panel and shall provide them with the relevant files. The parties shall be informed of the composition of the panel.
2. Without prejudice to article 72, the panel’s decisions shall be deemed to be legally valid if at least three members are present.
76. Hearings, principles
1. Hearings shall be conducted behind closed doors and in the presence in situ of the requesting party.
2. Hearings of the adjudicatory chamber are not open to the public, except in cases when it has been duly requested by the defendant. The chairperson or their nominee decides, at their own discretion, under what conditions a public hearing may take place.
3. Misconduct by the party that took place after the submission of the final report may be addressed by the investigatory chamber during its closing statement. In this sense, the investigatory chamber may present the relevant facts and evidence, mention the possible rule violation, and submit a recommendation to the adjudicatory chamber on the appropriate measures. The party shall have the right to respond to these new charges during the hearing. In the absence of a hearing, the investigatory chamber may submit its recommendation within two days after the party´s position, which will have then the right to reply in written form in compliance with the deadline granted by the adjudicatory chamber.
4. If there is no hearing, the chairperson shall schedule the deliberations and decide on the number of members and the composition of the panel. The parties shall be informed to this effect.
77. Hearings, procedure
1. The chairperson of the adjudicatory chamber shall conduct the hearing in whatever manner they deem appropriate, provided it is consistent with this Code.
2. It is the responsibility of the parties to ensure the appearance of the witnesses requested by them and to pay all costs and expenses associated with the parties’ and the witnesses’ appearance.
3. Witnesses called by the parties and/or by the investigatory chamber shall, in principle, appear in person. The chairperson of the adjudicatory chamber or their deputy may, however, decide to hear the parties by video conference, which shall be conducted under the specific conditions set by the chairperson or their deputy/acting chairperson.
4. Wherever possible, the hearing shall proceed according to the following sequence:
a) testimony of any witnesses called by the accused and approved by the adjudicatory chamber;
b) testimony of any witnesses called by the investigatory chamber and approved by the adjudicatory chamber;
c) testimony of any witnesses called by the adjudicatory chamber;
d) closing statement by the investigatory chamber;
e) closing statement by a legal representative, if any, of the accused;
f) rebuttal statement by the investigatory chamber and the parties, if applicable;
g) final opportunity for the accused to speak.
5. Exceptionally, the chairperson of the adjudicatory chamber (or the deputy/ acting chairperson in the respective proceedings) may decide to organize a hearing by means of video conference.
Subsection 3: Deliberations, decisions
78. Deliberations
1. After the hearing, the adjudicatory chamber shall withdraw to deliberate on its decision in private.
2. If circumstances permit, the deliberations and decision-making may be conducted via telephone conference, video conference, or any other similar method.
3. Deliberations shall be conducted without interruption unless there are exceptional circumstances.
4. The chairperson shall decide in which order the various questions will be submitted for deliberation.
5. The adjudicator y chamber is not bound by the legal assessment of the facts submitted by the investigatory chamber. In particular, the adjudicatory chamber may extend or limit the rule violations pointed out by the investigatory chamber.
6. The members present shall express their opinions in the order set out by the chairperson, who always speaks last.
7. A member of the secretariat shall be present during the deliberations.
79. Taking the decision
1. Decisions shall be taken by the majority of the members present.
2. Every member present shall vote.
3. In the event of a tied vote, the chairperson shall have the casting vote.
80. Grounds of Decision
1. The adjudicatory chamber shall communicate its decision in full, written form.
2. In case of urgency, or under any other special circumstances, the adjudicatory chamber may notify only the terms of the decision to the party, which become immediately applicable. The full, written decision shall then be notified within the next 60 days.
81. Form and content of the decision
1. The decision shall contain:
a) the composition of the panel;
b) the names of the parties;
c) the date of the decision;
d) a summary of the facts;
e) the grounds of the decision;
f) the provisions on which the decision was based;
g) the terms of the decision;
h) notice of the channels for appeal.
2. The decision shall be signed by the chairperson and transmitted by the Secretariat.
82. Enforcement of decisions
It is the responsibility of the member associations, as well as of the relevant football officials, to make sure that the decisions taken and notified by the Ethics Committee are properly implemented, as required by the FIFA Statutes.
SECTION 4: APPEAL AND REVIEW
83. Appeal Committee
1. An appeal may be lodged by the party concerned, having a legally protected interest justifying amendment or cancellation of the decision, to the Appeal Committee against any decision taken by the Disciplinary Committee that relates to infringement s of article 30 of this Code.
2. Further provisions relating to lodging an appeal and proceedings before the Appeal Committee are set out in the FIFA Disciplinary Code (cf. article 60 ff.).
84. Court of Arbitration for Sport
1. Decisions taken by the adjudicatory chamber are final, subject to appeals lodged with the Court of Arbitration for Sport (CAS) in accordance with the relevant provisions of the FIFA Statutes.
2. The aforementioned decisions may also be appealed at CAS by the chief of the investigation.
85. Review
1. The investigatory chamber of the Ethics Committee may reopen a case that has been closed following a legally binding decision if a party discovers significant new facts or proof that, despite the investigation, could not have been produced sooner and would have resulted in a more favorable decision. In case of such reopening, the provisions regarding investigation proceedings shall apply.
2. A request for review shall be made by the party concerned within ten days of discovering the reasons for review, or it will not be admitted.
3. The limitation period for submitting a request for review is one year after the enforcement of the decision.
SECTION 5: PROVISIONAL SANCTIONS
86. Provisional sanction
1. At any time during an investigation, the chairperson of the investigatory chamber or the chief of the investigation may request that the chairperson of the adjudicatory chamber impose provisional sanctions in order to ensure that investigation proceedings are not interfered with or when a breach of this Code appears to have been committed and a decision on the merits of the case may not be taken early enough.
2. The interested parties may file their position against the request for provisional sanctions with the chairperson of the adjudicatory chamber within five days of the notification of the request for provisional sanctions.
3. The chairperson of the adjudicatory chamber shall decide without delay based on the file or they may decide to hear the interested parties or their representatives.
4. A provisional sanction shall start on the date on which it is notified (or deemed to be notified) by the chairperson of the adjudicatory chamber and shall end with the final decision of the adjudicatory chamber unless lifted earlier in accordance with article 67 of this Code. The period of the provisional sanction shall however not exceed the maximum length of the sanction that may be imposed with regard to the related breach(es).
5. The duration of provisional sanctions shall be taken into account in the final decision.
By: FIFA Code of Ethics,2023