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RULES

PENALTY CODE

CHAPTER I


APPLICATION RULES


Article 1.- All irregularities and infractions committed in the scope and jurisdiction of FIMBA will be sanctioned by the Honorable Disciplinary Board; The irregularities and infractions committed in the scope and jurisdiction of a FIMBA championship will be sanctioned by the Honorable Disciplinary Board of the Championship with the penalties established in this Code.


HONORABLE DISCIPLINARY BOARD OF THE CHAMPIONSHIP


Article 2.- The H.D.B.C. is in charge of studying, resolving and sanctioning irregularities and infractions committed from the beginning to the end of a FIMBA championship, in accordance with the rules of this Code, the FIMBA Regulations, and the evidence of the facts brought to the cause.


Article 3. The H.D.B.C. will consist of three (3) members. A President, a first Member, and a second Member will be designated. The FIMBA´s President and Secretary and the Organizing Committee President will appoint these members and their position.


Article 4.- The H.D.B.C. will operate from the first day of the championship until two (2) hours after the last game of the championship or until it is decided by the Board.


Article 5.- All resolutions will be issued within two hours after the expiration of the deadline for the presentation of the discharge and will be notified immediately by the publication on the news billboard, on the event's social networks and on the championship website located at www.fimba.net.

CHAPTER II


REPORTS


Article 6.- In the event of any infringement to this Code, the corresponding reports may be submitted to the Technical Coordinator's office by: a) The Competition Director, b) the referees of the game; c) the games observers commissioners, and/or, d) the authorities of the championship.


Article 7.- The reports presented and the disqualifications without a report will be submitted daily by the Technical Coordinator to the H.D.B.C. for your treatment.


Article 8.- The reports must be made by the referees on the score sheet with an explanation of what happened in Spanish or English. The eventual extension of the report by the referees and/or the persons indicated in art. 6.- must be presented at the offices of the Technical Coordinator within two (2) hours after the fact and/or after the game.


Article 9.- The Technical Coordinator will send the report to the H.D.B.C. the same day of the event or the disqualification.


Article 10.- In the case of a game suspension by the referees, they shall explain in the report the extreme reasons motivating their decision.

CLAIMS


Article 11.- Who consider that there has been a violation of the rules of this Code and/or the Regulations for FIMBA Championships shall file a complaint in writing. The complaints against teams may only be made by the delegates of the participating teams or, failing that, the captains. The presentation of the complaint must be presented with the payment of the caution fee stipulated in the art. 13 of this Code.

TERMS OF PRESENTATION


Article 12.- Complaints must be submitted at the Organizing Committee office in writing in Spanish or English, within two (2) hours after the event or the end of the game.

CAUTION PAYMENT


Article 13. The complaints must be accompanied with the payment of U$S 250 in order to be sent to the H.D.B.C. Won't be admitted complaints without accomplishment of the term and the payment of the fee.

REPORTS, CLAIMS AND COMPLAINTS PROCEDURE


Article 14. Once the H.D.B.C receives a report, a claim or a complaint may call the people or any implicated part to be interrogated or may ask for any prove in case they considered necessary. The resolution will be made immediately after the discharge or the term to do it and the accused will be notified in that moment. In case he or she is not present shall likewise be notified as it is provided in the art. 21.


Article 15. The reports, claims or complaints will be notified on the billboard, the event's social networks and in the championship website linked to www.fimba.net, to allow the accused to make the defense discharge according to the articles of this Code.


Article 16. The reports or claims in the last day of the championship may be submitted until 30 (thirty) minutes after the corresponding game and will be decided in the next two hours of received by the Board as unique Instance. The resolution will be final and not appealable.

DISCHARGE


Article 17. The reported or accused part could make a discharge in writing. It must be presented at the H.D.B.C. office the same day of the publishing on the billboard, on the event's social networks or in the website of the championship until 10.00 AM of the following day.


Article 18. If the offense happens the last day of the championship the discharge may be made within (30) thirty minutes after the reception of the report and/or complaint. The failure to present the discharge produces the automatic expiration of the right to do it and the H.D.B.C. will resolve likewise.


TEMPORARY SUSPENSION


Article 19. Any player, coach or assistant who is duly notified by the referees, or is disqualified from a game, shall automatically accomplish the suspension for the next game in the playing schedule. This is in addition to any sanction applied by the H.D.B.C. In case of not accomplishing the suspension in the next game it will be raise to the double for the next two games.


REDEMPTION BY FINE


Article 20. The suspension for being disqualified without report may be redeemed with the payment of One hundred fifty US dollars (US$ 150) only once in the championship. The fine must be paid at the H.D.B.C. office to verify if there is not a referee report and this one is the first sanction; In that case will authorize the lifting of the suspension for the next game.


NOTIFICATIONS


Article 21. During the championship, the automatic sanctions, the Board decisions, the reports, claims and the complaints will be displayed on the billboard at the Information Center, on the event's social networks and on the website of the championship. The notification will be automatic.


CAUTION PAYMENT


Article 22. The appeals shall be addressed by the interested and/or the team delegate to the H.D.B.S office together with the payment of Two hundred fifty US Dollars fee (US$ 250). In the case of not-fulfillment of this payment the plea shall be void. 


APPEALS AND COMPLAINT APPEALS


Article 23 Against to a H.D.B.S. decision may be interposed an appeal accomplishing the Article 22 in order to be studied and solve definitively. This resolution will be final and will be fulfilled immediately


Article 24. The appeals shall be presented in writing in English or Spanish, and duly founded at the H.D.B.S. office until 10.00 am of the following day that they are displayed on the billboard, the event's social networks or the website of the championship with the payment of the fee mentioned in the Article 22.


Article 25. The appeals shall be studied and decided before 7.00 pm of the same day.


Article 26.- Failure to comply with the requirements of time and form in the presentation of an appeal, will determine if it is not presented.


Article 27. The amounts received by the H.D.B.S. as caution payment for the complaints and/or appeals presented, will be returned to the interested parties only in the case that the complaint and/or the appeal has been favorably decided.
The provisions of art. 76 referring to the request for reduction or commutation of sentences are not reached by this provision.

CHAPTER III


SANCTIONS - PAYMENT OF EXPENSES AND DAMAGES REPAIR

Article 28. The enforcement of the resolution made by H.D.B.S will be verified by the same H.D.B.S

Article 29. If verified any sanctioned has breached the sentence will be suspended the participation in any tournament organized or sponsored by FIMBA for a period of two years. The same penalty shall apply to persons or organizations that have allowed or encouraged the failure of the sanctions.

Article 30. It will be considered an act subject to penalty and therefore may be punishable any act or fact expressly foreseen in this Chapter, and those which although not exhaustively listed, affects any championships organized or sponsored by FIMBA.


Article 31. In the case of doubt the most favorable decision for the accused shall prevail. It cannot be applied more than one punishment for each fact.

PENALTIES


Article 32. The following sanctions shall be applied:

a. Suspension and disability

b. Ejection

c. Discount or loss of points

d. Fine

In any case the accused shall pay the expenses produced by his/her behavior and the damages caused.

Article 33. The penalty of suspension produces the automatic disabling of the sanctioned person by the time it is applied for participating in tournaments organized and/or sponsored by FIMBA, remaining the rest of the duties.

Article 34. If the term of the sanction is for years, it is understood that it starts the date on which the decision has become final and until the starting date of the same kind of championship in which the sanction fell.

Article 35. The same criteria shall apply when the penalty fall on delegates or FIMBA Representatives.

Article 36. The penalty of ejection ends permanently the rights throughout any nature.


Article 37. The sanction of loss of points means the taken of the points of the game regardless the result of it.


Article 38. The sanction of discount of points means the taken of the accumulated points before the sanction.


Article 39. The sanction of fine will be applied to individuals, teams and Representatives and shall be fixed by the H.D.B.C., according to the rules of this Code. In case of a team fine all the members: delegate, coach, attendees and players are responsible jointly and they will remain suspended until the effective payment of the fine.


Article 40. It will be an exclusive issue of the H.D.B.C. the decision, terms and amount of the payment for the expenses and damages caused.

PENALTIES ASSESSMENT


Article 41. The terms herein established shall be considered from the day and time shown at the billboards, the event's social networks or in the championship website according to the Article 21.


Article 42. The terms established in days shall be understood as consecutive. The terms established in games shall be consecutive and immediately following in the schedule of the championship.


Article 43. The sanctions of fine and the payment of the damages shall be paid within the period fixed by the H.D.B.C. From the deadline and until the payment of the fine or the damages becomes effective, the team or the people punished and required to pay will be disabled. Such disqualification shall cease immediately when the payment is made.

GRADUATION OF THE SANCTIONS


Article 44. For the purposes of sentencing shall be considered the character and representation invested when the event occurred, the background at the Registry of Recidivism, according the Article 47, as well as the circumstances surrounding the event and the damaged caused.

EXTENUATING CIRCUMSTANCES


Article 45. The extenuating circumstances are as follows:

a. The lack of disciplinary history of the team or person accused according to the Registry of Recidivism of the Article 47.

b. Any fact or circumstance that according to the H.D.B.C., constitute a mitigating element in the behavior of the person or team subject to prosecution.

AGGRAVATING CIRCUMSTANCES


Article 46. In case of recidivism, the penalty may be increased up to twice the corresponding application. The penalties applied in a championship that have not been fully performed during it, must finish in the successive FIMBA championships.

RECIDIVISM REGISTRY


Article 47. The Honorable FIMBA Disciplinary Board shall be responsible for keeping a Registry of Recidivism of all the teams and persons involved in any character into a FIMBA championships, sanctioned by H.D.B.C. Will be removed from the Registry the sanctions that have more than five years old. Only the sanctions applied by the H.T.D.C. will be registered, not the automatic suspensions. This Register is public and may appear on the website of FIMBA. The Organising Committees of FIMBA Championships should check at the Registry of Recidivism those sanctions that remain to fulfill in previous Championships, in order to prevent the entry of persons or teams whose sanctions are in effect at the time of starting the new tournament. The calculation of the penalty will include the subsequent tournaments even if the snactioned has not been registered or have withdrawn from participating.

CONCURRENT INFRINGEMENTS

Article 48. In the event that the accused had committed more than one offense punishable at the same time, it will be applied at a minimum the lesser penalty and at maximum the greater punishment.

REDUCTION AND COMMUTATION OF SANCTIONS

Article 49. It can be applied for remission or commutation the following penalties:

a. Suspension of players, coaches or assistants for two games or more;

b. In cases of ejection, when a period not less of the half of the sentence has elapsed, in accordance with the provisions of art. 54.-.

Article 50. The reduction or commutation of sanctions must be requested as an appeal, in writing to the H.D.B.C. with the fee payment of US$ 200 (Two hundred US Dollars).

CHAPTER IV

SANCTIONS IN PARTICULAR


Article 51. Shall be applied a penalty of suspension for one game to the player or coach ejected from a game because two technical fouls, or two unsportsmanlike fouls or one unsportsmanlike foul and one technical foul in the same game.


Article 52. Shall be applied a penalty of suspension for two games in the following cases:

a. Protest, argument or disrespectful resistance to the referees calls, duly informed on the score sheet,

b. Insult to the referees, the scorekeepers or the tournament authorities, during or after the end of the game.

Article 53. Shall be applied the penalty of suspension for the rest of the championship to whom attempt any kind of violence to any people before, during or after a game.

Article 54. Shall be applied the penalty of ejection from the championship and a penalty of three (3) to five (5) year of suspension to whom assault any referees, player, tournament authorities, scorekeeper, or any other person, before, during or after a game.

INAPPROPRIATED INCLUSION OF PLAYERS


Article 55. The sanction of ejection from the tournament and the suspension up to two years corresponds to the player who:

a. participates in more than one team of the same or another category, whether from the same or another country;

b. to the player who intervenes in a category with a lower age than the corresponding one.

Article 56. The same penalty as the mentioned in article 55, b), will apply to the team delegate, the captain and the FIMBA Representative of the country that includes a minor player.

Article 57. The team playing with a player who is not at the team roster or included in the cases mentioned in art. 55.-, will be subject to the following penalties

a. the discount of the points of all the games played,

b. the ejection of the championship, and

c. a fine up to five hundred US dollars (u$d 500.-) in solidarity with all the members of the team.

NOT ATTENDANCE A GAME


Article 58. Shall be applied the sanction of loss of points to the team which fails to attend a game scheduled.


Article 59. Shall be considered as not-attendance and shall be applied the penalty of loss of point when a team doesn't show at the time scheduled. Shall not be any delay or waiting time after the scheduled time except a proved force majeure or an Act of God.


Article 60. In the case of the Article 59, it shall be applied a fine of the amount of US$ 200 (Two Hundred US Dollars) and the sanction of suspension for one game to the captain of the last game.


Article 61. When the two teams fail to attend a game, will be sanctioned with the provisions of arts. 59. and art. 60.

ABANDONMENT OF A GAME


Article 62. In the event that a team leaves the court during a match, the following issues shall be considered:

a. the team score shall be 20-0 against and 0 points;

b. If the score was favoring the team attending the game, it shall be kept, and that team wins the game;

c. the team leaving the game will be liable of a fine of up to two hundred and fifty US dollars (US$ 250), and

d. the team's captain will be automatically suspended for one game.

TEAM WITHDRAW


Article 63. In case the withdrawal of a team from the competition, will affect the loss of the position, corresponding to the last of the championship and the following sanctions will be applied:

  1. Suspension for a term up to three years to the players, coach, and team members,

  2. The penalty of payment of expenses and possible damages suffered by the Organizing Committee.

In the event the delegate, Coach or any player is a member of any of the FIMBA Committees, or its regional bodies, the penalty will be doubled. The suspension provided will be for playing in any type of national and international event sponsored or organized by FIMBA.

SPECIAL SANCTIONS TO AUTHORITIES


Article 65. Every sanction applicable to a player, which is part of the executive bodies of the Organizing Committee or at any FIMBA level, shall be the double of the corresponding one, remaining suspended for the position until the full accomplishment.


Article 66. The aggression by any individual as mentioned in the above Article, shall determine his ejection as player and as authority in the tournament, and the sanction of suspension from three (3) to five (5) years in his position at the corresponding FIMBA level shall be applied.

CHAPTER V

TRANSGRESSIONS AGAINST THE ENTITY AND MAXIBASKETBALL

Article 67. Any irregularities, transgression or violation committed against the entity or against Maxibasketball category will be considered and sanctioned by the Honorable Discipline Board of FIMBA with the procedure and penalties that are set in the following articles.

Article 68. Shall be considered an act subject to penalty and accordingly, may be punishable, any act, omission or fact affecting the normal development and objectives of FIMBA, its Committees and their governing bodies. Are included the organization of events, tournaments and championships violating the rules of this Code, endanger the realization of a scheduled event, threaten the normal development of activities or the operation of the entity, or imply a violation to the general or internal rules and regulations, and to the moral and good faith principles that govern the development of FIMBA in the world of Maxibasketball.

COMPLAINTS

Article 69. A complaint may be made for any given infringement according the previous and previous article, by:

a. the members of a governing body of any committee, the Representatives and Referees FIMBA;

b.the participant at any FIMBA event, and

c.the registered people to a FIMBA event.

It will be presented personally at the FIMBA Secretary or sent by mail to fimba@fimba.net in Spanish or English language.

Article 70. The complaints will be raised for treatment to the H.D.B. The decisions will be made within a period of ten (10) days after the discharge or the proves have been exhausted; the accused will be notified personally or digitally by e-mail or by publishing on the FIMBA official website

PENALTIES

Article 71. A fine up to eight hundred dollars (U$D 800.-) and the penalty of ejection from the event which takes part or is registered, and the suspension for three ( 3) years to five (5) years to participate in any FIMBA event or sponsored by FIMBA, shall be applied to who participate directly in the infringement of Article 68.

Article 72. A fine up to one thousand dollars (U$D 1000.-), the ejection of the entity and the disqualification to participate in any social or sporting FIMBA event, shall be applied to the member of any FIMBA state directly involved in the infringement of Article 68.

Article 73. The penalty of disqualification from participating in any social or sporting FIMBA event, shall be applied to whom falls within the provisions of Article 68 and/or boycott the total or the partial realization of any official FIMBA event: a) Pan American Championships , b) Central Caribbean Championship, c) South American Championship, d) European Championship, e) African Championship, f) Middle East championship, g) Leagues, h) official tournaments, i) World Tour of 3x3, j) World Championship, k) Basketball on the Sea, l) Congresses and Pan American Conferences, m) Congresses and European Conferences, n) Congresses and world Conferences, or any other formalized in the future.

Article 74. The penalty of disqualification for participation for a period of five (5) to ten (10) years in any social or sporting event FIMBA shall be applied to whom participate in an event, tournament or championship affecting in any way the FIMBA official social or sporting event.

 REMISSION OR COMMUTATION OF PENALTY

Article 75. It may be required the reduction or commutation of the following sentences:

a.Suspension, when it has fulfilled 50% of the penalty provided;

b.Ejection, showing that the criminal action has ceased and since that time has elapsed a term equal to the minimum of the corresponding article;

c.Disqualification to participate, showing that the criminal action has ceased and since that time has elapsed a term equal to the minimum of the corresponding article.

Article 76. The reduction or commutation of sentences should be required to the H.D.B. by appeal in writing and with the payment of (U$S 200.-) two Hundred US Dollars fee.

 

DEADLINES

Article 77. The deadlines in this Chapter shall run from the day following the notification of the decision.

EXTENUATING CIRCUMSTANCES

Article 78.  Extenuating circumstances are:

a.The lack of disciplinary background of the accused person, according to the Registry of Recidivism of the Article 47;

b.Any fact or circumstance that according to the H.D.B., constitute a mitigating element in the conduct of the person subject to prosecution.

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