O privire asupra cauzelor justificative în materia faptelor de violenłă sportivă
A perspective on justifying causes in the field of violent acts in sports

Summary/Abstract: At the beginning of the 21st century, sporting activities have undisputedly become a social phenomenon. In relation to this social reality, sport has brought about the interest of jurists, which have analyzed the impact it has on the individual as a subject of law. In the context in which Spanish or Italian law systems talk about an authentic concept of sport law, the Romanian legislation, doctrine and jurisprudence presents an unhappy image, with no coherent preoccupation on investigating this field. Starting from these premises, in introduction, the study presents some aspects of the interference between the sphere of sport and that of criminal law, namely the acts of violence performed by sportsmen in different sporting activities. In what follows, the study systematically displays the theories proposed by the literature and the jurisprudence in different systems of comparative law. Thus, the permission deriving from cutumiary or habitual law is one of the first theories that have emerged- the author rejects it, showing that, on the one hand, it is difficulty to argue the existence of a custom or habit that would come in contradiction with the express provisions of the law; on the other hand, there is a series of recent sports that cannot claim the existence of a long term practice. Another theory is the one of the permitted risk, represented by the balance between the perilous activity as such and its importance to society as a whole. Without pronouncing herself on the viability of the theory, the author underlines that this risk is appreciated best by professional sportsmen/ sportswomen, so that it appears that the exonerating finality of taking the risk is much more potent in the case of professional activities. Starting from some opinions of the German literature suggesting the establishment of the permitted risk as an independent justifying cause, the study focuses on the recent Italian solution of retaining permitted risk as a justifying cause not autonomously regulated by the Code. The author disagrees with this solution, arguing that, if not codified, this new justifying cause will not have its own juridical regime, therefore making it very hard to be operational. Another attempt to justify sporting violence is represented by the theory of an autonomous right- the right to practice sport. Encouraged in the Spanish literature, also supported by a part of the Italian one, the theory is based on the evolution of sport through time, and especially on the interest manifested towards sporting activities. As a critique, the author shows the theory is functional only if the sportsman respects the rules of the sport- this seems to give an advantage to professional, as amateurs practice sports without a strict abidance to the rules. In addition, the existence of this right as an autonomous one is debatable, given that the state permanently intervenes in this field, reserving the right to control the performing of spe

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