Problematica violentei exercitate într-un joc sportiv (II). Raspunderea penala a participantilor la jocul sportiv
Violent Behaviours in Sports (II). Criminal Liability of Sport Participants

Summary/Abstract: Concerning the issue on sport violence, the author analyzes the criminal liability of sport participants, of coaches, of referees, and as well, the liability of the sport clubs. Thereby, beginning with the sport games classified as contact sports, non-contact sports or collision sports, the author re-examines the criminal liability of sport participants, by emphasizing the flaws regarding the most important arguments related to criminal liability excuses identified and discussed by the relevant legal literature. The analysis of the authorized risk, besides the criminal liability of sport participants, represents also one the key aspects referred to within this paper. Subsequently, there will be considered the liability of the coach regarding concepts as abetment and complicity (both moral and material complicity), as well as the liability of the referee as a guarantor towards other participants. At last, but not least, the author argues that the sport club may be liable for the violence exerted both by sport participants and coaches. This analysis starts by taking into account the utility of such a liability, following by the review over sport club’s culpability and material acts committed by its agents, capable of engaging the upper mentioned liability. The controversial aspects regarding these issues will be identified and examined as well.

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