La violencia endógena en el deporte: aspectos jurídico-penales

Abstract

The non-existence of a specific topic in the criminal law legislation about sports injuries impose the use of the general elements of offenses against the person offered by the criminal law legislation, this use is necessary because of the need of impute criminal liability to the sports player. The relation between criminal law and administrative law and also the “social appropriateness” of the sports injuries creates a problem concerning of the exclusion of the possibility of a criminal offense and a close approach to an administrative sanction. The purpose of this work is to propose the application of the general elements of the offenses against the person and apply them in the sports scenario and expose the need for an specific regulation of this problem by using the structure of the criminal law, and also the pros and cons of the application of the criminal law in sports and the most relevant judicial decisions on the topic.

Keywords

• non bis in idem
• injury
• social appropriateness
• allowed risk
• lex artis