Κατεύθυνση Ουσιαστικό και Δικονομικό ΔίκαιοLibrary of the School of Law
Ιωάννης Ανδρουλάκης, Λέκτωρ Ποινικού Δικαίου & Ποινικής Δικονομίας, Νομική Σχολή, ΕΚΠΑ
Βία στα γήπεδα: ποινική ουσιαστική και δικονομική προσέγγιση του φαινομένου (άρθρο 41ΣΤ Ν. 2725/1999)
Spectator violence: substantive and procedural criminal approach of the phenomenon (art. 41F Law 2725/1999))
The scope of this thesis is to examine the existing legal framework concerning the criminal consequences of the phenomenon of the spectator violence at sports events (article 41F of law 2725/1999). The writer focuses on these points of the provision that raise concerns, seen from the point of view of both substantive and procedural criminal law, as well as the degree of use of the relevant provision by the judges and therefore the case-law that’s being formed. The article 41F does not really introduce a new crime in the criminal legal framework. The modus operandi of the crime of the so called “spectator violence”, is already described in the pre-existing articles of common criminal law. In order to stop this phenomenon at its birth, the national legislature standardizes as a new crime acts and behaviors, which constitute a level prior of the common crimes stipulated by the articles of the Penal Code. As a consequence, it is created a sui generis protected good, the regular conduct of sports events that consists of all those behaviors which under different circumstances would remain without penal response. The aforementioned law 2725/1999 has undergone numerous modifications, continuous additions and abstractions of provisions to the point that it has now transformed in a "collage" of paragraph and has lost the logical continuity, consistency and sequence, which had at the time of its first introduction in the legal framework. As a result, art. 41F consists of illegible, difficult to interpret or even contradictory provisions, duplications, and a lack of structure and systematic organization of content that cause additional problems in a criminal act, already difficult to define.
Main subject category:
Law and Legislation
Other subject categories:
L. 2725/1999, art. 41F, assault, sports events, spectator violence
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