Examination of criminal liability and legitimate defense in sports operations and the incidents arising from them
DOI:
https://doi.org/10.63053/ijhes.153Keywords:
Criminal Liability, Civil Liability, Sports Activities, Incidents Arising From Sports, Self-DefenseAbstract
Criminal titles in penal laws have been categorized and specified, and attention to the principle of legality of crime and punishment has led to the determination of specific punishments for each crime. Perpetrators of each of the criminal titles are subject to punishment and are sentenced to the punishment prescribed by law by judicial authorities; however, there are exceptions provided in the law where the perpetrator of a criminal act, despite the criminalization of the act committed, may be exempt from legal punishment under specific conditions outlined in the law, thus no conviction is issued against them. Among these instances are sports activities and the incidents arising from them, which, based on clause "Th" of Article 158 of the Islamic Penal Code ratified in 2013, if the conditions specified by the legislator are met, the committed criminal act will not be punishable, and the criminal liability and civil liability of the perpetrator will be eliminated, and even compensation for damages by the perpetrator will not be required. Similarly, there is the concept of self-defense in sports, where upon meeting its elements, the criminal liability of the perpetrator is lifted, and their act is not punishable, and considering the effects of justifiable causes in lifting criminal liability, the defending individual will also not have an obligation to compensate for damages. Given the legal stipulation and upon meeting the conditions outlined in the law, the lifting of criminal liability occurs in sports activities and the incidents arising from them, and if the committed criminal acts occur outside of sports activities or if the incidents resulting from the criminal act occur in cases other than sports activities, the legal punishment will be applied to the perpetrator of the acts.
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