CRIMINAL SANCTION AND CAUSES OF EXEMPTION FROM THE PENALTY IN THE INJURIES CAUSED IN THE PRACTICE OF FOOTBALL

Abstract

Often the bodily injuries caused in the practice of soccer involve weeks of recovery, when it comes to serious injuries, they can require long medical treatments and surgical interventions that even mean the withdrawal of the athlete from the professional practice. These injuries are not normally reported to the competent authority, perhaps because it is often mistakenly understood that all of them have no criminal relevance.
The truth is that, in the doctrine, the authors have dealt with injuries in the practice of sports, with different positions regarding the cases that deserve criminal sanction and those that are exempt from it. Thus, some affirm that said behaviors are atypical because they are caused under the consent of the athlete and the risk allowed; that they are exempt from punishment because sport is an activity that is carried out in the legitimate exercise of a trade or the exercise of a right; or that they do not fall within the scope of protection of the standard; or that they are not punishable by social adequacy. The objective is to establish when said injuries constitute an intentional or negligent crime and in which cases they are exempt from criminal sanctions in application of the crime theory; For this, the ideas and arguments of various authors will be analyzed and confronted, to establish that these cases must be analyzed case by case, since, a priori, it cannot be affirmed that these injuries are intentional or negligent or that they are exempt from punishment by this or that legal institution.