Izvršenje krivičnog dela od strane sportiste u toku trajanja sportske igre

Abstract

In the modern world, sport is a very important segment, which fulfills various individual and social functions. In order for sport to preserve its importance for the social community and its members, it is necessary to preserve the values of sport. As one of the phenomena that can reduce the value of sport, we can mention violence that is in conflict with the rules of the sports game. During the duration of the sports game, athletes may be allowed a certain type of aggressive behavior by the rules of the sports game. However, a controversial issue arises as to how the criminal law should be applied in situations where, during the duration of a sports game, there has been a violation of those goods that are protected by the criminal law. The goal of this paper is to provide an answer to the question of whether criminal law and in which situations it should react if, during the duration of a sports game, there is a violation of goods that are protected by criminal law. In order to determine whether a criminal offense was committed by an athlete during a game, it will be necessary to analyze whether all elements of the general concept of a criminal offense have been met. In this sense, the central part of the work will be dedicated to the institution of the injured party's consent as a basis for the exclusion of illegality, which in the doctrine is considered to be important in the case of injuries caused during sports competitions.