Manifestations of sports hooliganism, and especially football hooliganism, are perceived by the legislator as acts that pose a sufficiently high public danger to be regulated by a separate piece of legislation, namely the Bulgarian Law on the Protection of Public Order during Sporting Events (colloquially referred to as the Football Hooliganism Act). These acts do not generally constitute crimes within the meaning of the Criminal Code, but they are distinguished by a higher degree of public danger than petty hooliganism.
It is precisely the commission of acts constituting sports hooliganism that is the subject of today’s article.
What is “sports hooliganism” and what are the means of defense when charges are brought?
Manifestations of sports hooliganism are, in principle, a specific administrative offense. For this reason, the Decree on Combating Petty Hooliganism (UBDH) does not apply to them, and the Law on Administrative Offenses and Penalties (ZANN) applies only to the procedure for establishing violations and imposing penalties. However, the Penal Code (PC) may still be applied if, in an individual case, it is determined that the act is so dangerous to society that it should be considered a crime rather than a simple administrative offence.
The Law on the Protection of Public Order during Sporting Events comprehensively regulates the forms of sports hooliganism in fifteen separate scenarios.
Thus, for an act to qualify as sports hooliganism, several conditions laid down in the law must be met simultaneously.
The first condition is that the anti-social behavior in question does not constitute a crime. Otherwise, as noted, the Law on the Protection of Public Order at Sporting Events will not apply. Punishment will be imposed in accordance with the Penal Code.
The second condition is that the antisocial behavior must have taken place in a sports facility (e.g., a stadium) or in a sports hall. It does not matter whether this happened before, during, or immediately after the sporting event, or on the way to or from it.
The third condition is that the antisocial behavior must be expressed in one of the following actions:
1. carrying flags, posters, and banners displaying texts, images, abbreviations, and symbols inciting hatred and violence, containing offensive epithets, or representing ideologies declared illegal;
2. refusing to comply with the instructions of persons responsible for the sporting event who are involved in security and safety, or of police authorities;
3. overcoming barriers, structures, and facilities located in the sports venue or sports area;
4. invading the sports field;
5. lighting and maintaining fires;
6. throwing objects;
7. wearing masks and actions to completely cover the face or parts of it, which makes recognition difficult;
8. using profanity, other indecent expressions, gestures, and behavior that are particularly vulgar, as well as expressions and chants that incite hatred on racial, ethnic, or religious grounds;
9. carrying weapons and objects that can be used as weapons; ammunition; sprays containing protective gas, corrosive or coloring substances; signal flares, explosive devices, pyrotechnic products, and other generally dangerous items, as well as their individual components; narcotic and other intoxicating substances, as well as other substances and items that may be dangerous to the life and health of others;
10. provoking or participating in fights;
11. using the items, objects, and substances listed in point 9;
12. assaulting competitors, judges, police officers, or other officials involved in the organization, security, or safety of the event, as well as medical personnel, journalists, photojournalists, and cameramen;
13. destruction or damage to foreign property;
14. use of flags, posters, and banners displaying texts, images, abbreviations, and symbols inciting hatred and violence, containing offensive epithets, or representing ideologies declared illegal;
15. persons staying in the sports area or sports facility during the period of a ban on attending sporting events in the country and abroad.
What are the penalties provided for in the law?
If a person is found guilty of committing sports hooliganism, then they may receive one of the following penalties:
- detention in a structural unit of the Ministry of Internal Affairs for a period of up to 25 days;
- A fine of between 1,000 and 2,000 levs, and when the violation is committed repeatedly, the fine is from 3000 BGN. to 5000 BGN.
- unpaid labor for the benefit of society.
For certain categories of violations specified in the law, a compulsory administrative measure is imposed – a ban on attending sporting events in the country and abroad for a period of one to two years.
Which persons may bear bear administrative and criminal responsibility for committed acts of sports hooliganism?
The rule is that all adults persons can bear bear criminal and administrative responsibility, provided that they lack grounds for them to there are no grounds for them to be deemed insane.
The issue is particularly relevant when it comes to persons who have not reached the age of majority.
The law stipulates that persons who have reached the age of 16 and are capable of understanding the nature and significance of their actions and controlling their behavior may be held liable for sports hooliganism. This circumstance is clarified for each individual case through a comprehensive judicial, psychological, and psychiatric examination.
Minors (under 14 years of age) and juveniles (under 16 years of age) cannot be held administratively liable. Educational measures are imposed on them by the relevant local commission for combating anti-social behavior by minors and juveniles.
When it comes to acts of sports hooliganism committed by adults who are under guardianship, administrative liability will be borne by their guardians or custodians, but only in cases where they have knowingly allowed the act to be committed. This circumstance is also a matter of proof in each individual case.
What is the procedure for imposing penalties for acts of sports hooliganism?
As with any administrative penalty proceedings, for to may be imposed compulsory administrative measures and penalties may be imposed for the occasion of the committed act, constituting sports hooliganism, it is necessary for the violation to be established by an act. It is issued by the authorities of the Ministry of Internal Affairs who have police powers. a33> police powers.
IMPORTANT! The act must be drawn up within a period not exceeding – later than three months, counting from the date of committing the anti-social act. If this period is not observed, any act, which is issued after its expiration, shall be unlawful.
After drawing up the report establishing the administrative offense of sports hooliganism, the head of the relevant district office of the Ministry of Internal Affairs, in whose district the offense was committed, has 24 hours to take action to ensure that the penalty is imposed.
The first option is to issue a penalty order and an order for the application of a coercive administrative measure – a ban on attending sporting events in the country and abroad. This option is available to the official in cases where the anti-social behavior consists of carrying flags, posters, and banners displaying texts, images, abbreviations, and symbols that incite hatred and violence, contain offensive language, or represent ideologies that have been declared illegal.
This also applies to cases where there is a refusal to comply with the orders of the responsible authorities. a4> refusal to comply with the instructions of those responsible for the sporting event persons, engaged with security and safety, or police authorities and overcoming barriers devices, structures and facilities, located in the sports facility or the sports area.
The same authority the head of the relevant RU of the Ministry of Interior has and in the event of a8> intrusion into the sports grounds; lighting and maintaining fires; throwing objects; wearing masks and actions to completely cover the face or parts of it, which makes it difficult to recognize; uttering swear words, other indecent expressions, gestures and behavior that are particularly vulgar, as well as expressions and chants that incite hatred on racial, ethnic or religious grounds.
Carrying weapons and items that can be used as weapons; ammunition; sprays containing protective gas, with corrosive or coloring substances; signal rockets, explosive devices, pyrotechnic products and other generally dangerous means, individual technical components; narcotic and other intoxicating substances, as well as other substances and items that may be be dangerous to the life and health of others, as well as provoking or participating in fights are acts, for the commission of which a criminal sentence is also issued.
His second option is to refer the case to the district court for resolution in cases where the act of sports hooliganism was committed through the use of weapons and objects that can be used as weapons; ammunition; sprays containing protective gas, corrosive or coloring substances; signal flares, explosive devices, pyrotechnic products, and other generally dangerous means, individual components thereof; narcotic and other intoxicating substances, as well as other substances and objects that may be dangerous to the life and health of others; assaulting competitors, referees, police officers, or other officials involved in the organization, security, or safety, as well as medical personnel, journalists, photojournalists, and cameramen; destruction or damage to property.
The case file is submitted to the district court and when the manifestation of sports hooliganism is committed through the use of flags, posters and banners on which are depicted texts, images, abbreviations and symbols, inciting to hatred and violence, containing offensive qualifications or embodying ideologies, declared illegal, as well as by staying in the sports area or a36> the sports facility by persons during the term of the imposed ban on attending sports events in the country and abroad.
The next scenario in which the case is referred to the district court for consideration is when an anti-social act constituting sports hooliganism has been committed repeatedly, as well as when the perpetrator is a minor between the ages of 16 and 18.
IMPORTANT!!! In cases where it is deemed that the case should be referred to the district court for resolution, the perpetrator may be detained for up to 24 hours if there is evidence that they may abscond, obstruct justice, or fail to appear in court. Any detention without these grounds being present will be unlawful.
What are the means of defense against charges of sports hooliganism?
Firstly, when an administrative violation report is issued for sports hooliganism, the law provides for the possibility of filing an objection against it. The head of the relevant police department is obliged to review this application and, if necessary, investigate the disputed circumstances raised therein.
Secondly, if a penalty order is issued on the basis of the administrative offense report, imposing liability for sports hooliganism, it may be appealed in court.
Thirdly, if the case file is submitted for consideration by the relevant district court, the so-called defense on the merits should be undertaken, which is determined for each individual case depending on the facts and circumstances of the case.
IMPORTANT!!! For any unlawful action by administrative authorities, the state owes compensation to the affected citizen.
In conclusion
The provisions concerning acts constituting sports hooliganism refer to the cases exhaustively provided for in the law and listed above. For any act not included in the above list, penalties will be imposed depending on the relevant classification, which will be determined according to the individual facts and circumstances of the case.
However, even if an act has been committed that falls within the list of anti-social behaviors defined by the legislator as sports hooliganism, it is possible to be held criminally liable for the crime committed. This could be so-called “gross hooliganism,” destruction and damage, bodily harm, including hooliganism, arson, and many others. In all these cases, imprisonment is provided for as punishment.
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