Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law
Practicing both high performance and recreational sport involves not only many sacrifices, taking care of one's health and maintaining an appropriate shape, but also risks which result in damage to one's health and, in extreme cases – the death of a contestant. The athletes suffer various...
| Main Authors: | , , , , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Akademia Wychowania Fizycznego i Sportu w Gdansku
2020-12-01
|
| Series: | Baltic Journal of Health and Physical Activity |
| Subjects: | |
| Online Access: | http://bjhpa.journalstube.com/view/abstract/id/14203 |
| _version_ | 1829504494998650880 |
|---|---|
| author | TOMASZ WALDZIŃSKI CEZARY WALDZIŃSKI ALEKSANDRA DURZYNSKA EWA WALDZIŃSKA MAŁGORZATA KNAŚ KAZIMIERZ KOCHANOWICZ |
| author_facet | TOMASZ WALDZIŃSKI CEZARY WALDZIŃSKI ALEKSANDRA DURZYNSKA EWA WALDZIŃSKA MAŁGORZATA KNAŚ KAZIMIERZ KOCHANOWICZ |
| author_sort | TOMASZ WALDZIŃSKI |
| collection | DOAJ |
| description | Practicing both high performance and recreational sport involves not only many sacrifices, taking care of one's health and maintaining an appropriate shape, but also risks which result in damage to one's health and, in extreme cases – the death of a contestant. The athletes suffer various types of sports injuries during competitions or training sessions. Much of it is due to the behaviour of another contestant. Therefore, the question is when a sportsman, in the Polish legal system, will be liable for a penalty for the fact that during the competition he caused an injury (sporting injury) to his rival. The criminal liability of sportsmen may be subject to criminal law provisions concerning: causing serious bodily harm, causing other than serious bodily harm, unintentionally causing the death, violating personal inviolability. According to the criminal law, an injury caused as a result of sports activity should be defined as a bodily harm. It should also be pointed out that in the Polish legal system it has
been developed by doctrine and reflected in court rulings, the sport risk justification excluding the unlawfulness of the act and thus excluding criminal liability of the competitor causing damage to the health or death of the competitor. |
| first_indexed | 2024-12-16T10:19:02Z |
| format | Article |
| id | doaj.art-0b77dd0dfc2d4df9bda79ae76f3702a7 |
| institution | Directory Open Access Journal |
| issn | 2080-9999 |
| language | English |
| last_indexed | 2024-12-16T10:19:02Z |
| publishDate | 2020-12-01 |
| publisher | Akademia Wychowania Fizycznego i Sportu w Gdansku |
| record_format | Article |
| series | Baltic Journal of Health and Physical Activity |
| spelling | doaj.art-0b77dd0dfc2d4df9bda79ae76f3702a72022-12-21T22:35:21ZengAkademia Wychowania Fizycznego i Sportu w GdanskuBaltic Journal of Health and Physical Activity2080-99992020-12-01Supplement1111810.29359/BJHPA.2020.Suppl.1.02Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal lawTOMASZ WALDZIŃSKI0https://orcid.org/0000-0003-3181-6283CEZARY WALDZIŃSKI1https://orcid.org/0000-0003-4371-9691ALEKSANDRA DURZYNSKA2EWA WALDZIŃSKA3https://orcid.org/0000-0003-1002-0497MAŁGORZATA KNAŚ4KAZIMIERZ KOCHANOWICZ5https://orcid.org/0000-0002-8481-6335Lomza State University of Applied SciencesLomza State University of Applied SciencesLomza State University of Applied SciencesLomza State University of Applied SciencesLomza State University of Applied SciencesGdansk University of Physical Education and SportPracticing both high performance and recreational sport involves not only many sacrifices, taking care of one's health and maintaining an appropriate shape, but also risks which result in damage to one's health and, in extreme cases – the death of a contestant. The athletes suffer various types of sports injuries during competitions or training sessions. Much of it is due to the behaviour of another contestant. Therefore, the question is when a sportsman, in the Polish legal system, will be liable for a penalty for the fact that during the competition he caused an injury (sporting injury) to his rival. The criminal liability of sportsmen may be subject to criminal law provisions concerning: causing serious bodily harm, causing other than serious bodily harm, unintentionally causing the death, violating personal inviolability. According to the criminal law, an injury caused as a result of sports activity should be defined as a bodily harm. It should also be pointed out that in the Polish legal system it has been developed by doctrine and reflected in court rulings, the sport risk justification excluding the unlawfulness of the act and thus excluding criminal liability of the competitor causing damage to the health or death of the competitor.http://bjhpa.journalstube.com/view/abstract/id/14203criminal liabilityinjuriessports competition |
| spellingShingle | TOMASZ WALDZIŃSKI CEZARY WALDZIŃSKI ALEKSANDRA DURZYNSKA EWA WALDZIŃSKA MAŁGORZATA KNAŚ KAZIMIERZ KOCHANOWICZ Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law Baltic Journal of Health and Physical Activity criminal liability injuries sports competition |
| title | Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law |
| title_full | Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law |
| title_fullStr | Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law |
| title_full_unstemmed | Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law |
| title_short | Criminal liability for injuries of competitors arising in the course of sports competition in Polish criminal law |
| title_sort | criminal liability for injuries of competitors arising in the course of sports competition in polish criminal law |
| topic | criminal liability injuries sports competition |
| url | http://bjhpa.journalstube.com/view/abstract/id/14203 |
| work_keys_str_mv | AT tomaszwaldzinski criminalliabilityforinjuriesofcompetitorsarisinginthecourseofsportscompetitioninpolishcriminallaw AT cezarywaldzinski criminalliabilityforinjuriesofcompetitorsarisinginthecourseofsportscompetitioninpolishcriminallaw AT aleksandradurzynska criminalliabilityforinjuriesofcompetitorsarisinginthecourseofsportscompetitioninpolishcriminallaw AT ewawaldzinska criminalliabilityforinjuriesofcompetitorsarisinginthecourseofsportscompetitioninpolishcriminallaw AT małgorzataknas criminalliabilityforinjuriesofcompetitorsarisinginthecourseofsportscompetitioninpolishcriminallaw AT kazimierzkochanowicz criminalliabilityforinjuriesofcompetitorsarisinginthecourseofsportscompetitioninpolishcriminallaw |