The relationship between Criminal Law and Sports Law. Critical analysis of the criminal classification in sports and physical exercise

Abstract

The initial approach that gives rise to this research is related to the criminal legal treatment of four unsportsmanlike conducts, which we have called sports crimes, such as corruption or sports fraud, violence in sport, doping and sports injuries. Despite the fact that some of these conducts are classified as criminal offences, we observe that in Spain the application of Criminal Law in the sports field is complex, not only because of the existence of other possible sanctioning routes, such as administrative ones, but also because of the conflicts that arise with other areas of the legal system. This results in a certain impunity in sport in relation to these conducts. Our research question aims not only to analyse the reason for this situation in Spain, but also through Comparative Law to verify whether the legal treatment of sports practice is carried out in the same way or if on the contrary there are differences that can help to solve the problem under study. The objective of this thesis is to critically analyze the intervention of Criminal Law in sports practice in Spain with the resulting relationship between Sports Law and Criminal Law, carrying out a detailed review of the criminal classification in sports that occurs in our country and, in turn, compare said intervention with three legal systems, the Italian system, the French system and the Argentine system.