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World Applied Programming, Vol (3), Issue (9), September 2013.

469-472
ISSN: 2222-2510
2013 WAP journal. www.tijournals.com

Legal Responsibility in Sports


Fardin Shahbazi

Ghobad Naderi *

Parvin Naderi

Masoud Nosrati

Science and Research Branch,


Islamic Azad University,
Kermanshah, Iran.

Department of Law,
Payame noor University,
Iran.
naderighobad@yahoo.com

Kermanshah Branch,
Islamic Azad University,
Kermanshah, Iran.

Eslamabad-E-Gharb Branch,
Islamic Azad University,
Eslamabad-E-Gharb, Iran.

Abstract: The importance of physical education and sport that is necessary for good health and good health in
the society today on no one is not covered with the way that even national pride also linked up but it should be
considered that sport apart from the dangers and damage will not be and maybe one of the other athletes on the
national legislature to be mistake the risks and damage to the eye and have them has therefore clause article 158
at night New Islamic Penal Code act of 1392 if these movements according to the sport and that regulations and
standards on the contrary to legal responsibility is not punishment. but will not civil responsibility There is and
the responsibility of the punishment in return for the occurrence of the crime and it will be the realization of the
included beat and insult and curse but that civil responsibility for each individual in a society to life bound to
observe them and in case of violation had to bear losses and fines will be relevant as to pay debt pay fines
driving therefore in this article is that the try to take responsibility for the legal for an athlete comes to examine.
Keywords: Legal responsibility, sports error, legal, the theory of loathing of crime in sports

INTRODUCTION
the most one of the old days and even before the rise of the line, the need to provide food and clothing of the hunting
animals and need to obtain ability to confront dangers natural and diverse enemies ancient societies had to human to
physical education as one of the most of the life and the fact that power, perseverance, skill and speed in human life that
are of great importance it is with the use of the exercise and physical activities to the extent considerable strengthening.
When the government and the government-were established and their leaders were to protect or expand their borders
need ability to arms are in that war can victory for them to bring. The recent century sport merely physical readiness for
war abroad and as a necessity for the health care community and the higher it is professional-a number of members of
the society and post their professional sports.
Naturally in a way that looking at the sport as a necessity and the need for social and health and vivacity in the future that
it is tried to promote it because the tendency to corrupt the sport of the young generation and digress to prevent its
addiction and drugs will root out. But sports is not apart of the dangers during is a possible to the thigh on the other
mistake in this article trying to is that errors during eternal sports are legal study and know whether criminal liability and
civil or in such errors exists or not?
With regard to the importance of sports in the present society and also that a lot of the interests is formulated sports
errors from the viewpoint of law a high value that is why the attitude of influential people in sports. The purpose of this
article is that we know that errors are sports and criminal liability or civil? And the reason for that is that?
Need it in there errors in sports every day will happen. Especially in our time that sports a job.
I. PILLARS OF CIVIL RESPONSIBILITY
The rights of three bases for civil responsibility individuals known as follows.
-

first pillar) committing is action which into verbs or verb leave injurious and illegitimate to the occurrence of.
(Article 2 B. C. M.) They had done the same verb action is wrong in the sports field can include several actions like:

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an insult to horrify and . . .leave a brief action to also refused to and the measures it is said that an individual in that
responsible and required to be competent to act like refused to help the athletes participated
B: pillar II) between action and damage was done to the relation of cause and effect is established and if the
realization of it will be loss to cause action done or leave action injurious.
pillar III) the realization of the loss results and means that even if every three bases ensure previous return but the
practice would lead to the result loss time should not have been so one cannot be responsible for knowing
(pathfinder Mir Mohammad, snared, Mehdi, sports rights, 1389 the 79) in order to explain the triple pillars of
highlighting and civil responsibility for athletes consider that because of doing is going faced football game in the
fall of the athlete from another team to be in this event athlete first as is going to fall of and an athlete second referee
is the same reason that error is therefore pillars of first to third (Is Going to error the judge and the fall of the athlete)
realized that if an athlete II suffered accident damage and should not have been materialized yet and fourth pillar of
the athlete civil offender responsible for and has not been playing continues.
II. PILLARS OF CRIMINAL LIABILITY

Coaches, directors, the judges and sometimes athletes in sport fields have committed violations that their criminal
responsibility and be punished when they are legal personal environment in sports actions to insure that the law has been
recognized as a crime by the actions to criminal activity to be carried out and what the error and unwittingly be wrong
according to individual criminal and the criminal responsible for and must be punished and furious actions in her case is
implemented.
III. DEFINING SPORTS ERROR
Error in literally wrong against righteousness and sin that oppress intentional and not also in the sense it is a mistake and
error. (Persian culture Amid Zanjani, Hussein Amid Zanjani)
Error in law: practical description of clean that the negligence or unwittingly or mistake or carelessness do not appear as
opposed to the law. The principles of the civil rights of Iran corollaries is that error meddle with no responsibility for
assigning treatments is enough repulsive as a guarantee for loss (responsible for treatments) know. In the penal error is
the carelessness of governmental regulations and lack of skill (or in dictionary of human rights, Jafar Mahmood, 1634,
336)
Error is to a contract or the custom must avoid or abstain from doing what should be done (civil rights requirements of
outside the contract, Naser Katoozian gave, 296)
But what that definition should be word and explain events sports in article 158 (B. C. M. ". Legislative Assembly using
the term events all the results derived from the operations offensive sports that usually were a crime considered inclusion
in article 158. The event can be the. Revised start simple and broken, maim, fall member interests decline and disease on
a regular basis, the lack of or defect one of the senses or reason decline and finally lead to death. Therefore the word
events compared to the fault and whether more instances. Therefore the severity of the result of the profits of the
operation being obliterated sports crime or lack of it.
In a series of sports rules, regulations most obvious instance of the observer over the errors caused by the sports
operations. Every sport is essentially a collection of compiled under the title laws or regulations and the Federation
delegation or is. If an athlete from these rules during the match and the other athlete on creating an event that will be
wrong. Other words every movement that dangerous sports, opposed to every aspect of sports or sports morality has
been also error is considered to be. so it can be said of the sports events all crimes and peninsula salvage by athletes,
teachers, coaches, managers, the audience manufacturers and producers and equipment and the like directly or indirectly
in connection with sports. The theme of these events may health, life, property, honor, honor and other legal rights are in
scope in a way sports are present.

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IV. THE NATURE AND CHARACTERISTICS OF THE SPORTS ERROR


1. Does custom and professional sports federation decided to error that in court fault is instilled and?
2. Can we say that the rules of players Play by the rules are not guilt and responsibility of Turk?
The first question in the answer it is the general rules of the game to that rape and failure to observe the necessary
caution from the legal fault also is reasonable for athlete and conventional, such behavior is not to have been told that
sports fault in must first to rape special rules of interpretation that game. The contrary concept of night 158 the Islamic
penal new such that violation fault sports. In this article are among the actions that a crime it is we read:
The events caused by the operation sports, provided they do not cause the violation of rules and events related to the
sport and these regulations as well as with the standards legal opposition would not be "Decrees this verdict credit
regulations in sports actions according to rules approved public crime and sports rules of innocence he is but of the
concept of opposition that are used that the violation of rules of public. so it should be said that a handful of the error in
boxing can be delivered and beat fault. This is the supervisor to the penal responsibility is not civil but instilled in
financial criteria that can be used and the mix of the responsibility for civil and penal code in which the law, possibility
of using the proposed confirm with the, as it has been power of custom many of the faults to be tolerant and only fault of
lifelong and instilled a heavy sees.
But in response to the second question is more and many of the authors have been approved by that court to rules of the
game is not in other words, a sports law as a guide always used, but mandatory requirement for court will not create and
what custom in game always is legitimate rights in court and not ridicule can on the basis of social and moral and the
purpose it sports motion error and knowing. Especially in cases where the result of the action of injurious (like death and
blindness and permanent paralysis) court generally hard and standard flexible (i.e., athlete behavior and reasonable
conventional) to reach justice. (civil rights requirements of outside the contract, Naser Katoozian gave, 410)
V. CANONICAL STANDARDS IN CLAUSE
(e article 158 Penal Code New Islamic: compilation of the Islamic punishment defined standards or Canonical instances
specified. On the judge and the courts is that punishment four wood standards limit the legal regulations governing the
operation and athletic games to identify in reaction to the incidents sports operations can legitimate and in accordance
with legal regulations and then act in issuing a verdict. Islam with that group of sports and competition of the sport that
requires torment or non-opposed.
Though the law and regulations against the of Islam in general is wrong but not all-of the law and regulations-but only
the law and the law is wrong absurdity as the basis, against canon law.
These can be in the absence of disagreement that sport regulations legal standards with two imaginable; one is that
consistent with the principles of the canonical some sports generally forbidden. . . And that some of the regulations in
conformity with rules sport, contrary to diagnosed with and false.
I must admit he was not opposed to religious standards "if after the victory of Islamic Revolution in 158 B. C. S. J. M. A.
do not express with grace of the superiority of the constitution like the principle of the IV sports regulations could not in
conflict with the standards canonical.
The basically no need to emphasize on this and or did not exist.
After the accidents of the action sports results which the actions of violent sports are and to cause damage to another body
and predicted that this is because most sports exposed to such actions and legislative regulations that should be predicted.
One of the conditions is that it sports operations in custom sports accepted and has been recognized for the phrase
"regulations related to the story that it should be part of some sports a sports regulations and recognized rules should not
have been in the situation. Of course from the regulations is that such a regulation should be in written form and
approved by the authority for a special but should be custom professional athletes that sport also is not therefore
necessary to sport under the supervision and organization a special.

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Although in the article 158 specified that there is no operation in sports because of subterfuge if a crime of violence that
in while sport had occurred and "operation of sports) indicates is due for the event of the action sports this consists of
coarse means so if before the operation sports or after that commit can reference to article 158.
"Violation of rules related to the sport) indicates one of the other operation conditions is sports and that exit had
committed one of the goals and regulations sports so if he committed with the aim to deliberately harm another commit
violence punishment to be deliberate crime in and if the inadvertent committed crimes regulations be subject to
inadvertent.
One of the conditions is that it sports operations against victim satisfaction with his company in sports operations have
for though in the text of article is not consent but if meaning is not the realization of sports will not be.
VI. THEORY OF THE CRIME IN SPORT
sports rights in the discussions always scientists of this field have tried to sport crimes of the other separate crimes and
prosecution cases and punishment conditions athletes and coaches guilty of the criminal law of separation of powers to
General criminal action in normal conditions happen in sports and all pillars of crimes have the legislative committed
similar to other criminals in charge and does not because there are some special regulations sports of committing some
actions in the form of fighting and competition in circumstances were not for the same reason cautioned and the agents in
these cases lacked as a criminal law theorists are in explain the principles of the absorb crime lack of injuries that result
in operations due sports.
1-lack of theory to criminal activity: according to some of the scholars of human rights caused by events of the operation
in terms of lack of intention to sports offensive was a crime and punishable crime in their view are that in the arena of
non-sports law criminal transition for committing them are feel is hatred of the motive and cherish while blows and
sports events free of this issue so according to a view based on the lack of criminal intent on the motive of hatred, and
enmity may be competition in exercises and sports is not for can in the formation of a crime have a role.
VII. RESULTS
In the case that in sports regulations related to be observed and that the regulations contrary to religious principles and is
not wrong on the other athlete will be eternal punishment responsibility will not be responsible for this civil will be lost
and are still in force the rights of observers in interpretation the principles of the crime lack of injuries that result in the
theory of sports will be the various to have according to some of the scholars of human rights events sports operations due
to the lack of criminal activity was a crime and punishable not some lawyers believe that all people in the company sports
from the occurrence of the knowledge and science to this subject to sport to the field so they can not harm the results once
it protest.
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