Chapter II Safety Of Sporting Events
LexInter | October 12, 2007 | 0 Comments

Chapter II Safety Of Sporting Events

SPORT CODE
(Legislative Part)

Article L332-1

   The organizers of for-profit sports events may be required to provide a security service under the conditions provided for in Article 23 of Law No. 95-73 of 21 January 1995 on orientation and programming relating to security. .

Article L332-2

   The companies referred to in article 1 of law n ° 83-629 of 12 July 1983 regulating private security activities ensure the surveillance of access to the enclosures in which a sports event is organized bringing together more than 1,500 spectators under the conditions provided for in article 3-2 of this law.

Article L332-2-1

(inserted by Law n ° 2006-784 of July 5, 2006 art. 5 Official Journal of July 6, 2006)

   When a video surveillance system is installed in an enclosure where a sporting event is taking place, the persons responsible for its operation, in accordance with the prefectural authorization issued in application of article 10 of law n ° 95-73 of January 21, 1995 orientation and programming relating to safety, and the organizer of the sports event ensure, prior to the conduct of said event, the proper functioning of the video surveillance system.
   Failure to comply with the obligation set in the first paragraph is punished by a fine of 15,000 euros. 

Article L332-3

   The fact of introducing or attempting to introduce by force or by fraud into a sports arena, during the course or broadcast in public of a sports event, alcoholic beverages within the meaning of Article L. 3321-1 of the public health code is punished by one year’s imprisonment and a fine of 7,500 euros.
   The provisions of the first paragraph are not applicable to persons authorized to sell or distribute such drinks in application of the third to sixth paragraphs of article L. 3335-4 of the same code.

Article L332-4

   The fact of entering in a state of intoxication to a sports enclosure during the course or the retransmission in public of a sports event is punished by 7,500 euros. The fact, for the author of this offense, to be guilty of violence having resulted in a total incapacity for work of a duration less than or equal to eight days is punished with one year of imprisonment and 15,000 euros of fine.

Article L332-5

   The fact of having, in a state of intoxication, entered or attempted to enter by force or by fraud in a sports enclosure during the course or the retransmission in public of a sports event is punished by one year of imprisonment and a fine of 15,000 euros.

Article L332-6

   During a sports event or the retransmission in public of such an event in a sports arena, the fact of provoking, by any means whatsoever, spectators to hatred or violence towards the referee, a sports judge, a player or any other person or group of persons is punished by one year’s imprisonment and a fine of 15,000 euros.

Article L332-7

   The fact of introducing, wearing or exhibiting in a sports arena, during the course or the retransmission in public of a sports event, badges, signs or symbols recalling a racist or xenophobic ideology is punished by one year. imprisonment and a fine of 15,000 euros.
   The attempt of the offense provided for in the first paragraph is punishable by the same penalties.

Article L332-8

   The fact of introducing rockets or fireworks of any kind or of introducing without legitimate reason any objects likely to constitute a weapon within the meaning of article 132-75 of the penal code in a sports arena during the course or the retransmission in public of a sporting event is punished by three years’ imprisonment and a fine of 15,000 euros.
   The attempt of the offense provided for in the first paragraph is punishable by the same penalties.
   The court may also order the confiscation of the object which was used or was intended to commit the offense.

Article L332-9

   Throwing a projectile posing a danger to the safety of people in a sports arena during the course or the public retransmission of a sports event is punishable by three years’ imprisonment and a fine of 15,000 euros.
   The fact of using or attempting to use the movable or real estate installations of the sports arena as a projectile is punishable by the same penalties.

Article L332-10

   Disrupting the progress of a competition or endangering the safety of people or property, by entering the competition area of ​​a sports arena, is punishable by one year’s imprisonment and 15,000 euros fine.

Article L332-11

(Law n ° 2006-784 of July 5, 2006 art. 2 I Official Journal of July 6, 2006)

   Persons guilty of one of the offenses defined in Articles L. 332-3 to L. 332-10 and L. 332-19 of this code also incur the additional penalty of prohibition to enter or go to the vicinity of an enclosure where a sporting event takes place, for a period which may not exceed five years. The person sentenced to this penalty is required by the court to respond, at the time of sporting events, to the summons from any authority or any qualified person designated by the court. As soon as the sentence is pronounced, the trial court specifies the obligations arising for the convicted person from this penalty.
   This additional penalty is also applicable to persons guilty of one of the offenses defined in articles 222-11 to 222-13, 322-1 to 322-4, 322-6, 322-11 and 433-6 of the penal code when this offense has been committed in an enclosure where a sporting event is taking place or, outside the enclosure, in direct connection with a sporting event.

Article L332-12

   When a person is convicted in a state of legal recidivism for one of the offenses mentioned in article L. 332-11, the additional penalty provided for in this article may also be pronounced.

Article L332-13

(Law n ° 2006-784 of July 5, 2006 art. 2 II Official Journal of July 6, 2006)
 Anyone who enters or goes, in violation of the prohibition penalty provided for in Articles L. 332-11 and L. 332-12, in or around an enclosure where a sporting event is taking place or who, without cause legitimate, avoids the obligation to respond to summons sent to him at the time of sporting events is punished by two years’ imprisonment and a fine of 30,000 euros.

Article L332-14

   When the convicted person is of foreign nationality and has his domicile outside France, the court may, if the gravity of the acts committed justifies it, pronounce instead of the additional penalty defined in the first paragraph of article L. 332-11 that ban from French territory for a period not exceeding two years.

Article L332-15

   Under conditions specified by decree in the Council of State, the prefect of the department or, in Paris, the prefect of police can communicate to the approved sports federations and to the associations of supporters mentioned in article L. 332-17 the identity of the persons who have been sentenced to the additional penalty in application of Articles L. 332-11 to L. 332-13

Article L332-16

(Law n ° 2006-784 of July 5, 2006 art. 3 Official Journal of July 6, 2006)

   When, by his overall behavior during sporting events, a person constitutes a threat to public order, the representative of the State in the department and, in Paris, the prefect of police may, by reasoned decree , pronounce against him a measure prohibiting entering or going to the surroundings of the enclosures where such demonstrations take place or are broadcast in public.
   The decree, valid on the national territory, fixes the type of sporting events concerned. It cannot exceed a period of three months.
   The representative of the State in the department and, in Paris, the prefect of police can also impose, by the same decree, on the person subject to this measure the obligation to answer, at the time of the sporting events object of. prohibition, to the summons of any authority or any qualified person it designates.
   The fact, for the person, of not conforming to one or the other of the decrees taken in application of the preceding paragraphs is punished with a 3,750 euros fine.
   The prefect of the department and, in Paris, the prefect of police can communicate to the sports federations approved in application of article L. 131-8 and to the associations of supporters mentioned in article L. 332-17 the identity of the persons. subject to the prohibition mentioned in the first paragraph.
   A decree in Council of State fixes the modalities of application of this article.

Article L332-17

   Approved sports federations, supporters’ associations and associations aimed at preventing violence during sporting events approved by the Minister responsible for sports and any other association whose social purpose is the fight against racism and xenophobia and anti-Semitism and having been declared for at least three years at the time of the facts may exercise the rights granted to the civil party with regard to the offenses mentioned in Articles L. 312-14 to L. 312-17 and L. 332 -3 to L. 332-10.

Article L332-18

(inserted by Law n ° 2006-784 of July 5, 2006 art. 4 Official Journal of July 6, 2006)

   May be dissolved by decree, after the opinion of the National Consultative Commission for the Prevention of Violence at Sports Events, any association or de facto grouping having as its object the support of a sports association mentioned in Article L. 122-1, including members have committed in a meeting, in connection with or on the occasion of a sporting event, repeated acts constituting damage to property, violence against persons or incitement to hatred or discrimination against persons on the grounds of their origin, their sexual orientation, their sex or their belonging, real or supposed, to a specific ethnic group, nation, race or religion.
   Representatives of associations or de facto groups and club officers concerned may present their observations to the committee.
   This commission comprises:
   1 ° Two members of the Council of State, including the president of the commission, appointed by the vice-president of the Council of State;
   2 ° Two magistrates of the judicial order, appointed by the first president of the Court of Cassation;
   3 ° A representative of the French National Olympic and Sports Committee, a representative of sports federations and a representative of professional leagues, appointed by the Minister responsible for sports;
   4 ° A personality chosen because of his competence in matters of violence during sporting events, appointed by the Minister in charge of sports.
   The operating conditions of the commission are set by decree of the Council of State.

Article L332-19

(inserted by Law n ° 2006-784 of July 5, 2006 art. 6 Official Journal of July 6, 2006)

   The fact of participating in the maintenance or reconstitution, open or disguised, of an association or a group dissolved in application of article L. 332-18 is punishable by one year of imprisonment and 15,000 euros. fine.
   Organizing the maintenance or reconstitution, open or disguised, of an association or a group dissolved in application of article L. 332-18 is punishable by two years’ imprisonment and 30,000 euros. ‘fine.
   The penalties provided for in the first and second paragraphs are respectively increased to three years ‘imprisonment and a fine of 45,000 euros and to five years’ imprisonment and a fine of 75,000 euros if the offenses at the origin of the dissolution of the The association or grouping were committed because of the victim’s origin, sexual orientation, sex or membership, real or assumed, to a specific ethnic group, nation, race or religion.

Article L332-20

(inserted by Law n ° 2006-784 of July 5, 2006 art. 6 Official Journal of July 6, 2006)

   Legal persons recognized as criminally responsible, under the conditions provided for in article 121-2 of the penal code, for the offenses defined by this chapter incur the following penalties:
   1 ° The fine under the conditions provided for in article 131-38 of the Penal Code ;
   2 ° In the cases provided for by Articles L. 312-14, L. 312-15, L. 312-16, L. 332-8, L. 332-9, L. 332-10, L. 332-11 ( second paragraph) and L. 332-19 of this code, the penalties mentioned in article 131-39 of the penal code.
   The prohibition mentioned in 2 ° of article 131-39 of the penal code relates to the activity in the exercise or on the occasion of the exercise of which the

Article L332-21

(inserted by Law n ° 2006-784 of July 5, 2006 art. 6 Official Journal of July 6, 2006)

   The natural or legal persons guilty of the offenses provided for in Article L. 332-19 also incur the following penalties:
   1 ° Confiscation of movable and immovable property belonging to or used by the association or group maintained or reconstituted;
   2 ° The confiscation of uniforms, badges, emblems, weapons and all materials used or intended to be used by the association or group maintained or reconstituted.

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