Throwing Foreign Objects onto the Field
Stadiums are venues where sporting events take place, bringing together thousands of people simultaneously and creating highly emotionally charged situations. While the cheers, excitement, and enthusiasm of the fans are an integral part of sports, this enthusiasm can sometimes get out of control, creating serious security risks . In particular, throwing foreign objects onto the field, using explosives, fireworks, or flammable materials , threaten not only the flow of the sporting event but also public safety and order.
In Turkish law, such actions are evaluated based on two main regulations:
-
Turkish Penal Code Article 170 – Deliberately endangering public safety,
-
Law No. 6222 on the Prevention of Violence and Disorder in Sports, Article 15 – Possession and use of prohibited substances in stadiums.
The intersection of these two norms constitutes one of the most important areas where sports law is directly linked to criminal law.
1. Turkish Penal Code Article 170: Deliberately Endangering Public Safety
Article 170 of the Turkish Penal Code contains the following provision:
"Anyone who causes a fire, building collapse, landslide, avalanche or flood, or who deliberately endangers public safety by using explosives, shall be punished with imprisonment from one to three years."
The article further states that "anyone who causes noise or vibration that may endanger the life, health, or property of others" shall be punished in the same way.
Based on this provision, in the stadium:
-
Detonation of explosive material,
-
Using fireworks or flammable materials,
-
Throwing a chair or hard object is considered an action that "endangeres public safety."
The important point here is that a crime does not necessarily tangible harm ; the mere existence of danger is sufficient. Therefore, even if a flare thrown onto the field does not injure anyone, it constitutes a crime under Article 170 of the Turkish Penal Code because it endangers public safety.
2. Law No. 6222, Article 15: Use of Prohibited Substances
Law No. 6222 introduced special provisions to ensure security in sports areas. Article 15 of the law states:
"Anyone who brings into, possesses, or uses a flammable, incendiary, explosive, cutting, piercing, or bruising tool or substance that is likely to cause harm to the competition area, spectators, athletes, officials, or facilities imprisonment from one to five years ."
Furthermore, even individuals who are not spectators at a match can be perpetrators in this crime ; for example, the article applies if explosives are used around the stadium.
This provision is a more specific regulation than Article 170 of the Turkish Penal Code , because it requires the event to occur within the context of a sports competition. In this respect, Article 15 of Law No. 6222 has the character of a lex specialis (special norm).
3. The Intersection Between Two Norms
The fundamental question here is:
Can a person who uses explosives or foreign objects in a stadium be held liable under both Article 170 of the Turkish Penal Code and Article 15 of Law No. 6222, or should only the special law (Law No. 6222) be applied?
the general principle of criminal law the relationship between specific and general norms , the specific norm is applied. That is, if the incident occurred in a sports field, Article 15 of Law No. 6222 is applied first.
However, if the consequences of the act are very severe (e.g., serious injury or death), other provisions of the Turkish Penal Code may also come into play.
-
Intentional injury (Turkish Penal Code Article 86),
-
Intentional homicide (Turkish Penal Code Article 81),
-
Damage to property (Turkish Penal Code Article 152).
In this case, the perpetrator can be punished separately under both Law No. 6222 and the Turkish Penal Code. The Supreme Court's practice is also in this direction: it is accepted that Law No. 6222 only regulates the security and disciplinary aspects, while the consequences of the act are subject separately to the Turkish Penal Code.
4. Problems of Identifying and Proving the Perpetrator
The biggest challenge in investigating these crimes identifying. In stadiums, the crowded environment, lighting, and chaos make it difficult to directly identify the perpetrators.
Therefore, Law No. 6222 provides for special measures to identify the perpetrator:
-
the electronic ticketing (Passolig) system, spectators' identities are recorded in advance,
-
Recording the events using cameras and video recording systems ,
-
Reports from private security guards,
-
Witness statements.
The Court of Cassation deemed it sufficient to identify the perpetrator solely through camera footage; it emphasized that the evidence should be examined sequentially (Court of Cassation, 8th Criminal Chamber, Case No. 2019/3162, Decision No. 2020/2219).
However, in practice, the perpetrator is often not found and no criminal case is opened. In this situation, the responsibility on the club in the form of disciplinary action .
5. Clubs' Responsibility
If a fan throws a foreign object onto the pitch or uses explosives, and the perpetrator cannot be found, the club will be held disciplinaryly liable .
According to the TFF Disciplinary Regulations, the club:
-
Fine,
-
Playing without spectators,
-
Stadium closure,
-
They may receive point deduction penalties.
The aim of these sanctions is to encourage clubs to control their fans and increase security measures. However, clubs often argue that "it is unfair to impose collective punishment for individual actions."
Nevertheless, FIFA, UEFA, and CAS practices of objective responsibility .
6. Characteristics of Danger Crimes
One of the most debated points regarding stadium incidents is the nature of these crimes as "endanger crimes."
Articles 170 and 15 of Law No. 6222 of the Turkish Penal Code do not require concrete harm; merely endangering public safety is sufficient.
For example:
-
Throwing a flare onto the field constitutes a crime even if no one is hit.
-
Even simply bringing explosives into the stadium without using them is punishable.
This provides a deterrent effect in criminalizing fan actions.
7. Public Order and the Balance Between Rights and Freedoms
Although Law No. 6222 contains extensive regulations aimed at protecting public order, it has occasionally freedom of expression and the right to assembly . However, actions such as throwing foreign objects onto the field or using explosives cannot be considered within the scope of freedom of expression in any way. Because these actions directly threaten the life and safety of others.
Therefore, the balance between constitutional rights and freedoms here outweighs that of public security
8. Problems and Suggestions Regarding Implementation
-
Identifying the perpetrator: Camera systems should be used more effectively, facial recognition technology and electronic ticketing integration should be increased.
-
Club responsibility: Penalties imposed on clubs for fan actions progressively and fairly .
-
Education and preventive measures: A "non-violent stadium" culture should be developed in cooperation with fan groups.
-
Speedy trial: To ensure effective punishment for such crimes, sports courts or specialized prosecutor's offices could be established.
9. Conclusion
Throwing foreign objects onto the field, using explosives or flammable materials, and similar actions constitute both an offense of endangering public safety under Article 170 of the Turkish Penal Code and a specific sports law offense under Article 15 of Law No. 6222. The most distinctive feature of these offenses is that they are crimes of endangerment ; that is, they are punishable even if no concrete harm occurs.
Although identifying the perpetrator is often difficult, electronic ticketing and camera systems play a key role in solving this problem. Even if the perpetrator cannot be found, clubs are held accountable under disciplinary law.
Ultimately, these regulations aim to ensure that sporting events are held in a safe and fair environment, that fans' right to watch is protected , and that an atmosphere befitting the essence of sport is provided.
About Post Author
