Violence in the Stands and Public Order
Although sport is considered an activity that contributes to social peace, the gathering of tens of thousands of people, especially in large stadiums, brings with it serious risks in terms of public order. Stadium violenceis a phenomenon that directly affects not only the sporting order but also public safety and the fundamental rights of individuals. In Turkey, the most comprehensive regulation on this issue the Law No. 6222 on the Prevention of Violence and Disorder in Sports .
However, fan actions also fall under various types of crimes within the scope of the Turkish Penal Code. In particular, Article 174 of the Turkish Penal Code (Unauthorized possession or transfer of dangerous substances) and the relevant provisions of Law No. 6222. The fundamental issue here is distinguishing between chants that fall within the limits of freedom of expression and acts of violence that disrupt public order.
The Legal Nature of Stadium Violence
Stadium violence manifests itself through actions exhibited collectively by fans:
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Fighting and assault,
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Throwing foreign objects onto the field,
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The use of explosive and flammable materials,
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Racist or discriminatory chants,
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Damaging public property.
These actions can constitute both a sporting disciplinary offense and a criminal offense . While sports federations punish clubs and fans within the framework of their own disciplinary rules, state penal norms also come into play due to the violation of public order
The Criminal Law Aspect of Law No. 6222
Law No. 6222is a lex specialis that specifically regulates stadium violence. The prominent provisions of the law are:
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Article 14: Entry without a ticket and use of counterfeit tickets,
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Article 15: Bringing flammable, incendiary, explosive, cutting or piercing tools into the sports area is prohibited.
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Article 16: Demonstrations containing unruly behavior, insults, and threats,
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Article 17: Disruption of the competition order,
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Article 18: Violation of travel ban measures.
These regulations directly criminalize the actions of fans and prescribe imprisonment. Thus, stadium violence ceases to be merely "sporting indiscipline" and becomes a criminal law issue concerning public order
Intersection of Article 174 of the Turkish Penal Code and Law No. 6222
Article 174 of the Turkish Penal Coderegulates the crime of "unauthorized possession or transfer of dangerous substances":
"Anyone who manufactures, possesses, transports, or distributes explosive materials without permission shall be punished with imprisonment from three to eight years."
This provision is directly applicable to flares, fireworks, and improvised explosive devices used in sports.
However, Article 15 of Law No. 6222 , which is a special provision in the context of sports , separately criminalizes bringing, possessing, or using explosives or flammable materials in a stadium. In this case, the relationship between special and general laws comes into play. The legal interpretation is as follows:
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If the incident occurred in a stadium or sports field, Article 6222, paragraph 15 shall apply first .
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However, if the explosive device possessed by the perpetrator poses a danger outside the sports area or is large-scale, Article 174 of the Turkish Penal Code comes into effect additionally.
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In the practice of the Supreme Court, the two articles may be applied together or alternatively, depending on the severity of the offense.
Public Order, Freedom of Expression, and Stadium Culture
Chanting and shouting slogans in the stands is a reflection of freedom of expression. However, this freedom is not unlimited. While Article 26 of the Constitution guarantees freedom of expression, the protection of public order, general morality, and the rights of others .
In this context:
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Peaceful demonstrations are protected under freedom of expression.
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Insult, threat, incitement to violence, or racist remarks exceed the boundaries of freedom of expression and warrant criminal penalties.
Indeed, its decision numbered 2014/3986, the Constitutional Court stated that "freedom of expression cannot legitimize violence," emphasizing that punishing violent expressions is proportionate.
Distinction Between Administrative and Criminal Sanctions
Acts of violence in the stands are often subject to both administrative and criminal sanctions.
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Administrative Sanctions:
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The decision to ban them from attending matches,
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Fines for clubs,
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Matches will be played without spectators.
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Criminal Sanctions:
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Imprisonment or a fine for the fan,
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Possession of explosive materials (Turkish Penal Code Article 174),
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Chants inciting violence (Article 16 of Law No. 6222).
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Although the issue of "prohibition of double punishment" was raised here, the Constitutional Court accepted that disciplinary/administrative penalties differ from criminal law sanctions and therefore the non bis in idem principle was not violated
Identifying the Perpetrator and Difficulties in Implementation
The biggest challenge in cases of stadium violence is identifying the perpetrator. Law No. 6222 aims to achieve this:
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e-ticket system,
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Camera recordings,
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Turnstile entry controls have been made mandatory.
This allows for identity verification and enables acts of violence to be attributed to specific individuals. However, proving the individual responsibility of a perpetrator in mass actions within a crowd remains difficult. This situation leads to acquittal in many cases.
Stadium Violence in Supreme Court Decisions
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The 8th Criminal Chamber of the Supreme Court of Appeals, Case No. 2018/2746 E., Decision No. 2019/3517 K., ruled that the person who brought a flare into the stadium should be held liable under Article 15 of Law No. 6222.
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The 16th Criminal Chamber of the Supreme Court of Appeals, in its decision numbered 2017/3456 E. and 2019/2847 K., ruled that the organized instigation of a fight by a fan group "can be considered within the scope of a criminal organization."
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Constitutional Court, Case No. 2015/28: It was stated that administrative measures taken against stadium violence do not violate freedom of expression and are necessary for public safety.
Proposed Solutions
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Legal Clarity: To resolve the conflicts of norms between Law No. 6222 and the Turkish Penal Code, guiding regulations should be established for implementation.
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Preventive Measure: Fan education programs and club accountability should be increased.
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Technology Use: Facial recognition systems and biometric authentication methods should be implemented.
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Speedy Trials: Specialized courts should be established for crimes in the field of sports, so that cases do not drag on for years.
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International Harmonization: UEFA and FIFA disciplinary regulations should be harmonized with national law.
Conclusion
Stadium violence is one of the most significant problems that undermines the nature of sport and the enjoyment of spectators. However, legally, these acts are not only disciplinary violations but also crimes against public order. While Law No. 6222 has a lex specialis character in the context of sports, provisions such as Article 174 of the Turkish Penal Code also punish actions that threaten general safety.
Regulations in this area aim to strike a delicate balance between freedom of expression for fans and public order. While peaceful chanting is protected, violent and threatening behavior is punishable.
In conclusion, combating stadium violence is not merely a matter of criminal law; it is also a multifaceted process that requires support through cultural, social, and administrative measures.
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