Assaults on Referees and Athletes (Art. 147-148 and 550 CP)

Criminal framework for assaults in the sporting context

Assaults committed in a sporting context (on the field of play, in the stands, in the changing rooms or at the venue entrances) do not constitute a standalone offence in the Spanish Penal Code. Instead, they are channelled into the general offences of bodily harm and, in specific cases, into the offences of assault on authority or public disorder. Correct classification is decisive, because the difference between a fine and a prison sentence of several years depends on the injury caused, the means used and any status of the victim as a public official. At the Alonso Sala firm, at Velázquez 27 (Madrid), we handle these matters both from the defence of the accused and from the position of private prosecution on behalf of the athlete, referee or entity assaulted.

Bodily harm: Articles 147 and 148 CP

Article 147.1 CP punishes with imprisonment of three months to three years or a fine of six to twelve months anyone who causes another an injury that impairs their bodily integrity or physical or mental health, provided that the injury objectively requires, in addition to a first medical attention, medical or surgical treatment. Where the injury does not require such treatment (only first attention), Article 147.2 CP provides for a fine of one to three months. Merely striking or mistreating someone without causing injury is sanctioned under Article 147.3 CP with a fine of one to two months. This last type is the usual one for shoves or scuffles with a referee that do not result in a medically relevant injury.

Article 148 CP sets out an aggravated type, with a penalty of imprisonment of two to five years, having regard to the result caused or the risk produced, where circumstances such as the following are present: the use of weapons, instruments, objects, means, methods or forms specifically dangerous to the life or health of the victim (for example, striking with a blunt object or throwing a projectile at the face); the presence of cruelty or treachery; the victim being under fourteen years of age or a person with a disability in need of special protection; or cases of gender-based and domestic violence. The application of Article 148 CP is not automatic: it requires a concrete assessment of dangerousness which is often debatable and defensible.

The assault offence of Article 550 CP and the referee's public function

Article 550 CP punishes anyone who assaults, or who with serious intimidation or violence offers serious resistance to, an authority, its agents or public officials while they are in the exercise of their functions or by reason of them. The penalty is imprisonment of six months to three years in the case of agents and officials, and imprisonment of one to four years and a fine of three to six months where the assault is directed against an authority. This type applies to an assault on a referee only if, in the specific event, the referee holds the status of a public official (for example, in competitions or trials involving a public administration or delegated public functions). In ordinary private sport, the federation referee does not usually meet that condition, so the assault is channelled into the offences of bodily harm rather than assault on authority. Determining this nature is one of the most relevant legal points of the case and requires a rigorous analysis of the regulatory framework of the competition.

Stadium violence and public disorder (557 CP)

Where the assault occurs within a collective action inside a sports venue (pitch invasions, fights between groups of fans, mass throwing of objects), the offence of public disorder under Article 557 CP comes into play, punished with imprisonment of six months to three years for those who, acting in a group and with the aim of breaching public peace, carry out acts of violence against persons or property. This offence may run concurrently with the bodily harm actually caused to a specific person, generating a concurrence of offences that must be raised correctly to avoid an improper double assessment of the same facts. The distinction between the individual conduct of the person who caused the injury and the group dynamic is essential for an effective defence.

Defence strategy

The defence against these charges starts from a careful examination of the injury report, the forensic medical reports, the venue footage and the police report. We work on the causation of the injury, the real need for medical treatment (key to distinguishing 147.1 from 147.2), the presence or absence of the circumstances of Article 148 CP, the true nature of the referee as a public official, and self-defence or situations of prior provocation. Where appropriate, we assess reparation of the damage and a guilty plea as routes to reducing the penalty.