The Federal court has confirmed the conviction of a Amateur footballer, due to negligence of simple assault. The party had broken an opposing player with a dangerous Tackle to the ankle.
The Convict was taken during a game on the sports court Guintzet in Freiburg, Germany between FC Richemont and FC Schaffhausen in may 2016 with a stretched leg to the ankle of an opponent. According to a on Friday published judgment of the Federal court. The dangerous game was punished by the referee with a yellow card.
The injured filed a complaint against the counterparty. The Supreme court of Freiburg confirmed last November, the conditional sentence of 40 hours of community service.
The complaint of the Convicted person was dismissed by the Federal court. It holds that, in principle, be assumed that a footballer accepted the sports inherent risk implied. The rules of the game but limits. They serve according to the Lausanne judges to avoid accidents and to protect the players. A player receiving a yellow card that was to be expected of a weighty breach of the rules of the game, which has been committed without regard to the danger to, or consequences for, the opponent.
Accept the usual risk of injury does not mean that a player is consenting to in such a dangerous game. Qualification as a negligent assault violate no Federal right, the Federal Supreme court. Not decisive for the legal assessment of the hazard is, whether a Tackle was punished with a yellow or red card, writes the court. (aru/sda)
Created: 22.03.2019, 15:48 PM