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EN
Football hooliganism is a global, well known phenomenon. Th is article orders most of publicated research upon given matter confronting it with author’s conclusions. The text contains the historical part which clarifies what football hooliganism used to be and how it evolved in the present times. The author emphasises the complexity of social as well as psychological motives of football hooliganism, spectators violence or sports related violence. The conclusion of this paper states that this phenomenon still evolves creating new research areas for criminology, sociology and psychology.
PL
Przestępczość stadionowa/chuligaństwo stadionowe jest zjawiskiem globalnym, nie nowym i dobrze znanym. Artykuł stanowi publikację przeglądową, która porządkuje dotychczasowe wyniki badań w tej materii, konfrontując je z wnioskami autora. Tekst podkreśla historię omawianego zjawiska oraz jego ewolucję w czasach najnowszych. Akcent położony został także na złożoność społeczno-psychologicznego wymiaru chuligaństwa stadionowego. Konkluzją artykułu jest ciągła zmienność zjawiska otwierająca nowe płaszczyzny badań dla kryminologii, socjologii oraz psychologii.
EN
The development of international measures of football hooliganism control has been proceeding along several paths and included a number of different aspects of broadly understood control over the phenomenon. One can define 4 periods differing in the football hooliganism control paradigms applied: the first period - stretching from 1960s to 1985, second - between 1985 and 1997, third - 1997 to 2000 and fourth - from 2000 up to the present day. Consider-ing the issue of situational prevention of football hooliganism, control measures could be divided into two groups, or levels. The first level was mostly concerned with 'hard' means, i.e. such based on activities that rendered breaking the law or upsetting the public order more challenging. This was done with simple techniques of isolating opposing groups of supporters from each other by police cordons, fencing out sections of stadiums, putting up barriers, or 'cages' for visiting fans. Other popular 'hard' means aimed at increasing the perpetrator's risk of being subject to negative consequences, which mostly meant intensified police presence at a stadium. The progression to level 2 control was triggered by results brought by research on crowd management techniques conducted after the 2000 European Championship. The new trend involved gradual balancing out the 'hard' and 'soft' means, the latter having the purpose of limiting provocation and excuses (promoting the atmosphere of a joyful festival at football events, avoiding 'arming' and confrontation by security personnel, employment of surveillance and emergency services, etc.). A comparison of the ways in which football hooliganism situational prevention developed with the integrated model of situational crime prevention brings an interesting insight into the effectiveness of the new situational trend, which is a method broadly employed in Western Europe to counter football hooliganism. According to R. Wortley, while the notion of opportunity reduction assumes that there already is an offender who is motivated or at least ambivalent and ready to commit a crime, the fact is that motivation to commit a crime may occur as a result of particular situational factors. Wortley defined 4 types of factors motivating a perpetrator to commit a crime, or the so-called precipitators: prompts, pressures, permissibility, and provocations. The integrated concept of situational prevention discussed in the article is a merger of the traditional methods of limiting crime opportunities, or the so-called 'hard' means, with a complementary set of techniques minimizing other situational factors proposed by R. Wortley, i.e. 'soft' means. D.B. Cornish and R.V. Clarke proposed a combination of the two approaches, which resulted in vastly broadened array of situational crime prevention techniques.
EN
The current form of the phenomenon termed stadium hooliganism differs substantially to the form characteristic of 1960-1970s, and even 1980s. This is, on one hand, a result of change in deviant behaviour of spectators, on the other hand a result of material change in what behaviours are labelled, and thus controlled, by the state. While initially hooliganism consisted in acts of violence and vandalism on stadiums and in their immediate vicinity, deviant behaviours of spectators fundamentally changed with time. Re-design of stadiums, introduction of exclusively numbered seats and tickets, spectator video surveillance, ticket sale control systems, and many other technical measures to eliminate the sense of anonymity in the football fans – along with extension of the catalogue of football-related behaviours which are criminalised – resulted in relative safety of European, and to less extent Polish, stadiums. This resulted in transfer of deviant behaviour of spectators outside stadiums. At present, two types of behaviours are commonly considered in relation to stadium hooliganism. First, all deviant behaviours of (some) spectators manifested on the stadium or in its immediate vicinity in strict temporal and spatial relation to a match. Second, all other deviant behaviours of (some) spectators manifested outside stadiums and in less and less strict temporal, emotional and spatial relation to a sport event. Until 1985 penal policy towards stadium hooliganism – on the tier of national regulations, international cooperation, legal acts by European organs and UEFA – was surprisingly uniform in perception of the phenomenon as a social problem which does not require any particular methods or measure of control and which does not require any particular legislation. 1985 was a turning point as far as legal position of the phenomenon is concerned. Accepting in Strasbourg on 19 August 1985 the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches by Council of Europe initiated an entirely new approach to the policy of prevention of the phenomenon. Since 1985, legal acts concerning stadium hooliganism have been passed both on national and international level. Stadium hooliganism was termed a serious social problem in the area of public order solution of which requires introduction and implementation of particular legal regulations and particular methods of supervision and control. Including stadium hooliganism into the category of social phenomena which carry a risk for functioning of the society as a whole, such as terrorism, delinquency of immigrants, juvenile delinquency or drug addiction is an effect of wider transformations in European penal policy which have been present since the end of 1970s. This is related to emergence of strong tendencies towards politicisation of internal security issues at the time.
EN
The publication discusses the nature, premises, and methods of sentencing a penal measure consisting in prohibition of entry to mass events. The first part shows legal solutions accepted in the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches accepted on 19 August 1985 by Council of Europe. It is recognised at one of the most important international documents providing for the fight with stadium hooliganism. Although the Convention’s aim is to prevent and control incidents by football spectators, provisions of the Convention apply also to other disciplines which might posit the risk of acts of violence and incidents by spectators (article 1 paragraph 12 of the Convention). Subsequently, there follows an analysis of legal solutions accepted in the current Act of 20 march 2009 on Mass Events Safety and the former Act of 22 January 1997 on Mass Events Safety. In particular, the focus was placed on the evolution of the prohibition of entry to a mass event and the definition of a legal mass event which at present is no longer based on the number of participants predicted by the organiser but on the number of places made available by the organiser. It is a result of common malpractice practice of organisers who used to omit the requirements by declaring less people than were actually expected. 2. Second part of the publication presents statistical data concerning contraventions related to mass sport events between 1999 and 2009 in Poland. The data show that there is a decreasing tendency in mass contraventions and hooligan incidents. At the same time, the data bring the conclusion that most hooligan incidents were committed during mass events. This may prove that objects where such events are organised are still ill-equipped but also that the organisers fail to observe their duties, imposed on them by the Act on Mass Events Safety. This part of publication also drafts a profile of the perpetrators of hooligan events. The study shows they are unmarried males between 15 and 25 with primary or secondary education and without a previous criminal record. 3. Part three of the publication is an analysis of normative solutions of the penal measure consisting in prohibition of entry to mass events. It includes provisions of Criminal Code, Petty Offences Code and Act of 20 march 2009 on Mass Events Safety. The analysis brings a conclusion that introduction of mass entry event ban served the purpose of increasing the safety of mass events and excluding persons who posit a risk to said safety. Thus, introduction of such legal solution to Polish law should be undisputable. Doubts can be raised only if particular solutions are examined, for instance the interpretation of “personal appearance” in a police station during a mass event.
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