The problem of spectators causing harm to athletes or at least exhibiting reprehensible behavior is not a new element in sport. During the Tour of Flanders, beer is thrown at Mathieu Van Der Poel, and in the Tour of France, Tadej Pogacar and Jonas Vingegaard are given chips. But can such supporters in cycling also be punished for their misconduct?
Now that the Tour of France has ended and the necessary preparations are being made for the Olympic time and road trial, we look back on the interview by Mathieu Baert at Radio 1. Mathieu Baert hereby explains the consequences of such misconduct by spectators in cycling to.
Mathieu Baert clarifies in the interview that the misconduct of cycling spectators can be prosecuted on the grounds of assault and battery. Before assault and battery can occur, the following conditions must be met:
- The contact of the object with the body must have the potential to cause a bruise or injury;
- The object must actually touch the body.
These conditions will not always apply to the specific situation of spectator misconduct towards the athletes.
However, there is also a second qualification on the basis of which the misconduct of spectators can be prosecuted, namely on the basis of Article 563, 3rd paragraph of the Criminal Code. “mild acts of violence”. The conditions stated above do not apply to this qualification. Misconduct by spectators will therefore relatively quickly lead to minor acts of violence.
Finally, identification of the perpetrator is crucial for prosecution.
The prosecution can take place after the Public Prosecution Service conducts a criminal investigation. The cyclist himself or the organizer of the event can also file a complaint with civil proceedings. This allows an investigation to be initiated directly by an investigating judge.
Master Baert concludes with the suggestion of a law parallel to the Football law to prepare for cycling. Such a law could effectively punish the misconduct of spectators and supporters.
Listen to the interview again here link.
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