BOLA – The court acquits Benfica and cancels the penalty for the game behind closed doors (Benfica)

Benfica have been acquitted of ten offenses associated to supporting organized assist teams.

The Lisbon Criminal Court upheld the Reds ’request and issued fines and uncontrolled house video games.

Benfica have been fined by the Authority for the Prevention and Combat of Violence in Sport (APCVD) with a nice of 60 thousand euros and fines for supporting unregistered assist teams.

In a 60-web page report, the court concluded that “the conduct taken by the plaintiffs [Benfica] don’t have interaction in prohibited assist actions ’.

“It can’t be concluded, subsequently, that, by permitting the introduction of banners and beatings on the aforementioned vacationer websites, the Prosecutor is selling truthful discrimination in opposition to them of their dealings with supporters. different, giving them the alternative to make actions and feedback that. should not supplied to different followers and spectators in any respect, as a result of the facilitation of entry is necessary by regulation ”.

Here are just a few passages:

“Therefore, it may be concluded that the legislature meant to strengthen the safety of sporting occasions by creating particular zones for the entry and period of sponsors, and solely in these areas can the choreographic devices said in confirmed information and that’s. additionally mentioned that GOA at excessive -end exhibits will be unable to observe the game in the identical areas. Therefore, something said in the confirmed information is contra legem and nothing said in the confirmed information is combined with the assist said in artwork. 0 14 0/2 of Law No. 39/2009 of 07/30. “

It also needs to be famous that the authorized interpretation protected right here relies on the unity of the authorized system normally, as it’s inconceivable to not be beneath the provisions of artwork. 0 9 0 of the Civil Code and artwork. 3 in the RGCO, provided that the new regime is especially favorable.

Now, in actual fact, the goal and advantages protected by the Act should not in query-the safety can not merely be in the case of the absence of a authentic structure by professional-authorities teams. belt, which signifies the offense, beneath penalty. violates the rules of equality and freedom of expression, outlined by the structure-artwork. 13 and 37-1 of the CRP, by permitting for equal illustration of competent residents, however not grouped.

We are subsequently assured that conduct in the type said in the information primarily based on the determination can’t be included in the authorized provisions during which they have been included in the conviction. the current case, as a result of they don’t meet the particular necessities of the commonplace, and the violation of advantages can also be not protected therein.

Therefore, it’s unavoidable to conclude that the conduct taken by the Prosecutor doesn’t represent prohibited assist, in accordance with the provisions and for the functions of Law No. 39/2009, of 30 July.

This Court additionally understands that, in the absence of any of the alleged offenses dedicated, whether or not the intent or substance of the kind of administrative offense, the Prosecutor should be acquitted. .

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