Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.139.185
Investigation and verification of criminal aspects of doping as a crime in sport law
Damir Primorac
orcid.org/0000-0001-5036-4222
Maja Buhovac
orcid.org/0000-0003-1979-3023
; Pravni fakultet Sveučilišta u Mostaru, Mostar, Bosna i Hercegovina
Nenad Miletić
Sažetak
There are different theoretical views and opinions on doping as a punitive act. Some believe that doping should be punished by criminal sanctions, others that a misdemeanor law is sufficient, the and third is a disciplinary sanction, to achieve the purpose of punishment. In our legal system, the fight against doping has evolved so that today we have self-doping as a disciplinary offense punishable under the rules of the World Anti-Doping Code. On the other hand, the legislator prescribes the unauthorized production and marketing of substances banned in sport as a separate offense of delicta communia, punishable, inter alia, by one who, permits and makes prohibited substances available to the athlete or who induces another to consume those substances, which may be himself athlete. However, the fight against doping involves not only substantive legal standardization but, moreover, questions of how to prove, detect and prosecute possible perpetrators. Therefore, the authors of this paper present procedural provisions governing the fight against doping, which points to the differences that exist with respect to the perpetrators of this criminal / disciplinary offense. Doping is a danger in the modern world, consisting in the fraudulent treatment of perpetrators by taking illicit substances in order to achieve superior results. In addition to being incompatible with the ethical principles of sport, and doping can impair the health of athletes, doping is a tort that needs to be sanctioned. In doing so, to pursue a punitive purpose and not adversely affect the reputation of sport is a challenge that has been put before both the legislature and the sport system in general. Therefore, the fight against doping must include the systematic coordination of substantive and procedural provisions in order to safeguard the integrity of pure sport.
Ključne riječi
self-doping; anti-doping rule violation; fight against doping; investigation; sport tort
Hrčak ID:
252087
URI
Datum izdavanja:
9.2.2021.
Posjeta: 1.790 *