Skip to the main content

Review article

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 id orcid.org/0000-0001-5036-4222
Maja Buhovac orcid id orcid.org/0000-0003-1979-3023 ; Pravni fakultet Sveučilišta u Mostaru, Mostar, Bosna i Hercegovina
Nenad Miletić


Full text: croatian pdf 625 Kb

page 185-209

downloads: 1.316

cite


Abstract

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.

Keywords

self-doping; anti-doping rule violation; fight against doping; investigation; sport tort

Hrčak ID:

252087

URI

https://hrcak.srce.hr/252087

Publication date:

9.2.2021.

Article data in other languages: croatian

Visits: 2.456 *