The interaction of criminal and disciplinary law in doping-related cases
- First Online:
- Cite this article as:
- Zaksaite, S. & Radke, H. Int Sports Law J (2014) 14: 115. doi:10.1007/s40318-014-0045-5
In this article doping-related offenses entrenched in Art. 2.6, 2.7, 2.8 of current World Anti-Doping Code are investigated within the terms of standards and methods of proving as well as the comprehensive system of sanctioning. The subtleties as well as innovations of such research are inter alia related to the application of the certain principles of human rights/due process of law/natural justice. The methods of proving said violations and the sanctions entrenched for them are close to the methods and sanctions those of criminal justice. Consequently, it is stated that the more serious allegation is made, the stricter sanction is entrenched, the stricter proving standard is to be applied. From the theoretical point of view it is conveyed that disciplinary sanctions undoubtedly inflict suffering and are both deterrent as well as retributive. CAS jurisprudence stipulates that harsh penalties within the World Anti-Doping Code could be consistent with human rights/due process of law/natural justice as long as there are clauses dealing with the problem of fault/intent and allowing for the elimination or reduction of the ineligibility periods. Such clauses pave the way for judicial discretion and, therefore, it is still an open question whether the anti-doping policy will turn itself into punitive one or, vice versa, to the policy which carefully takes into consideration each separate case with its own peculiarities.