doping

The doping law

The law b. 376 of December 14, 2000 contains penal sanctions related to consumption and marketing of doping substances.

The conduct incriminated are those provided for by art. 9: in paragraph 1 the sentence of imprisonment from 3 months to 3 years is established for those who procure, administer, assume or favor the use of doping substances in order to alter the athletes' performance or to modify the results of the checks (element constitutive of the conduct). The recipient of the punishment is, therefore, both the one who allows the illicit practice, and the same user.

Those who do not practice competitive sports cannot be considered punishable, thus participating in competitive events organized under the aegis of the bodies recognized by CONI.

To incur in the criminal offense, a temporal connection between the hiring and the performance is not necessary: ​​the activity put in place during the preparation of the competitive commitment (eg "slow release" anabolic substances, that is slow) is also illegal. release of the substance). Here are the most important points of this law:

"Regulation of health protection of sports activities and the fight against doping"

(Approved definitively by the Senate on 16 November 2000)

Art. 1

(Health protection of sports activities. Doping ban)

Doping is the administration or intake of drugs or biologically or pharmacologically active substances and the adoption or submission to medical practices that are not justified by pathological conditions and suitable to modify the psychophysical or biological conditions of the organism in order to alter the performance athletes competitions.

In the presence of pathological conditions of the athlete documented and certified by the doctor, the athlete himself can be prescribed specific treatment provided that it is carried out according to the procedures indicated in the specific European or national registration decree and the dosages envisaged by the specific therapeutic requirements. In this case, the athlete is obliged to keep the relevant documentation at the disposal of the competent authorities and may participate in sports competitions, in compliance with sports regulations, provided that this does not endanger his psychophysical integrity.

Art. 9

(Criminal provisions)

Unless the fact constitutes a more serious offense, it is punished with imprisonment from three months to three years and with a fine from 5 million to 100 million lire, anyone who procures to others, administers, assumes or favors the use of drugs or biologically or pharmacologically active substances, included in the classes provided for in article 2, paragraph 1, which are not justified by pathological conditions and are suitable to modify the psychophysical or biological conditions of the organism, in order to alter the athletic performance of the athletes, or are intended to modify the results of controls on the use of such drugs or substances.

The penalty referred to in paragraphs i and 2 is increased:

if the event causes damage to health;

if the fact is committed against a minor;

if the fact is committed by a member or an employee of CONI or a national sports federation, a company, an association or an institution recognized by CONI.

If the offense is committed by a healthcare professional, the sentence is temporarily withdrawn from the exercise of the profession.

In the case provided for by paragraph 3, letter c), the sentence is permanently disqualified from the CONI management offices, from the national sports federations, companies, associations and promotion bodies recognized by CONI.

With the sentence of conviction, the confiscation of drugs, pharmaceutical substances and other things served or destined to commit the crime is always ordered.

Anyone who trades drugs and pharmacologically or biologically active substances included in the classes referred to in Article 2, paragraph 1, through channels other than pharmacies open to the public, hospital pharmacies, dispensaries open to the public and other facilities that hold drugs directly, intended for use on the patient, is punished with imprisonment from two to six years and a fine from 10 million to 150 million lire.