Resolución de procesos penales en torno a los delitos contra la salud pública. El delito de dopaje deportivo en España

Resumen

Various international instruments against doping are relevant but a more rigorous and effective intervention is becoming increasingly necessary, because there are different private law rules within a World Anti-Doping Code (Anglo-Saxon style) that not all countries can recognize or adapt in their national law to give it the desired binding character sought by the World Anti-Doping Agency. The link between sport and human rights has become so strong that it has become increasingly necessary for sports organisations and federations to respect the universal legal instruments that protect everyone as a human being, and It is of utmost importance to respect the right of defence of the athlete accused of an anti-doping rule violation specially in Court of Arbitration for Sport. In relation to the procedures and resolution of disputes when anti-doping rules are infringed, the national courts in Spain found different solutions, but since the recent national law 11/2021 the competences are delimited and it is only possible to resort to the CAS (Switzerland) in some cases. In addition, Spain has a doping crime in the Penal Code, to prosecute the trafficking of doping substances and methods on an international scale, which is included among the crimes against public health. However, effective criminal sanctions are scarce, so it is proposed to punish doping as an economic crime in the context of unfair competition in the economic market of sport.