Doping in sport is of significant social, economic and politico-legal importance. However, as demonstrated by the different approaches adopted by Spain and Germany, it is a subject that remains complicated and highly controversial.

Re­search sub­ject:

The prin­cip­al goal of the study is to as­sess wheth­er dop­ing should be crim­in­al­ized in Ger­many. To as­sist this as­sess­ment, the pro­sec­u­tion of dop­ing from a crim­in­al law and crim­in­o­lo­gic­al per­spect­ive will be ana­lyzed. The ex­per­i­ences of Spain – where dop­ing was crim­in­al­ized in 2006 – are of par­tic­u­lar com­par­at­ive in­terest to the study and will en­able a thor­ough com­par­is­on to be con­duc­ted between the form­al con­trol of dop­ing (Spain) and self-reg­u­la­tion (Ger­many).

Re­search concept:

The crim­in­al law com­pon­ent of the study will provide a gen­er­al over­view of the de­vel­op­ment of the law and its ap­plic­a­tion in this field. Vari­ous leg­al in­terests and their ap­plic­ab­il­ity will be ex­amined; the concept of self-harm will also be dis­cussed.

The crim­in­o­logy com­pon­ent will fo­cus on an em­pir­ic­al ana­lys­is of the vari­ous trends and is­sues that res­ul­ted in the crim­in­al­iz­a­tion of dop­ing in Spain and seek to de­term­ine why this has thus far not oc­curred in Ger­many. The ad­vant­ages and dis­ad­vant­ages of form­al con­trol and self-reg­u­la­tion will be crit­ic­ally dis­cussed. The pur­pose and be­ne­fit of crim­in­al­iz­a­tion will be scru­tin­ized with the as­sist­ance of ac­tu­al cases and court stat­ist­ics from Spain.

In the fi­nal part of the study the les­sons that Ger­many can learn from the ex­per­i­ence of Spain will be raised in or­der to de­term­ine wheth­er Ger­many should also crim­in­al­ize dop­ing. What this would in­volve and what a mod­el dop­ing crim­in­al­iz­a­tion law might look like will also be con­sidered.

Re­search plan:

Dop­ing has re­ceived little aca­dem­ic in­terest in the past. Des­pite sug­ges­tions from NADA, a com­par­at­ive leg­al ana­lys­is of the sub­ject has thus far re­mained ab­sent; the present study is there­fore an at­tempt to map un­charted aca­dem­ic ter­rit­ory.

The time frame for the study is two years. Be­cause most of the rel­ev­ant Ger­man in­form­a­tion is the­or­et­ic­al and most of the Span­ish in­form­a­tion em­pir­ic­al, the bulk of the study will oc­cur at the Uni­versity of Valen­cia where the ne­ces­sary re­sources such as Span­ish leg­al texts, case law data­bases and ac­cess to aca­dem­ics and ex­perts are most read­ily avail­able.