VIOLATIONS (Art.2)
Returning to the WADA Code , we examine in detail the violations covered by it:
- a major violation is the presence of a prohibited substance, its metabolites or markers (markers) in the sample of an athlete.
In particular, the Code specifies that the offense is considered consumed the prohibition of taking performance-enhancing drugs if the two samples (not clear whether blood or urine sample even though in most cases occurs the second hypotheses) and conventionally referred to as A and B, the trace appears only in the first sample when the athlete has waived the analysis of the second, and where the initial analysis is confirmed by that of sample B. Furthermore, with regard to what in legal language is called the "subjective element" of the infringement (in the simplest terms, the awareness and willingness of the offending conduct), the code does not require proof intentionality or error attributable to the athlete, but the simple condition mentioned above, namely the analytical objective confirmation. This means that the same burden on the athlete to prove that the use of prohibited substances has taken place against his will or without his awareness. Instead, the case of "attempted use", that is a case in which documents are being made prodromal use during a sports competition (consider the case of Ivan Basso, who in 2007, as part of investigations falling within known as Operacion Puerto, expressly admitted the attempt to anti-doping prosecutor for having referred to the autoemotrasfusione ahead of Tour de France) is characterized by the most stringent requirements of evidence by the investigating bodies, which must be drawn from elements of assessment documentation for the individual athlete, especially in medical-scientific and, unlike the case of actual use, must provide proof of intentionality .
- Offence for refusal to submit to sample collection .
- non-compliance with "availability" of the athlete during not devoted to competitive sports (tennis obligation criticized in particular in the field by Rafael Nadal in what was deemed excessively limiting their sphere of personal freedom). It further states, under the last case, which is regarded as a violation of the anti-doping code in the event that the athlete during an observation period of 18 months, does not give information about its location logistics and / or does not submit to testing for a total of three failures.
- Tampering with or attempting to tamper with the control . A violation consists of all cases in which the athlete puts in fraudulent acts aimed at altering the outcome of the analysis, or to hinder identification.
- Possession of substances and / or doping methods prohibited . The offense is committed by the athlete who is found in possession of such substances to except for cases of authorization for therapeutic reasons, both during and outside competition.
- Possession of substances and / or methods of doping by the athlete support personnel . Same considerations as above.
- trafficking or attempted trafficking of doping substances and / or Prohibited Methods. - Administration or attempted administration of prohibited substances to an athlete. punishes both the instrument and the administration of substances or prohibited methods, is the keeping of a pipeline finalistically oriented to induce an athlete taking performance-enhancing drugs.
Returning to the WADA Code , we examine in detail the violations covered by it:
- a major violation is the presence of a prohibited substance, its metabolites or markers (markers) in the sample of an athlete.
In particular, the Code specifies that the offense is considered consumed the prohibition of taking performance-enhancing drugs if the two samples (not clear whether blood or urine sample even though in most cases occurs the second hypotheses) and conventionally referred to as A and B, the trace appears only in the first sample when the athlete has waived the analysis of the second, and where the initial analysis is confirmed by that of sample B. Furthermore, with regard to what in legal language is called the "subjective element" of the infringement (in the simplest terms, the awareness and willingness of the offending conduct), the code does not require proof intentionality or error attributable to the athlete, but the simple condition mentioned above, namely the analytical objective confirmation. This means that the same burden on the athlete to prove that the use of prohibited substances has taken place against his will or without his awareness. Instead, the case of "attempted use", that is a case in which documents are being made prodromal use during a sports competition (consider the case of Ivan Basso, who in 2007, as part of investigations falling within known as Operacion Puerto, expressly admitted the attempt to anti-doping prosecutor for having referred to the autoemotrasfusione ahead of Tour de France) is characterized by the most stringent requirements of evidence by the investigating bodies, which must be drawn from elements of assessment documentation for the individual athlete, especially in medical-scientific and, unlike the case of actual use, must provide proof of intentionality .
- Offence for refusal to submit to sample collection .
- non-compliance with "availability" of the athlete during not devoted to competitive sports (tennis obligation criticized in particular in the field by Rafael Nadal in what was deemed excessively limiting their sphere of personal freedom). It further states, under the last case, which is regarded as a violation of the anti-doping code in the event that the athlete during an observation period of 18 months, does not give information about its location logistics and / or does not submit to testing for a total of three failures.
- Tampering with or attempting to tamper with the control . A violation consists of all cases in which the athlete puts in fraudulent acts aimed at altering the outcome of the analysis, or to hinder identification.
- Possession of substances and / or doping methods prohibited . The offense is committed by the athlete who is found in possession of such substances to except for cases of authorization for therapeutic reasons, both during and outside competition.
- Possession of substances and / or methods of doping by the athlete support personnel . Same considerations as above.
- trafficking or attempted trafficking of doping substances and / or Prohibited Methods. - Administration or attempted administration of prohibited substances to an athlete. punishes both the instrument and the administration of substances or prohibited methods, is the keeping of a pipeline finalistically oriented to induce an athlete taking performance-enhancing drugs.
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