BURDEN OF PROOF (Art. 3)
Previously we have already mentioned the burden of proof that its "charge" must fulfill in order to prove the actual commission the violation of the Anti-Doping Code. In other words, it is necessary to ascertain what levels of scientific certainty that the outcome of checks must be documented.
At this point, the code uses an expression emblematic: "This standard of proof in all cases is Greater Than a mere balance of probability But Less Than proof beyond a reasonable doubt" that translated into Italian (document implementation of the CONI) means that "The standard of proof required is still higher than the simple assessment of probability but less than the exclusion of every reasonable doubt. " In legal terms it is interesting to note that is not required at the absolute certainty, but a high degree of scientific probability, an element that is very different from the burden of proof in criminal trials, both Anglo-Saxon countries (USA, United Kingdom, the countries common law) that certain of inspiration and the Roman tradition (Eg Italy) which allow a decision of a conviction only if the guilt emerge "beyond a reasonable doubt" (Art. 533 Italian Criminal Procedure Code). In addition, it is stated that the anti-doping agencies can establish the infringement by any reliable means (eg WADA accredited laboratories), including the express admission of guilt by the athlete. Once proof in the manner indicated above, it is the same athlete (with the obvious exception of cases of confession) demonstrate that the positive outcome of the analysis depended on both procedural violations committed by the control, or that ' taking the prohibited substance is not depended on his will (Eg, coercion by third parties, or total lack of awareness). With regard to the hypothetical procedural violations, the code adds that the finding may impact only in cases where the experiment of the correct procedure would lead to a negative result. Therefore does not accept any relevance to the cases of violations purely formal.
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