Maximilian Strohmayer Die Strafbarkeit des Dopings in historischer und dogmatischer Perspektive

About this book

The term doping is omnipresent in today’s media landscape, at the latest since various incidents in professional cycling at the end of the 1990s. In recent years and decades, numerous cases of doping have become public. The background of the known case is of different nature: Some athletes are convicted shortly after taking it, others only after years and others again make a confession after the end of their active career.

In the course of the last decades the attitude of the legislator towards sanctioning doping in sport has changed. With the introduction of the Anti-Doping Act (AntiDopG) on 18 December 2015, an era of almost two decades of legislative changes and intensive discussions regarding the criminalisation of doping was brought to a close. In the decades before, it had become apparent that the mechanisms of organized sport were not sufficient to effectively combat doping in sports.

In this treatise, the focus is on the criminal liability of doping in Germany from both a historical and a dogmatic perspective. First, the historical development of the fight against doping is outlined. One focus is on the period from the Council of Europe’s first definition of doping in 1963 to the recent past. The author also presents various attempts to define doping. Subsequently, the development of the criminal liability of doping in secondary criminal law is presented. The author begins with the reform of the AMG in 1998 and presents the subsequent changes in the law up to the introduction of the AntiDopG. The penal provisions of the AntiDopG are presented in detail. In addition, the criminal liability of doping under the German Criminal Code (StGB) is also examined, with the author examining offences of bodily injury and homicide as well as offences against property and competition. The treatise ends with a concise conclusion and an attempt to look into the future.