Administration of an Illegal Substance to a Minor Sports Competitor in the Light of Article 50 § 1 of the Polish Sports Act

Abstract

The new Sports Act took effect on 16 October, 2010. The new regulation of sports repealed a statutory dualism which had hitherto existed, introduced new legal intitutions and adapted Polish solutions to the standards of international law.

Among the new regulations one finds Art. 50 § 1, which penalizes a person who administers a forbidden substance or uses a forbidden method in relation to a minor person who is preparing or participating in a sports event (commonly known as doping). In a synthetic way, the article discusses the features of the offence stipulated in Art. 50 § 1, analysing the following: legal interest protected by the discussed provision, the subject matter of the crime, the perpetrator, and the penal sanction.

The analyses carried out led to the conclusion that the interest which is legally protected by virtue of this provision are the rules of sports rivalry. This does not preclude the possibility of suing the perpetrator for an offence against life and health. It was demonstrated that the perpetrator will be held responsible solely if he willfully directs his action at a minor. Additionally, it was demonstrated that Art. 43 § 2 of the Act covers a situation which cancels the illegality of an act which has the statutory features of a crime stipulated under Art. 50 § 1.