CROATIA Law and Practice Contributed by: Lovro Badžim, Badžim Law Practice
In this way, the Croatian anti-doping framework oper - ates as an integrated part of the global anti-doping system, while remaining anchored in domestic law. Sanctions and Disciplinary Measures in Sports Leagues National sports federations and individual sports leagues in Croatia are both empowered and obliged to prescribe and enforce disciplinary measures for doping violations. These measures must comply with international federation rules as well as Croatian leg - islation. Sanctions typically include suspension or bans from competition, disqualification of results, forfeiture of medals and awards, and removal from the register of categorised athletes. In addition to individual sanc - tions, legal entities operating in sport – such as clubs or associations – may be subject to financial penalties if they fail to comply with anti-doping obligations. Taken together, this multi-layered system reflects a deliberate allocation of responsibility: disciplinary law governs the athlete, criminal law targets the supply chain, and public authorities ensure compliance with international anti-doping standards. Recent Anti-Doping Cases The case concerned an elite athlete who was subject to multiple doping controls over a prolonged period, the majority of which returned negative results. In late 2023, two urine samples collected in close tempo - ral proximity revealed the presence of trimetazidine (TMZ), a non-specified prohibited substance under the WADA Prohibited List, detected at very low con - centrations. The athlete did not dispute the analytical validity of the tests but denied intentional use of the substance. The explanation advanced was that the detected sub - stance entered the athlete’s system through uninten - tional transfer, rather than ingestion. This explanation was supported by a combination of circumstantial evi - dence, expert opinions, and longitudinal testing data. Following the initial adverse analytical finding, the national anti-doping organisation conducted an extended review, including further urine testing, blood
analysis, and hair testing. These additional examina - tions failed to demonstrate repeated use, accumula - tion patterns, or concentration levels consistent with therapeutic or performance-enhancing dosing. Inde - pendent expert reports indicated that the detected concentrations were compatible with single or indirect exposure rather than systematic use. A key aspect of the case was the scientific assess - ment of alternative exposure routes. Expert evidence considered whether intimate contact with another person using prescribed medication containing TMZ could plausibly explain the findings. While the experts acknowledged scientific uncertainty, they agreed that such transfer could not be excluded, particularly given the exceptionally low concentrations detected and the absence of corroborating indicators of use. Importantly, the athlete had an extensive history of negative tests both before and after the relevant peri - od, and no evidence was produced suggesting intent, performance enhancement, or concealment. The dis - ciplinary authority ultimately concluded that the evi - dentiary threshold required to establish an anti-doping rule violation was not met and closed the proceedings without imposing a sanction. The decision was subsequently challenged before the Court of Arbitration for Sport. CAS upheld the out - come, emphasising that while the principle of strict liability applies, anti-doping organisations still bear the burden of proving, to the comfortable satisfac - tion of the panel, that a prohibited substance entered the athlete’s body in a manner constituting an anti- doping rule violation. In cases involving trace-level detections, scientific ambiguity and the absence of corroborative evidence may prevent that burden from being discharged. The case is significant for its treatment of low-concen - tration findings, the role of expert evidence in result management, and the limits of strict liability where alternative explanations remain scientifically plausible.
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