ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
LAWP – Studio legale e tributario Corso Monforte 16 Milan Italy
Tel: +39 02 86 99 55 64 Email: marullo@lawp.it Web: www.lawp.it
1. Regulatory 1.1 Anti-Doping
nal conduct can also be subject to disciplinary sanctions. Prohibited Substances and Medical Practices Prohibited substances and medical practices are periodically updated by a Decree issued by the Ministry of Health. Prohibited substances are divided into three macro-categories: • prohibited substances and methods both in and out of competition (eg, nandrolone, erythropoietins); • prohibited substances and methods only in competition (eg, cocaine, ephedrine, tetrahy - drocannabinol); and • prohibited substances and methods only in certain sports. The National Anti-Doping Organisation (NADO Italia) NADO Italia is acknowledged by the World Anti- Doping Agency as the competent entity on anti- doping in Italian sports, and some of its main duties are: • issuing the Sports Anti-Doping Regulations; • planning and managing anti-doping tests and the relative results; • investigating potential anti-doping violations (through the National Anti-Doping Prosecu -
Doping is a crime under Article 586-bis of the Italian Criminal Code, punishable with imprison - ment of up to three years and a fine of up to EUR51,645. This applies to anyone who: • procures, administers, takes or promotes the use of forbidden drugs or biologically or phar - macologically active substances; or • adopts forbidden medical practices. These sanctions are imposed if the above-men - tioned acts are likely to enhance an athlete’s per - formance without medical justification, and are specifically aimed at altering athletes’ competi - tive performances and/or changing the results of doping tests. To commit the offence, it is only necessary to prove the ability of the substance or practice to unlawfully enhance the athlete’s performance. Trading in doping substances is punishable with imprisonment of up to six years and a fine of up to EUR77,468. Sanctions may be increased under specific circumstances (eg, if the conduct causes harm to health or is perpetrated by an agent or employee of a sports entity), and doc - tors and sports persons involved in the crimi -
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