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Circumstantial Evidence in Doping Cases

Urheilu ja oikeus 2024 s. 82–97
1.4.2025
Asiantuntija-artikkeli

The purpose of this article is to provide an overview of the application of circumstantial evidence in doping cases pursuant to Articles 2.2 (“Use or attempted use”) and 3.2 (“Facts related to anti-doping rule violations may be established by any reliable means”) of the 2021 World Anti-Doping Code (“WADC”).

This article comprises the following sections: Section 2 is an introduction to the WADC rules and concepts regarding circumstantial evidence. Section 3 gives an account of the legal basis for investigating anti-doping rule violations (“ADRVs”) and the burden and standard of proof. Section 4, Statistics, gives an overview of the number of ADRVs reported in the WADA Anti-Doping Rule Violations Report (2023). The different means to establish an ADRV are set out in section 5, The Athlete’s admission; section 6, Credible testimony of third persons; section 7, Reliable documentary evidence; and section 8, Reliable analytical data. The Conclusions are summarized in section 9.

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• Dopingrikos - Oikeudenkäynti - Todistustaakka - Urheilu