Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The challenges of facing doping from disciplinary violation to its legalization (focusing on the legal system of Iran and England)

Document Type : Original Article

Authors
1 Law, Law and Political Science Complex, Ayatollah Amoli, Islamic Azad University, Amol branch, Amol, Iran
2 Assistant Professor, Department of Law, Shahed University, Tehran, Iran.
3 Law (graduate studies), Faculty of Law-Political Sciences, Islamic Azad University, South Tehran Branch, Tehran, Iran
10.22034/jccj.2024.466671.1595
Abstract
The continuation of doping violations and frequent scandals of professional athletes have caused researchers and theorists to adopt three different approaches regarding the repressive punitive policies of the sports system. Respecting the independence and self-regulation of sports, a group considers doping to be a sports violation and making decisions about it is the exclusive competence of the sports system. Another group has demanded the criminalization of doping in the legal systems of the world. The third group, which considers the basis of anti-doping control measures to be based on mostly unsubstantiated assumptions, proposes the legalization of doping along with special health and medical measures. In the present study, using the descriptive-critical method and the method of library collectionan attempt has been made to explain both the theoretical and intellectual bases of the supporters and opponents of each of the above three approaches and the selected approach of the Iranian and British legal systems regarding doping. The findings of the research show that although there are fundamental differences between the legal systems of Iran and England, they follow the same criteria regarding doping policies and consider doping as a disciplinary offense that only the sports system has the authority to make decisions in It has its case. Although third-party doping in these countries is not explicitly criminalized; But it falls under the violation of public health law and can be prosecuted
Keywords

Volume 6, Issue 1
Winter 2026

  • Receive Date 07 July 2024
  • Revise Date 10 October 2024
  • Accept Date 20 November 2024
  • Publish Date 21 March 2026