| Under the Spanish Criminal Law, the issue of applying criminal sanctions to the sports sphere, in particular to the doping area, has been accompanied with the introduction of specific crimes if committed by the athlete, such as the consumption of prohibited substances, as it appears from the Comparative Law. The Spanish doctrine about the reference of criminal law to the sporting area is divided: on the one hand, there are the positions against the use of Criminal Law for introducing new specific crimes related to doping; on the other hand, within authors who agree on the formulation of a specific crime for sport, there is not a 'peaceful' delimitation of whether the offense protects an unique legal right or several rights. In other words, it is essential to determine if there are several legal rights that can be involved in a doping crime, which are inadequately protected by other crimes, so as to justify an unified punishment of the behaviors related to doping. |
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