Protected persons as subjects of criminal law protection

The present research addresses the problem of insufficient protection of vulnerable athletes by means of criminal law. Consequently, the study aims to define the categories of athletes for whom offenses against them should be punished more severely compared to crimes against other athletes ("protected persons") and the specific acts for which criminal liability should be established concerning these protected persons. The study draws upon the works of both domestic and foreign scholars specializing in criminal law, sports law, medicine, and sports theory, as well as normative legal acts and media sources. To achieve the research aims, both general scientific and specific scientific methods were used: formal-logical, comparative-legal, formal-juridical, and the method of legal forecasting. Based on the results of the research, the author arrived at the following conclusions. The criminalization of incitement to use substances and/or methods prohibited in sport, and the use of such substances and/or methods irrespective of the athlete's consent, has not led to the expected enhancement of counteraction against anti-doping rule violations. This is particularly true concerning the protection of vulnerable groups of athletes, who in criminal legislation are limited solely to minors. In the composition of the offense of using prohibited substances and/or methods, the commission of a crime against minors or any other vulnerable persons is entirely absent. The category of "protected persons," established by the World Anti-Doping Code and other documents, only partially covers vulnerable athletes, including most minors, incompetent athletes, or athletes with limited legal capacity. However, this category does not include blind individuals, persons with locomotor disabilities, etc. To increase the effectiveness of criminal law in countering anti-doping rule violations, it is necessary to include not only minors, but all protected persons, considering the need to expand this concept within the World Anti-Doping Code, while accounting for the specifics of classifying minors within this category. The criminally punishable act concerning these individuals should be the use of prohibited substances and/or methods, as a fundamental anti-doping rule violation, since such an athlete is relatively helpless and may be unable to comprehend the prohibitions established in sport. The author declares no conflicts of interests.

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