AntiDopG and leniency - essay by Cherkeh in SpuRt issue 4/2019

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16.07.2019

The current issue of the trade journal „SpuRt – Zeitschrift für Sport und Recht“ (issue 4/2019, p. 167 f.) contains an article by Rainer Cherkeh entitled

Stärkung des Hinweisgeberschutzes durch Kronzeugenregelung im AntiDopG“ 

(Strengthening of whistleblower protection through leniency in Anti-Doping Act)

Translated from the contents:

"The required "protected" testimony of an active athlete accused of "self-doping" according to § 3 AntiDopG, which is supposed to bring about what the NADA Code envisages in Art. 10.6, is only possible at the public prosecutor's office. Precisely for this purpose, a flanking leniency in the AntiDopG is needed, which - because it significantly increases the danger for the "backers" of a statement convicting them - would also have a preventive effect.Sensible and suitable for future practice would be the following handling, which would be accompanied by the implementation of a leniency in the AntiDopG (proposals of the author on the occasion of the meeting AG 18: Sports and Volunteering of the CDU/CSU fraction in the German Bundestag from 06.11.2018): (...)."