Judgment No. 34355 of 2023: Doping and Receiving Stolen Goods, Possible Concurrent Offenses

Judgment No. 34355 of July 7, 2023, issued by the Court of Cassation, represents an important jurisprudential intervention regarding doping and receiving stolen goods. In particular, it clarifies the dynamics of concurrent offenses between the crime of trading in doping substances and that of receiving stolen goods, two offenses that, despite having different origins, can coexist within the same legal context.

The Regulatory Framework

Law No. 376 of 2000 governs the protection of health in sports activities, establishing specific rules against doping. Article 9 of this law sanctions offenses related to the trade of doping substances, while Article 648 of the Penal Code deals with receiving stolen goods, i.e., the purchase or receipt of goods of criminal origin. The judgment under review is based on these provisions to clarify the boundaries between the two offenses.

Health protection of sports activities - Doping - Offense under Article 9 of Law No. 376 of 2000 - Receiving stolen goods - Concurrent offenses - Possibility - Reasons. The offense of trading in doping substances through channels other than authorized pharmacies and dispensaries can be concurrent with that of receiving stolen goods, due to their structural diversity, as the former can also be constituted by acquisition conduct not linked to a crime, as well as the heterogeneity of the legally protected interest, given that the latter is intended to protect an interest of a patrimonial nature, unlike the former, which aims to protect the health of those participating in sports events.

Analysis of the Judgment

The Court held that the offense of trading in doping substances can be concurrent with receiving stolen goods, highlighting that the two crimes protect different legal interests: the former is aimed at safeguarding the health of athletes, while the latter is intended to protect a patrimonial interest. This distinction is crucial, as it allows for the assertion that illicit conduct can overlap, creating situations of concurrent offenses.

• The trade of doping substances occurs through unauthorized channels, creating a danger to public health.
• Receiving stolen goods, on the other hand, focuses on the acquisition of goods of illicit origin, protecting patrimonial interests.
• The concurrence between the two offenses is justified by the diversity of the conduct and the protected interests.

Conclusions

Judgment No. 34355 of 2023 offers a clear and articulated view of the interrelationships between doping and receiving stolen goods. It emphasizes the importance of protecting athletes' health in an increasingly complex sporting context. The interpretation offered by the Court of Cassation could have a significant impact on the fight against doping, providing more effective legal tools for the prosecution of illicit behavior. In an era where the health of athletes must be a priority, jurisprudence proves ready to intervene firmly to ensure legality and safety in sports activities.