This is the first such case in the Supreme Court of Lithuania, in which people have been convicted of illegal transportation and possession of substances specified in the Doping Control Law for the purpose of distribution.
According to the court, the lawyers of A. Jakimavičius and B. Vyšniauskas requested in their complaints to annul the previous court decisions and to terminate the case or change the judgment of the court of first instance and to impose as few penalties as possible.
In the complaint, the lawyers alleged that the criminal law had been misapplied, that the rules for assessing evidence had been violated and that the penalties had been too severe.
Both cassation appeals stated that the convicts were deserving sports coaches and this was not taken into account when sentencing them, in other words, the long-term merits of the convicts in sport were not taken into account.
B.Vyšniauskas and A.Jakimavičius committed criminal acts by acting as sports coaches, their actions endangered both the health of athletes and the principle of fair sports.
After examining the case, the Supreme Court dismissed the appeals and found that both the courts of first instance and the appellate courts had properly identified the elements of criminal activity.
It was indisputably established in the case that both B. Vyšniauskas and A. Jakimavičius had at their disposal the substances specified in the Law on Doping Control and the normative documents accompanying it.
“The convicts’ intent to distribute doping substances was revealed by an assessment of the quantity and variety of substances found, and it was reasonable to take into account that both convicts were highly experienced sports coaches unequivocally aware that their possession was classified as doping substances and their distribution was prohibited.” – reads in the court report.
According to the SCL, previous courts had reasonably denied the coaches’ defensive versions that they had used doping for their own purposes, and the arguments of both defendants that doping had been used for treatment had been refuted by a systematic analysis of the evidence in the case.
The order states that the courts also took into account the personalities of the coaches, the nature and degree of their guilt.
“The panel of judges emphasized in the ruling that B.Vyšniauskas and A.Jakimavičius committed criminal acts by acting precisely as sports coaches, their actions endangered both the health of athletes and the principle of fair sports, thus, their criminal act was undoubtedly harming the area to which for the merits of the past, they sought a more favorable court decision, ”the Supreme Court emphasized.
The panel of judges also emphasized that doping in general is a substance or special method that promotes or inhibits the physical and mental activity of the body and that the term doping is usually associated with disrespectful conduct in sports competitions where athletes pursue prohibited purposes using prohibited drugs.
In cases where doping substances are used in sport, in addition to endangering human health, the protection of the principle of fair play is also threatened.
However, it should also be noted that the substances specified in the Doping Control Law may be used not only by athletes and not in connection with their participation in sports competitions.
In the opinion of the panel of judges, the illegal possession of doping substances for the purpose of their distribution, the bending to use doping substances are dangerous criminal offenses, and the harm caused to the human body by doping substances is unquestionable. In cases where doping substances are used in sport, in addition to endangering human health, the protection of the principle of fair play is also threatened.
Although the concept of doping is interpreted more broadly in international documents, criminal liability under the provisions of the Criminal Code arises only for the illegal disposal of specific doping substances specified in the law for the purpose of their distribution, bending their consumption.
According to the case, B.Vyšniauskas illegally transported more than 1 thousand. various tablets, capsules, and gels, which belong to the group of anabolic and androgenic steroids, as well as the coach and the head of the federation kept it all in the apartment for the purpose of distributing these preparations.
At that time, A. Jakimavičius, with the aim of distributing, illegally kept and transported one automatic syringe with powder and liquid, as well as 48 ampoules with preparations included in the list of doping substances.
As previously announced by the prosecutor’s office, in 2018, during a search of B.Vyšniauskas and his relatives’ home, about 20 vials, 40 packs, 80 ampoules and more than a thousand tablets of prohibited substances belonging to the group of anabolic and androgenic steroids were found in the premises of the sports club.
This pre-trial investigation was initiated at the end of July 2017 following a complaint from the Lithuanian Anti-Doping Agency.
The decision of the Supreme Court of Lithuania is final and not subject to appeal.
Source: 15min.lt – suprasti akimirksniu | RSS by www.15min.lt.
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