Criminal defense for Doping and Medicinal Products Offences in Bonn

In brief: Acquiring, possessing or importing a doping substance in more than a minor quantity for the purpose of doping in sport. The sentencing range is Up to 3 years imprisonment or a fine (Section 4(1) AntiDopG); up to 2 years for self-doping possession (subs. 2) (§§ 2, 4 AntiDopG; § 95 AMG). What matters is the evidence – we assess it after obtaining the case file.

Legal Basis

§§ 2, 4 AntiDopG; § 95 AMG

Sentencing Range

Up to 3 years imprisonment or a fine (Section 4(1) AntiDopG); up to 2 years for self-doping possession (subs. 2)

Summary

Acquiring, possessing or importing a doping substance in more than a minor quantity for the purpose of doping in sport.

The typical case has nothing to do with elite sport. A parcel from Asia is opened by customs; inside are testosterone enanthate, trenbolone or a SARM. The recipient trains at a gym, competes in nothing and belongs to no testing pool. Four weeks later a questionnaire arrives, often together with a notice from the customs office.

Two statutes, two offences

Section 2(3) of the Anti-Doping Act prohibits acquiring, possessing or bringing into the territory of the Act a doping substance listed in the Annex to the Act, in more than a minor quantity, for the purpose of doping humans in sport. Section 4(1) no. 3 AntiDopG makes a breach punishable by up to three years of imprisonment or a fine. Section 95 of the Medicinal Products Act applies in addition where prescription medicines without authorisation or without a prescription are involved.

Three elements decide the case. First, the substance must appear in the Annex to the AntiDopG, and that Annex is not identical to the WADA list. Second, the threshold quantity must be reached; the Annex sets a separate limit for each substance, calculated on active ingredient content rather than tablet weight. Third, the purpose of doping in sport must be present. Someone obtaining testosterone for medical reasons, or for cosmetic motives with no sporting connection at all, does not necessarily meet that purpose.

The provision that filters out most cases

Section 4(7) AntiDopG limits liability for self-doping and for possession under subsection 2 to two groups: elite athletes who are subject to out-of-competition testing as members of a testing pool, and persons deriving substantial income from sporting activity. The recreational athlete falls outside both. For him only Section 2(3) AntiDopG remains, and that requires the threshold quantity.

Subsection 8 adds a further route: a person who voluntarily gives up control over the substance before using it is not punished under subsection 2.

How these cases end

For a first allegation, quantities just above the threshold and seizure of the whole consignment, discontinuation under Section 153a StPO subject to a payment is the normal outcome. Where the quantity stays below the Annex limit, liability under Section 2(3) AntiDopG is excluded; what often remains is an administrative offence or a case under the Medicinal Products Act. Import duties and confiscation of the goods run in parallel and independently.

Anyone receiving a customs notice should have it checked, before making any statement, which substance was actually found and in what quantity. The figure in the questionnaire frequently differs from the laboratory analysis.

Summons or accusation of Doping and Medicinal Products Offences? What matters now

Two things matter immediately: say nothing to the police about the allegation – you are never obliged to – and have your defense obtain the investigation file first. In detail: your rights as an accused person, responding to a police summons.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We assess the evidence, look for procedural errors and negotiate with the prosecution about a discontinuation.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.