Statute of Limitations

[Catwhoorg]

Pulling this out of the Froome/TUE thread as I am interested in some further discussions

Don't worry. On January 1, 2015, the new WADA Code kicks in, and the SOL becomes 15 years instead of 8.

Whilst I was aware of this change, I am not sure of the implications. If Joe Schmoe is doping in 2014 but then stops (say Dec 1st so his is 100% clear by Jan 1st) is the SOL for that going to be the current 8 years or the revised code 15 ?

I guess I am asking will this SOL change be retroactive ? (and if so how far back)

 

[IndianCyclist]

Upto December 31st 2014 the SOL will be upto December 31st 2006 but on 1st January 2015 the SOL will be upto 1st January 2000.
So anybody who confesses before 31st December 2014 for a doping violation between 1st January 2000 and December 31st 2006 escapes scot free

 

[GreasyMonkey]

Upto December 31st 2014 the SOL will be upto December 31st 2006 but on 1st January 2015 the SOL will be upto 1st January 2000.
So anybody who confesses before 31st December 2014 for a doping violation between 1st January 2000 and December 31st 2006 escapes scot free

So what happens to all of those that admitted doping after 1st Jan 2000, and stopping before 2006, when everyone decided that the new clean era was beginning??

 

[northstar]

Pulling this out of the Froome/TUE thread as I am interested in some further discussions




Whilst I was aware of this change, I am not sure of the implications. If Joe Schmoe is doping in 2014 but then stops (say Dec 1st so his is 100% clear by Jan 1st) is the SOL for that going to be the current 8 years or the revised code 15 ?

I guess I am asking will this SOL change be retroactive ? (and if so how far back)

The new WADA code is extending SOL to ten years, not 15.

WADA Code 2015 ARTICLE 17 - STATUTE OF LIMITATIONS

“No anti-doping rule violation proceeding may be commenced against an athlete or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten years from the date the violation is asserted to have occurred.”

I’m not sure what you mean by retroactive. I believe any ADRV cases initiated after January 1, 2015 will use the 10 year SOL time period. Cases under progress right now (for example, CIRC confessions) will fall under the current 8 years SOL. The trigger date for interrupting the SOL appears to be the date a rider is notified of the violation.

If Joe Schmoe was doping in 2014, under the new Code he can be charged up to 2024 for that doping. Likewise, in 2015, he can be charged with doping offences going back to 2005.