Sport och straff – En analys av samspelet mellan idrottslig och rättslig bestraffning av samma gärning

Sammanfattning: The sports movement and its system are special. The movement enjoys a strong autonomy relative to the rest of society and it is more similar to public legal systems than other non-state systems in regard to the extent of its rules. At the same time, it receives large appropriations from the public in order to be able to maintain a functioning system. The members of a sports association are legally bound by the by-laws of organizations higher up in the sports movement pyramid, perhaps without the members knowing about it. The use of arbitration clauses keeps conflict resolution within the movement. However, an act punishable according to the rules of the sport may in some cases be punishable according to criminal law as well, and sports related cases can of course be reviewed by public courts. This possible dual punishment may result in the total sanction being too harsh, at least when the athlete is punished financially by both systems. Swedish public courts can regard prior disciplinary sanctions and lower the punishment to ease the dual punishment effect. The disciplinary procedure in sports prohibits some forms of dual punishment. Doping sanctions in sports are fairly special since athletes can be disciplined despite having used the prohibited substance by mistake. The athlete may be suspended for life on the occasion of repeated doping violations, and professional athletes are therefore prevented from working and earning money the same way as before. I believe this motivates further consideration from the public courts when deciding the appropriate punishment in a possible criminal procedure. It would however be rare that an athlete suspended from competing ever again is punished in a public court for the same act.