Section 3: Prohibited activities, checks and investigations

Articles in this section · 40

L232-9L232-9-1L232-9-2L232-9-3L232-10L232-10-1L232-10-2L232-10-3L232-10-4L232-11L232-12L232-12-1L232-12-2L232-13L232-13-1L232-13-2L232-14L232-14-1L232-14-2L232-14-3L232-14-4L232-15L232-15-1L232-16L232-17L232-18L232-18-1L232-18-2L232-18-3L232-18-4L232-18-5L232-18-6L232-18-7L232-18-8L232-18-9L232-19L232-20L232-20-1L232-20-2L232-20-3

Article L232-14-4

French Sports CodeIn force
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Updated 8 Nov 2023

When the athlete has refused to consent to the monitoring operations mentioned in article L. 232-14-1, the liberty and custody judge of the judicial court in whose jurisdiction the test is carried out or the liberty and custody judge of the judicial court provided for by the decree mentioned in I of article 706-2 of the code of criminal procedure may, at the request of the director of the testing department of the French Anti-Doping Agency, the competent foreign national anti-doping organisation or a competent international sporting body, authorise the operations mentioned in article L. 232-14-1. The liberty and custody judge shall in all cases verify that there are serious and concordant suspicions that the athlete has contravened or will contravene the provisions of this chapter and that there is a risk of evidence being lost.

The liberty and custody judge may also authorise the testing operations mentioned in article L. 232-14-1 on an athlete whose consent has not been sought, in accordance with the same procedures as those mentioned in the previous paragraph, when the French Anti-Doping Agency, the competent foreign national anti-doping organisation or the competent international sporting body is aware of serious and concordant suspicions that the athlete will imminently contravene the provisions of this chapter.

On pain of nullity, authorisation shall be given for a specific sample and shall be the subject of a written order. This order, which may not be appealed, shall state the reasons on the basis of the facts and law justifying the need for the operation. The operations are carried out under the supervision of the magistrate who authorised them, who may visit the premises to ensure compliance with the legal provisions.

The planned operations may not, on pain of nullity, have a purpose other than the taking of evidence referred to in the decision of the liberty and custody judge.

The fact that these operations reveal criminal offences or breaches of the obligations of this chapter shall not constitute grounds for invalidity of the incidental proceedings.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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