French Sports Code
In forceThe period of Ineligibility for multiple anti-doping rule violations shall be determined in accordance with the conditions set out in I to III.
I.-A person who has been duly notified by the French Anti-Doping Agency of the information provided for in article L. 232-21-1 or by any other organisation that is a signatory to the World Anti-Doping Code of a presumed violation and who commits, within ten years of this notification, a second violation of the provisions of at least one of articles L. 232-9, L. 232-9-1, L. 232-9-2, L. 232-9-3, L. 232-10, L. 232-10-3 and L. 232-10-4, shall be suspended for a period of between:
a) The cumulative duration of the period of suspension imposed for the first violation and that applicable to the second violation if it were treated as a first violation;
b) Twice the duration of the suspension applicable to the second violation if it were treated as a first violation.
The duration of the suspension may not be less than six months.
To determine the duration of the suspension, account shall be taken of all the circumstances and the degree of fault on the part of the person concerned in respect of the second violation.
If the person concerned commits a third violation within ten years of the notification referred to in the first paragraph, he shall incur the sanction of permanent suspension referred to in article L. 232-23, unless this is a breach of article L. 232-9-3 or the third violation fulfils the conditions set for the non-application or reduction of the period of suspension provided for in I and in 1°, 2° and 3° of II of article L. 232-23-3-10. In such cases, the duration of the sanctions referred to in article L. 232-23 may not be less than eight years.
The period of suspension determined pursuant to this I may then be reduced as provided for in 4° and 5° of II of article L. 232-23-3-10 or suspended as provided for in article L. 232-23-3-2.
A violation of the provisions of this Title or an equivalent violation established by a signatory organisation of the World Anti-Doping Code, found against an athlete or any other person who has committed no fault or negligence, or a violation sanctioned in application of 1° of II of article L. 232-23-3-3, does not constitute a previous violation for the application of this article.
When the French Anti-Doping Agency cannot establish that a new violation of the rules relating to the fight against doping has been committed after the perpetrator has been duly notified of a previous violation of these rules, these violations are considered to be one and the same violation of the rules relating to the fight against doping and the suspension incurred is the most severe provided for these violations. This suspension may be increased in accordance with the provisions of V of article L. 232-23-3-10. Results obtained in all competitions in which the athlete has participated since the earliest anti-doping rule violation are annulled in accordance with the provisions of article L. 232-23-5.
When the French Anti-Doping Agency establishes that an athlete or other person has committed a second or third anti-doping rule violation during a period of Ineligibility imposed on him/her for a previous anti-doping rule violation, the period of Ineligibility imposed for the second or third violation shall be served consecutively to the current period of Ineligibility.
II.-When an alleged violation has been notified by the French Anti-Doping Agency or by any other organisation that is a signatory to the World Anti-Doping Code and the Agency establishes that the person concerned committed another anti-doping rule violation before this notification, within a period of twelve months or more, either before or after the asserted violation that was the subject of the notification, the period of Ineligibility shall be calculated as if the other violation were a first violation, and such period of Ineligibility shall run consecutively to the period of Ineligibility imposed for the first notified violation.
Violations sanctioned under this II constitute a single violation for the purposes of I.
III.-When, in the context of a disciplinary procedure initiated in accordance with articles L. 232-21-1 et seq., the person concerned has committed a falsification within the meaning of 4° of article L. 232-10, this does not constitute a new violation within the meaning of I and the person concerned is subject to the suspension provided for in article L. 232-23-3-4. The duration of this suspension may be reduced or increased under the conditions set out in article L. 232-23-3-10.
Violations sanctioned under the terms of this III constitute a single violation for the application of I of the present article.
IV -Any person who contravenes the provisions of article L. 232-17 shall be subject to a new suspension measure as mentioned in 2° of I of article L. 232-23. The new measure, of a duration equal to the initial suspension period, takes effect after the expiry of the latter. It may be reduced or replaced by a warning depending on the degree of fault of the person concerned and the circumstances of the case.
