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Austrian athletes face jail under new doping law

A new Austrian law, under which athletes who are found guilty of doping can be jailed for up to 10 years on charges of fraud, comes into force in January.

The amendment to the country’s criminal and penal law was passed in mid-December to strengthen anti-doping sanctions after a string of scandals involving Austrian cyclists and biathletes. Under the new law, anyone found guilty of doping - whether by taking banned substances or using other methods - could now face between one and three years in prison for fraud, and up to 10 years if the damage exceeds 50,000 euros (71,700 dollars).

As with serious fraud however, prosecutors will have to prove personal gain, deliberate deception and financial damage to others - starting as low as 100 euros (144 dollars).

“Whoever turns to doping, commits fraud,” Sports Minister Norbert Darabos said when he presented the amendment in November.

“The athlete does not only give himself an unfair advantage in sports competitions, but also by securing bonuses, prize money and sponsors.”

“Doping should no longer have a place in Austrian sports,” he added, referring to the doping scandal involving Austria’s biathlon and cross-country squads at the 2006 Winter Olympics, and the case of cyclist Bernhard Kohl, who was banned after finishing third in the 2008 Tour de France.

“Doping is not a trivial offence,” Justice Minister Claudia Bandion-Ortner also said. “We have to protect honest athletes against those who use dishonest methods,” she added.

Under a separate amendment that also comes into force on Friday, athletes suspended for doping will be banned for life from receiving any state aid and federal money received beforehand will have to be paid back.

The amendment also gives customs officers broader powers to seize doping material at the border, and foresees sanctions for doctors or medical staff who assist an athlete with doping. With these new rules, Austria now has the most severe doping law in the world, where it once had one of the mildest.

Last year, the government introduced an amendment making the possession and trafficking of doping substances - until then considered a minor offence - punishable by five years in prison. Politicians insist they do not want to criminalise sports however. Athletes found guilty of fraud could initially be given suspended sentences, Darabos and Bandion-Ortner added.

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