Sport Promotion Act (SpoPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 General Measures
Art. 18
1 The Confederation shall champion the observance of fairness and safety in sport. It shall fight undesirable accompanying phenomena. 2 It shall cooperate with the cantons and associations. It shall make financial support to the umbrella organisation of Swiss sports associations or other sports organisations and sponsors of sports events dependent on their efforts to assure fair and safe sport. 3 Within the context of programmes and projects, it may introduce its own preventive measures.
Section 2 Measures against Doping
Art. 19 Principle
1 The Confederation shall support and take measures against the abuse of substances and methods to increase physical performance in sport (doping), in particular by means of education, advice, documentation, research, information and testing. 2 The Federal Council may partially or wholly delegate the authority to take measures against doping to a national anti-doping agency. This agency issues the required rulings. 3 The Federal Council shall specify the substances and methods the use of which is a criminal offence, taking account of international developments.
Art. 20 Restriction of the availability of substances and methods of doping
1 The federal administrative units, the Swiss Agency for Therapeutic Products, the responsible cantonal agencies and the anti-doping agency established under Article 19 shall work together to restrict the availability of doping substances and methods. 2 The Federal Office for Customs and Border Security (FOCBS) shall report any evidence indicating that this Act has been infringed to the cantonal prosecution authorities. 3 When it suspects that this Act has been infringed, the FOCBS is entitled to retain doping substances at the border or in customs warehouses and to involve the anti-doping agency established under Article 19. The agency carries out further investigations and takes the required action. 4 The anti-doping agency established under Article 19 may, irrespective of any criminal proceedings, order any doping substances or objects used in the direct development and application of doping methods to be forfeited and destroyed.
Para. 2 — Amended by No I 9 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). Para. 3 — Amended by No I 9 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743).
Art. 21 Doping controls
1 Any person taking part in sports competitions may be required to undergo a doping control. 2 Doping controls may be carried out by: a. the national and international anti-doping agencies; b. the national and the international sports association of which the athlete is a member, as well as the umbrella organisation of the Swiss sports associations and the International Olympic Committee; c. the promoter of the sports event in which the athlete takes part. 3 The doping control agencies listed in paragraph 2 are entitled to process the personal data collected in connection with their control activities, including sensitive personal data, and to pass it on to the relevant agency for the purposes of: a. evaluating controls; b. sanctioning athletes found to have engaged in doping. 4 The doping control agencies listed in paragraph 2 letters b and c share the results of their controls with the national anti-doping agency established under Article 19.
Para. 3 — Amended by Annex 1 No II 33 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 22 Criminal provisions
1 Any person who manufactures, acquires, imports, exports, conveys, distributes, sells, prescribes, markets, administers or possesses doping substances under Article 19 paragraph 3 or applies methods under Article 19 paragraph 3 to third parties is liable to a custodial sentence not exceeding three years or a monetary penalty. 2 In serious cases, a custodial sentence not exceeding five years or a monetary penalty may be imposed. 3 A case is considered serious in particular if the offender: a. acts as a member of a group formed to pursue the activities set out in paragraph 1; b. seriously endangers the health or the life of athletes in an action listed in paragraph 1; c. distributes, sells, prescribes or administers substances under Article 19 paragraph 3 to children and young people under 18 years old or uses methods under Article 19 paragraph 3 on these persons; d. makes a large turnover or a considerable profit from commercial trade. 4 If the manufacture, acquisition, import, export,
Para. 2 — Amended by No I 15 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 23 Prosecution
1 The cantons are responsible for prosecution. The cantonal prosecution authorities may involve the anti-doping agency as established under Article 19 and the FOCBS in any investigations. 2 If substances or methods under Article 19 paragraph 3 are identified in a doping control, the agency carrying out the control shall inform the prosecution authorities responsible and send them all the pertinent documents. 3 The anti-doping agency established under Article 19 has the following party rights as defined in Article 104 paragraph 2 of the Criminal Procedure Code: a. to file an appeal against discontinuation and no proceedings orders; b. to file an objection to summary penalty orders; c. to file an appeal and accessory appeal against sentence against judgments.
Para. 1 — Amended by No I 9 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). Para. 3 — SR 312.0
Art. 24 Information
The responsible prosecution and judicial authorities shall inform the anti-doping agency established under Article 19 of any criminal proceedings begun as a result of an infringement under Article 22, and also of its rulings. The Federal Council establishes what information shall be communicated.
Art. 25 International exchange of information
1 The anti-doping agency established under Article 19 is entitled to exchange with recognised foreign or international anti-doping agencies for the purpose of combating doping personal data, including sensitive personal data, if such an exchange of data is necessary: a. to process medical applications and issue medical exemptions for athletes; b. to plan, coordinate and conduct doping controls on athletes; c. to report the results of doping controls to the foreign or international anti-doping agency responsible. 2 In the cases under paragraph 1 letter a, only data required to assess applications and exemptions may be transmitted. Data may only be transmitted with the express consent of the athlete concerned. 3 In the cases under paragraph 1 letter b, only the following data may be transmitted: a. personal details; b. practical details and the athlete’s whereabouts, so that doping controls can be carried out in accordance with international standards. 4 The anti-doping agency establishe
Para. 1 — Amended by Annex 1 No II 33 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 4 — SR 235.1 Para. 4 — Amended by Annex 1 No II 33 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Section 3 Measures to combat Competition Rigging
Inserted by Annex No II 3 of the Gambling Act of 29 Sept. 2017, in force since 1 Jan. 2019 (AS 2018 5103; BBl 2015 8387).
Art. 25a Criminal provision
1 Any person who, for his own benefit or for the benefit of a third party, offers, promises or grants an undue advantage to a person who exercises a function at a sports competition at which sports betting is offered in order to falsify the outcome of that sports competition (indirect competition rigging) shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who exercises a function at a sports competition at which sports betting is offered and who requests, secures the promise of or accepts, for his own benefit or for the benefit of a third party, an undue advantage in order to falsify the outcome of that sports competition (direct competition rigging) shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 3 In serious cases, the penalty shall be a custodial sentence not exceeding five years or a monetary penalty. A serious case arises in particular where the offender: a. acts as a member of a grou
Para. 3 — Amended by No I 15 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 25b Prosecution
1 The competent prosecution authorities may request the assistance of the inter-cantonal supervisory and executive authority under Article 105 of the Gambling Act of 29 September 2017 (GamblA) with investigations. 2 If it has any suspicion that a sports competition at which sports betting is offered has been rigged, the inter-cantonal supervisory and executive authority under Article 105 GamblA shall notify the competent prosecution authorities and pass on all relevant documentation to them. 3 The inter-cantonal supervisory and executive authority under Article 105 GamblA has the following party rights in proceedings relating to offences under Article 25a: a. to object to a no-proceedings order or an order abandoning proceedings; b. to reject a summary penalty order; c. to file an appeal or joint appeal against judgments on the matter of the sentence.
Para. 1 — SR 935.51
Art. 25c Information
1 The competent prosecution and judicial authorities shall notify the inter-cantonal supervisory and executive authority under Article 105 GamblA of any criminal proceedings that they have brought in respect of offences under Article 25a, and of their decisions. 2 The Federal Council shall specify what information is passed on.
Para. 1 — SR 935.51