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The verdict in the criminal proceedings against the Erfurt doping doctor Mark S. is final. According to the Munich Higher Regional Court, the appeal was withdrawn.
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Erfurt / Munich – The verdict against the Erfurt doping doctor Mark S. is final.
In the criminal proceedings against the doctor and four other defendants, he and the other auditor Ansgard S. withdrew the appeal, so the judgment was final, the Munich Higher Regional Court announced on Wednesday.
Mark S. had been sentenced to four years and ten months in prison for years of blood doping to athletes and dangerous physical harm. He was also banned from working for three years.
At the end of January, his lawyer Juri Goldstein announced that he would appeal to the Federal Court of Justice (BGH). Goldstein then saw a “major violation” of the principle of a fair trial. The lawyer initially did not comment on the reason for withdrawing the appeal.
In addition to Mark S. his four helpers were also found guilty and sentenced to imprisonment, probation and fines. The verdict in the first major criminal case since the Anti-Doping Act came into force in Germany in 2015 is considered to be of political importance. It was rated as a milestone in the fight against manipulation and fraud.
Although the criminal chamber of the Munich II Regional Court a month ago remained below the five and a half years imprisonment required by the public prosecutor, the judgment is linked to the hope of a deterrent effect for athletes and supervisors: For doping offenses there is a risk of high penalties up to jail. The case had become known as “Operation Aderletting”.
The court saw it as proven that Mark S. carried out blood doping with athletes for several years, actively recruited them and also wanted to earn money with the fraud. The Thuringian had confessed to the acts extensively during the 23 days of taking evidence, but always claimed that he treated the athletes out of love for sport. “You can like the sport and still work commercially,” replied judge Marion Tischler at the time in the grounds for the judgment.
The Munich Chief Public Prosecutor Kai Gräber spoke out in favor of a leniency program in sports law with regard to further doping trials. From his point of view, the most important finding from the verdict against Mark S. is that “successful anti-doping work is only possible through the law enforcement authorities. Ultimately, the convictions were only possible because we intervene with the means we have for criminal prosecution We were able to secure evidence. This is not possible for sport, associations or the media, “said the head of the Doping Public Prosecutor in Munich and chief investigator in” Operation Aderlass “in an interview with” Stuttgarter Zeitung “and” Stuttgarter Nachrichten “.
“Operation Aderlass has also shown that there are no cases without information from the sports scene. Therefore, it is extremely important to create incentives for potential communicators through a possible mitigation of sentences,” emphasized Gräber and demanded: “However, sports law is also applicable a corresponding regulation is necessary – it does not help if key witnesses in criminal proceedings can count on mitigating circumstances, but are banned for four years. “
© dpa-infocom, dpa: 210224-99-572256 / 3
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