Facts
The District Court of Lenzburg convicted X. on September 14, 2017 for various criminal offenses, including commercial violation of the Federal Act on the Promotion of Sport and Physical Activity (Sports Promotion Act, SpoFöG). X. appealed the judgment.
The High Court of the Canton of Aargau held in its judgment of November 21, 2018 that X. had, without authorization, distributed pharmaceutical and doping substances to consumers from the fitness and bodybuilding sector for the purpose of muscle building and performance enhancement from August 10, 2012 or October 1, 2012 until approximately March 31, 2015. He had thereby generated a profit of CHF 148,468.
X. filed a criminal complaint against the judgment of the High Court. He requested that the proceedings regarding the charge of commercial violation of the Sports Promotion Act be discontinued or that he be acquitted of this charge.
Considerations
The Federal Supreme Court dismissed the complaint, insofar as it entered into it.
The Federal Supreme Court stated that the term "doping purpose" is sufficiently defined by the legislator and common usage, and that the criminal provision in Art. 22 SpoFöG does not violate the principle…