ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni and Francesco Amoresano, LAWP Studio legale e tributario
non-affiliates (eg, doctors, pharmacists) whose con - duct has an impact on CONI members/affiliates and competitions. The Relationship Between Criminal Justice and Sports Justice Regarding Doping Matters An emblematic case with respect to the relationship between criminal justice and sports justice in doping matters concerns former race walker Alex Schwazer. This is one of the most complex and significant anti- doping cases in Italian sports in recent history and highlights the distinct separation between the realms of sports justice and criminal justice, which can lead to divergent outcomes in corresponding proceed - ings. The athlete tested positive twice (in 2012 and 2016), and in relation to the second violation the Ital - ian Criminal Court acknowledged irregularities in the athlete’s sample. However, the court dismissed the proceedings, citing the fact that he did not commit any criminal conduct. This decision was handed down despite objections from WADA. Following his acquit - tal, Schwazer applied to the Court of Arbitration for Sport (CAS) and the Swiss Federal Court, requesting: • the reconsideration of the ban; and • the provisional suspension of the eight-year ban. Both suspension requests were rejected by the courts. In 2022, Schwazer asked the European Court of Human Rights to review the CAS and Swiss Federal Court decisions. Another notable recent case involving an Italian ath - lete relates to tennis world No 1 Jannik Sinner. Despite attracting significant media attention, the conduct of Sinner and his team – including his physician and trainer – was deemed unintentional and resulted in a period of sporting ineligibility agreed with WADA. No criminal liability arose under Italian law, as Article 586-bis requires intentional conduct aimed at altering performance. 1.2 Misconduct and Match-Fixing Article 1 of Law no 401/1989 (“fraud in sport competi - tions”) imposes a prison sentence ranging from two to six years and a monetary fine on individuals who:
• offer, promise or accept money or other advan - tages in relation to a participant in an official sports competition; or • carry out any other act to manipulate fair and equi - table competition. Notably, the mere intention to “manipulate fair and equitable competition” is sufficient for prosecution under this law, regardless of whether the manipula - tive act occurs. Sports fraud is also sanctioned under all the Italian Federations’ Sports Justice Regulations. For example, Article 31 of the Italian Football Association ( Feder- azione Italiana Giuoco Calcio , or FIGC) Justice Code sanctions clubs, athletes and any other relevant sub - jects of the FIGC for any conduct aimed at: • manipulating the course or the result of a match; or • ensuring an unfair advantage in competition. Sanctions may include points deductions, relegation, exclusion from the tournament and/or revocation of any sports title. Individuals found guilty of sports fraud face a minimum four-year ban and substantial mon - etary fines. Sanctions can be increased in the case of multiple offences, or if the manipulation of a result or a tournament advantage is obtained. A notorious case in 2006 involved several directors and managers of well-known Italian football clubs, as well as certain members of the Italian Referee Asso - ciation. The investigation resulted in sanctions being imposed on clubs, public officials and the most emi - nent people working in the football industry at that time. The repercussions included the revocation of sports titles, relegation, points deduction and bans from public services and managerial roles. Another case in 2015 involved a football club of Serie B whose director and some officials were found guilty of match fixing and fraudulent conduct for the purposes of avoiding relegation. 1.3 Betting-Related Offences Gambling Under Italian Laws and Betting-Related Offences Gambling is legal only if operated by entities with the relevant licence issued by the Excises, Customs
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