ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni and Francesco Amoresano, LAWP Studio legale e tributario
Co-Operation Against Gambling in Sport In recent years, many sports institutions have under - taken initiatives to prevent sports fraud and raise awareness of gambling and match fixing in sport. In parallel, some leagues have entered into memo - randa of understanding with the Italian Customs and Monopolies Agency (ADM) and international technol - ogy providers to monitor betting flows, detect suspi - cious patterns and exchange integrity-related infor - mation. Under Decree Law No 87/2018, the government banned gambling and betting advertising in sports events, despite criticism from clubs that have suffered economic damages due to the forced termination of numerous sponsorship agreements with international betting agencies. 1.4 Disciplinary Framework Under Law Decree No 220/2003, technical and disci - plinary controversies fall under the exclusive author - ity of sports justice. Therefore, clubs, associations, affiliates and members must address these matters through designated sports disciplinary bodies. Anti-doping/disciplinary proceedings generally start with a preliminary investigation led by the PNA/Fed - eration Prosecutor, which may result either in the dismissal of the case or disciplinary action against the suspected party. In the latter case, the matter is referred to the relevant tribunal (the TNA or the com - petent Federation Tribunal). Notably, individuals with a protected interest in the outcome may also initiate disciplinary proceedings. Sports proceedings guarantee a fair trial and are con - ducted within a reasonable timeframe. This ensures the smooth operation of competitions and federation activities. Parties are entitled to have their case heard at two distinct levels. Additionally, they can request provisional measures, such as the suspension of an athlete, pending the outcome. During hearings, par - ties can be present, be heard equally, and introduce evidence (documents, testimonies, expert opinions). The panel may request additional evidence, and par - ties can submit written defences.
and Monopolies Agency ( Agenzia delle Dogane e dei Monopoli , or ADM). Outside this regulated area, gam - bling is a crime and the Criminal Code sanctions both organisers of and participants in gambling (including sentences and fines imposed under Articles 718 and 720 of the Criminal Code). Under sports law, specific betting-related offences are designed to combat illegal betting and match fix - ing. Article 24 of the FIGC Justice Code specifically forbids betting activities for individuals connected to the FIGC, managers, stakeholders and members of professional and non-professional clubs. In particu - lar, members of professional clubs can never bet on official FIGC, UEFA or FIFA matches. Members of non- professional and youth clubs can bet through author - ised betting agencies only in relation to official FIGC, UEFA and FIFA competitions not involving their own club. Sanctions include sports bans, monetary fines, points deductions, relegation, exclusion from compe - tition and/or revocation of titles. Sanctions are also established for failing to report any potential betting- related offence to the FIGC Federal Prosecutor. The same conduct is relevant under criminal law to the extent that it constitutes fraud in sports competition (see 1.2 Misconduct and Match-Fixing ). A recent betting-related case in Italian sport con - cerns a professional footballer who, between 2021 and 2023, was involved in an organised system of illegal betting and gambling activities carried out through online platforms. The investigation further revealed the existence of a structured mechanism for managing and concealing betting-related finan - cial flows, including the use of third-party accounts and simulated commercial transactions to disguise payments connected to gambling losses. The FIGC Federal Prosecutor charged the football player with violations of the rules prohibiting registered individu - als from engaging in betting activities and from using non-authorised gambling platforms, and imposed a 12-month sporting ban, of which seven months were to be served as an effective suspension from com - petitive football, while the remaining five months were converted into alternative measures.
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