ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
tor’s Office) and imposing sanctions in case of breach of anti-doping norms (through the National Anti-Doping Tribunal ( Tribunale Nazi- onale Antidoping , or TNA)); • creating educational programmes and courses to raise awareness of anti-doping matters; and • managing therapeutic use exemption requests. The World Anti-Doping Code is implemented through the “Sports Anti-Doping Code” , which transposes the World Anti-Doping Code within the Italian sports system and applies to sports subjects – members and affiliates – under the authority of the Italian National Olympic Com - mittee (CONI) and to non-members/non-affili - ates (eg, doctors, pharmacists) whose conduct has an impact on CONI members/affiliates and competitions. The Relationship Between Criminal Justice aTnd Sports Justice Regarding Doping Matters An emblematic case with respect to the relation - ship between criminal justice and sports justice in doping matters regards 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 proceedings. The athlete tested positive twice (in 2012 and 2016), and in relation to the second violation the Italian 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 acquittal, 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 Ital - ian athlete is the one related to tennis world No 1 Jannik Sinner. Despite attracting significant media attention, the conduct of Sinner and his team – including his physician and trainer – holds no relevance under Italian criminal law. This is because the anti-doping rule violation was deemed unintentional, and under Italian crimi - nal law, only intentional offences are punishable. 1.2 Integrity Article 1 of Law no 401/1989( “fraud in sport competitions” ) imposes a prison sentence rang - ing from two to six years and a monetary fine on individuals: • who offer, promise, or accept money or other advantages in relation to a participant in an official sports competition; or • who carry out any other act to manipulate fair and equitable competition. Notably, the mere intention to “manipulate fair and equitable competition” is sufficient for pros - ecution under this law, regardless of whether the manipulative act actually occurs. Sports fraud is also sanctioned under all the Ital - ian Federations’ Sports Justice Regulations. For example, the Italian Football Association ( Feder-
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