ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
this allegation expanded, it revealed a broader network of criminal association, with the primary objective being betting on fixed matches. This network was found to include numerous play - ers and coaches. Disciplinary sanctions were imposed on several clubs (including points deductions and fines), as well as players and coaches (who, in the most serious cases, were given a five-year ban from any role within the FIGC). Co-Operation Against Gambling in Sport In recent years, many sports institutions have undertaken initiatives to prevent sports fraud and raise awareness of gambling and match fixing in sport. In parallel, some leagues have entered into memoranda of understanding with the Italian Customs and Monopolies Agency (ADM) and international technology providers with the purpose of monitoring sports betting flows and preventing fraud. Under Decree Law No 87/2018, the govern - ment 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 Proceedings Under Law Decree No 220/2003, technical and disciplinary controversies fall under the exclusive authority 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/Federation Prosecutor, which may result either in the dismissal of the case or disciplinary action against the suspected party. In the lat -
ter case, the matter is referred to the relevant tribunal (the TNA or the competent Federation Tribunal). Notably, individuals with a protected interest in the outcome may also initiate disci - plinary proceedings. Sports proceedings guarantee a fair trial and are conducted 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. Addi - tionally, they can request provisional measures, such as the suspension of an athlete, pending the final outcome. During hearings, both parties have the right to be present and heard equally. They can introduce various forms of evidence, including documents, witness testimonies, and technical expert opinions. The panel may also request additional evidence on their own initia - tive. Finally, both parties have the right to submit clear and concise written defences. First instance decisions may be challenged before the National Anti-Doping Court of Appeal and the Federation Court of Appeal. Disciplinary decisions may be further challenged before the CONI Collegio di Garanzia dello Sport on grounds of legal violations or for insufficient or defective reasoning on a crucial aspect of the dispute (Article 54 of the CONI Justice Code). The above proceeding does not preclude the involvement of competent public prosecutors and ordinary criminal courts, which may initiate independent investigations. There is a regulated system for sharing information between ordinary courts and sports judicial bodies.
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