Recent events have brought to the attention of Italians the question of sports fraud, especially that one that materializes in the attempt to alter the results of football matches, influencing, at the same time, on the complex architecture of bets linked to these matches. Now, aside the question of ethics (which are not considered irrelevant, but, in a juridical consideration, perhaps is not prior); furthermore, being understood that responsibilities must be established in the competent and appropriate Courts, these events, however, call for the need of a consideration of sports fraud, according to a perspective of Legal Theory: a consideration that, once more, reveals surprising aspects or, at least, unexpected, especially if this case is compared with another typically sports offence as doping.The examination of sports fraud, after the identification of its distinctive features, will proceed by analyzing the assets harmed by the case. This will be an analysis that, examining the regulations established by various Italian sports Federations, will reveal significant discrepancies between what is stated in principle and what is actually normed: thus, emerge voids of justiciability that, at least in Italy, don’t find a suitable compensation either in the State Law.Not only, making a comparison between the rules provided by sports law system for doping and one for sports fraud, emerges how, against a generalized condemnations of both cases, if there is, for doping, an unitary discipline that, for what falls in the jurisdiction of sports legal system, aims at a full protection of persons and assets injured, for sports fraud, instead, there isn’t an unitary discipline, leaving a very wide discretion to evaluation of judges.It is a discretion which in almost all sports legal proceedings results in very harsh sentences, although very different each other, almost to dread the idea of “preferential” treatments reserved one or the other accused.The generalized hardness of condemnations, however, still leave unanswered the question about the real consideration of sports fraud by sports legal system: is it considered a minus compared to doping or not?
Sports Fraud Minus Than Doping?
DI GIANDOMENICO, Anna
2012-01-01
Abstract
Recent events have brought to the attention of Italians the question of sports fraud, especially that one that materializes in the attempt to alter the results of football matches, influencing, at the same time, on the complex architecture of bets linked to these matches. Now, aside the question of ethics (which are not considered irrelevant, but, in a juridical consideration, perhaps is not prior); furthermore, being understood that responsibilities must be established in the competent and appropriate Courts, these events, however, call for the need of a consideration of sports fraud, according to a perspective of Legal Theory: a consideration that, once more, reveals surprising aspects or, at least, unexpected, especially if this case is compared with another typically sports offence as doping.The examination of sports fraud, after the identification of its distinctive features, will proceed by analyzing the assets harmed by the case. This will be an analysis that, examining the regulations established by various Italian sports Federations, will reveal significant discrepancies between what is stated in principle and what is actually normed: thus, emerge voids of justiciability that, at least in Italy, don’t find a suitable compensation either in the State Law.Not only, making a comparison between the rules provided by sports law system for doping and one for sports fraud, emerges how, against a generalized condemnations of both cases, if there is, for doping, an unitary discipline that, for what falls in the jurisdiction of sports legal system, aims at a full protection of persons and assets injured, for sports fraud, instead, there isn’t an unitary discipline, leaving a very wide discretion to evaluation of judges.It is a discretion which in almost all sports legal proceedings results in very harsh sentences, although very different each other, almost to dread the idea of “preferential” treatments reserved one or the other accused.The generalized hardness of condemnations, however, still leave unanswered the question about the real consideration of sports fraud by sports legal system: is it considered a minus compared to doping or not?I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
