The Italian System of Evidence in Sports Trials

The sports trial system seems to be vitiated by an essential lack of investigative powers that limits its possibility of obtaining evidence to be examined at the hearings. It is an essential limit that marks every judicial sports proceeding, due to the fact that it’s often based on evidentiary material which has a constitutively alleged reliability, because based on the acquisition of evidence from witnesses or on material that can’t be subjected to validation, having been received by another judicial source. So the analysis of such a system for obtaining evidence highlights a number of critical legal issues, whose effects will reverberate on the pursuing of justice in the sports field. They are effects that can find partial justification as soon as the specificity of the judicial sports system will be considered, because of its necessity to respond in quick times, often dictated by the need for organization of tournaments; as well as if we consider all within the larger framework of the sports legal systems, characterized by an intrinsic conventionality and, therefore, from an essential lack of sovereignty.