Violation of the rules: Sporting fraud

Abstract

Over past few years, the theme of sporting offense has increased his importance. For the federal disciplinary courts, the agonistic result must be a direct consequence only of the fair competition that take place within the rules (technical and organizational). The CGS, at the art. 30, does not prescribe that the result of competition would be necessarily altered. The paper offers an overall analysis of the structure of the sporting offense, distinguishing between consumption and attempt, with the related sanctioning treatment, starting from the non-punishment of the so-called “Ideational” or “preparatory” phase. In the second part, the issue of the obligation to report is then addressed with particular attention to the institution’s needs for judicial review. Finally, the research addresses a specific case, analyzing the proceeding for sports offense at every stage, starting from the notice of conclusion of the investigations, with the deferral by the Federal Prosecutor’s Office, until the final decision of the Federal Court of Appeal.