Guido Camera Cassation lawyer at the Court of Milan and is active in the criminal law sector. He also plays intensely Teaching activity He is the author of several Publicationsas well as being president of the “Italia, Stato di Giusti” association, on whose platform he recently organized Webinars “Juventus-15 on the right does not wear shirts”. «We usually talk about mathematical topics, but I think this sentence deserves the attention of aorganized Like us, because whatever Lawsuit what about goods Important Economically and relevant to millions of people, you must respect nobody’s principles rules of lawAlso, in context justice Athletewhich cannot escape the rules of due process.”
room He also wrote an essay on the sentence and read the conclusions of the appeal with attention: “I think there are many strong themes. The penalty for the penalty is striking, to explain in a very simple way: how to inflict 15 penalty points when there is a specific rule, I am referring to Article 31, in which the legislator only provided for a fine. And in incorrect use For Article 4, in any case, there is a disproportionate disrespect for the principle of the justice of the punishment, which must be guaranteed in so far as it must be guaranteed. The judge cannot override the legislator and do so with severe punishment.. Another strong point gravity is change president From the inclusion: In the event of annulment, the scenario that occurred here cannot be changed, moreover not allowing Juventus to defend itself on the basis of the new materials that have been contested. Here the constitutional principles of fair trial, which are also widely guaranteed in sports justice, are violated.
And then it stays, the elephant in the room,absence legislation. “In the ruling by which the Federal Court of Appeal acquitted all those deferred by the federal prosecution, it was emphasized that there were no rules or standards for punishing behavior. That is, there was no rule on capital gains, nor a standard for calculating possible overvaluation of players. What has changed? nothing. We are still without standards, without standards. So the legal drop point does not exist. There can be no violation of a general principle, forgetting the point of legal omission. Repeating lawful conduct not prohibited by law may not be an offense.” Finally, there is a letter model to organized: “If strict liability is too much of a burden for companies, a company can also mitigate that burden by demonstrating that it has an appropriate organizational model, or rather internal procedures designed meticulously to avoid committing violations.”
This whole affair, however, deserves one reflection the last one, that lawyer room It begins with the difficult task of the Collegiate of Guarantee, which will be called upon to decide in a climate of extreme pressure, with great expectation of conviction, fueled by public opinion by frequent publications of excerpts from the Turin investigation: «Judges must be steadfast and rule with complete independence. The oath cannot have a shirt, so can it not enter the judicial process in any way. He prefers to set clear rules, because even in consensual justice the partner—Juve in this case—must be very clear about the consequences of his actions, as well as to remove any argument. On the other hand, rituals should offer more guarantees to those who defend themselves. I have always had experiences of sports referees who pay great attention and dedication to their work, but I believe that rituals need to be carried out.”
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