Penalty points for Juventus for capital gains: what is “affliction” – Corriere.it

Penalty points for Juventus for capital gains: what is "affliction" - Corriere.it

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Of Ariadne Ravelli

How many penalty points will Juventus take in the Court of Appeal? There are no automatisms, but it is probable that they will be discounted compared to the 15. And since the penalty must be afflictive, there will be as many as needed to lose the Champions League

Juventus was sent from the Coni Guarantee Board (the last level of the sporting proceeding) to the Court of Appeal, which for the third time, in a different composition, will therefore re-examine the capital gains case: the first, let’s say before the prosecutor’s papers of the Republic of Turin, ended with an acquittal because it was not possible to determine the value of the players exchanged, the second – after the acquisition of the papers of the criminal investigation – ended with the revocation of that acquittal and the -15 points awarded to Juventus for the fraudulent system and the intentionality of the offenses that have altered the championship. Now we return to the Court of Appeal for the third time after the guarantee panel established the legitimacy of that sentence, for almost its entire system, condemned the top managers of the club (Agnelli, Paratici, Arrivabene and Cherubini) for article 4, sporting disloyalty, but Juventus’ appeal was accepted and in particular asked to re-evaluate the positions of minor managers.

So what is the forecast on the points that Juventus could be awarded this time? Premise: there are no tables or automatisms to calculate how many points correspond to a given penalty. We can hypothesize (attention: only hypotheses) that 1) sporting disloyalty is also reconfirmed for the club, as it is for its top executives and therefore you cannot escape a point penalty (moving to administrative irregularities, art. 31, would only be a fine); 2) if the positions of the managers from Nedved down in the corporate organization chart for which the appeal was accepted were to be reconsidered and if they were then acquitted then it is possible that there is a discount compared to the -15. Fewer responsible executives, fewer penalty points. (the operative part of the judgment of the guarantee college says: drawing the possible consequences also with regard to the sanction imposed on the company Juventus FCSpA, if any, not mandatory).

But the penalties of sports justice must be afflictive. What does it mean? Which must be such as to hit the club, take something away from it. For Juventus this something, standings in hand, should be considered the placement in the Champions League. In January, when the Federal Court expressed its opinion, it was calculated that in order to reach the goal (thus removing the Champions League), 15 points could have been adequate (the federal prosecutor Chin, therefore the prosecution, had asked for 9, while the judges tightened at 15). At the end of the championship (always assuming that there is time to impose the sanction in this championship), the ranking will be different and therefore the answer to the question: how many points will they take away from Juventus? it could also be 6-7-8, but as many as it will take to lose the Champions League, depending on the ranking at the time of the decision. Even 1, by pure hypothesis: it will obviously be more, perhaps just the 9 that the federal prosecutor had asked for. Unless we think that the afflictivity can be considered the loss of a place in all European competitions, a circumstance which would involve other calculations.

April 22, 2023 (change April 22, 2023 | 12:37)

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