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Juventus, the reasons for the capital gains ruling: the club will appeal

The FIGC Court of Appeal has published the reasons for the sentence on Juventus in the context of the capital gains proceeding: “Serious, repeated and prolonged offence. The new acts prove intentionality”. Juve announces the appeal, the club’s lawyers: “Decisions vitiated by obvious illogicality”. The point of the situation and the next steps

JUVENTUS-LAZIO LIVE

The purpose of the sporting trial is not to arrive at an exact determination of the amount of the fictitious capital gains, but to identify whether there have actually been any and whether the phenomenon has been systematic“. It is one of most significant passages of the reasons with which the Federal Court of Appeal argued the reasons for the -15 inflicted on Juve on 20 January, in addition to the equally heavy inhibitions against its managers. Not the sum of the individual fictitious capital gains, notoriously not objectively identifiable as such, but the intentional alteration of market transactions that emerged from the impressive amount of documents received from the Public Prosecutor’s Office of Turin.

Because the process has been reopened

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Caf: “Ominous and devastating FP black book”

Documents – interceptions and papers – representing radically different facts compared to the first process and therefore suitable to reopen it, but only for Juventuslacking new evidence regarding the other clubs.

The black book FP

Preponderant role has according to the judges of via Campania the so-called black book of Paratici. “The most relevant demonstrative element – they write – is not only the content, which is all too explicit, but the fact that Fabio Paratici had constantly operated through a system of artificial capital gains. Juventus’ failure to disown the document and distance itself from it has a devastating effect on sporting loyalty”.

The ‘faults’ of Juventus

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Juve capital gains: here are the reasons for the sentence

Central, therefore, in the Court’s assessments is the violation of art. 4 by the Juventus managers, with Juve at fault for the direct responsibility sanctioned by art. 6. An evaluation sculpted in this passage of the motivations: “Juve has committed a sporting disciplinary offensetaking into account the seriousness and the repeated and prolonged nature of the violation, given the documentation coming from the club’s executives with confessional value and from the related manuscripts, the unequivocal interceptions and further evidence relating to interventions to hide documents or even manipulate invoices” The ball, of course, now passes to the defense.

The appeal

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Juve appeals: “Evident illogical ruling”

Will be presented by the company (and individuals) to the Sports Guarantee College at CONI within 30 days. The Juventus lawyers describe the reasons for the sentence of the FIGC Court of Appeal in a text “predictable in content, but spoiled by obvious illogicality, lack of motivation and groundlessness in terms of law”. The last level of judgment will rule on the legitimacy and not on the merits of the sentences. The appeal, that is, will be based on what the Juventus lawyers consider procedural flaws. Juve maintains that, with reference to the capital gains, it is attributed the violation of a rule that the sports justice itself had recognized did not exist in past proceedings. Furthermore, according to the defense lawyers there is also the failure to respect the deadline for the start of the request for revocation of the previous sentence by the federal prosecutor, indicated in 30 days from the news of new facts.

The heart of the Juventus defense

It will focus on the central topic of violation of article 4 on the principles of sporting loyalty on the part of the club. According to the Federal Court of Appeal it is one of the decisive points for the quantification of the 15-point penalty. But Juventus objects to the fact that Article 4 “it had not been expressly referred to in the dispute against the company in the referral last April”.

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