FIGC Investigation Set to Be Dismissed

by Chief Editor

The Milan Public Prosecutor’s Office is currently divided over how to proceed with the investigation into alleged irregularities involving former referee designator Gianluca Rocchi and Inter Milan officials. While prosecutor Maurizio Ascione maintains there is sufficient evidence to pursue charges of fraudulent interference in sports competitions, Chief Prosecutor Marcello Viola and Deputy Prosecutor Paolo Ielo have expressed reservations, citing the “reasonable probability of conviction” standard required by the Cartabia reform.

Internal Division at the Milan Prosecutor’s Office

The investigation has reached a point of internal disagreement regarding the strength of the evidence gathered through interceptions, testimonies, and interrogations. According to reports, Maurizio Ascione, who is slated to leave the Milan office, believes the collected material supports a trial. Conversely, Marcello Viola and Paolo Ielo—who joined the inquiry in June 2023—argue the evidence does not meet the threshold for a reasonable probability of a conviction.

Internal Division at the Milan Prosecutor's Office

Ascione faces a deadline to either sign off on a request for dismissal or maintain his dissent. If he chooses to dissent, procedural norms suggest Viola and Ielo may wait until Ascione’s departure to formally file the dismissal request, effectively bypassing his opposition. The situation remains fluid, with the potential for new entries into the register of suspects to further complicate the legal landscape.

Did you know?

The “Cartabia Reform” in Italy introduced stricter requirements for prosecutors to evaluate the likelihood of a conviction before moving forward with a trial, aimed at reducing the backlog of cases that are unlikely to result in a guilty verdict.

Jurisdictional Shifts and VAR Investigations

While the broader case faces procedural hurdles, there is consensus regarding the investigation into alleged improper communications with the VAR room. The inquiry concerns former designator Gianluca Rocchi and former VAR supervisor Andrea Geravasoni. All three prosecutors involved agree that the case should be transferred to the Public Prosecutor of Monza, Claudio Gittardi, as the VAR facility is located in Lissone, Brianza.

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Specific allegations regarding sports fraud involving Luigi Nasca and Rodolfo Di Vuolo will also be handled by the Monza jurisdiction. However, not all aspects of the VAR inquiry are leaving Milan. The position of Daniele Paterna, an assistant VAR, remains in Milan. Paterna is under scrutiny for alleged false testimony provided during a deposition in Ascione’s office, specifically regarding his conduct during the Udinese-Parma match.

The Path Forward: Sports Justice and Transparency

Beyond the criminal investigations, the documentation compiled by the Milan prosecutors is set to be transmitted to the Federal Prosecutor’s Office. This step is intended to allow sporting authorities to evaluate whether the conduct in question constitutes a violation of sports regulations, independent of the criminal proceedings.

The Path Forward: Sports Justice and Transparency

Frequently Asked Questions

  • Why is the case being moved to Monza? The case is moving to Monza because the physical location of the VAR room, where the alleged irregularities occurred, falls under the territorial jurisdiction of the Monza prosecutor.
  • What is the impact of the Cartabia reform on this case? The reform requires prosecutors to assess if a conviction is reasonably probable. If they believe the evidence is insufficient to meet this standard, they are obligated to seek dismissal.
  • Will the Federal Prosecutor’s Office investigate? Yes, the documents are being transferred to the Federal Prosecutor to determine if there were any breaches of sports justice rules.
Pro Tip:

Stay updated on the judicial status of Serie A investigations by monitoring the official filings from the Milan and Monza Prosecutor’s Offices, as these will define the timeline for any potential sporting sanctions.

What are your thoughts on how these judicial investigations impact the credibility of professional football? Join the conversation in the comments below or subscribe to our newsletter for the latest updates on sports law and regulation.

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