Lukaku case, Juve curve reopened due to an error by the FIGC prosecutor

In the reasons for the sentence of the Sports Court of Appeal we read that the acceptance of the black and white appeal was determined by a 12-minute delay in the report from the FIGC prosecutor’s office

The decision of the FIGC Sports Court of Appeal to reopen the Juventus curve for the match against Napoli, which had sent Inter into a rage, has very different reasons than those imagined. At the basis of the sentence there are in fact no arguments on the merits, but an error by the Public Prosecutor’s Office in the delivery of the documentation.

Delay

In the reasons for the sentence on the appeal that the Juventus club had presented after the closure of the first tier south Tribune decided by the Sports Judge following the racist insults against Lukaku, we read in fact that Juve: “requests the annulment of the Sports Judge’s decision for unusability of the Federal Prosecutor’s report – having been received after the deadline set by art. 62, paragraph 1, CGS, to be considered peremptory given the precise provision of art. 44, last paragraph, CGS – on the basis of which alone (not having the Race director reported nothing) the decision of the contested Sports Judge was founded”. And this was precisely the point accepted by the Court which writes that “the transmission of the federal prosecutor’s report took place at 2.12 pm on the weekday following the Juventus-Internazionale match and therefore beyond the (peremptory) deadline of 2.00 pm referred to in art. 62, paragraph 1, CGS”.

12 minutes

Twelve minutes of delay was decisive for the Court, also because it believes that “the reasons for the late transmission, represented by the Federal Prosecutor’s Office during the discussion, do not constitute an objective and absolute impediment such as to justify failure to comply with the peremptory deadline set by the Code”. The Public Prosecutor’s Office also sent the Court an “IT check on the failure to deliver an e-mail”, which however was not considered “suitable for demonstrating the objectivity and absoluteness of these alleged impediments”.

Lukaku and grace

Again with regard to the facts of the Coppa Italia match between Juve and Napoli, the appeal by Inter on the disqualification of Lukaku was instead rejected by the Court, then pardoned by President Gravina “in an exceptional and extraordinary way” to reaffirm the FIGC’s commitment to the fight against racism.

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