LA RESPONSABILITA' PENALE NELLO SPORT - TRA REALTA' E UTOPIA NELL'AMBITO DEL PUNIBILE

Sports represent excellent ambit of examining some issues related to criminalization. If the legislative intent is to proclaim the incidence of criminal punishment in specific sporting contexts, the typification of a conduct must be preceded by a reflection and a criminal-political discussion, regarding both the object of protection and its legitimacy, as well as the necessity of penal intervention. In this way, first of all is to determine the legal assets that deserve protection within the criminal field in sports. To solidify this premise, the criminal protection should fall only on the legal assets instrumentalized by constitutional norms which define fundamental rights and regardless any moral or ethical views. At second, beyond defining material legitimacy of Criminal Law with the ordination of legal assets, the Constitution also defines its formal legitimisation through the principle of legality. The formalization of a penal type, however, will require prior analysis of the relevance of the criminalization of certain behavior. To do so, it is imperative to work with some guidelines of criminal-policy, because they express the fundamental objectives in the Rule of Law and enhance the dignity of the human person as a value to be necessarily considered by the criminal law. After structuring both these bases, in sequence the thesis highlight the concept of sport and its possible criminal consequences. In this respect, essential the reading on the sports philosophy, yet not well known by penal law operators. The trilogy of the elements of the definition of sport is fundamental to understanding the solutions that justify certain areas of criminal impunity in sports, whether in its classical aspect, related to the conduct of sports violence, either in its modern aspect, related to the crimes of corruption, fraud and doping. All these criminal offenses will be sufficiently analyzed in the following chapters of the thesis