On Tuesday came the ruling on the Acerbi-Juan Jesus case: Napoli could try to appeal the sentence or react with a complaint to the Federal Prosecutor’s Office.
Even after the FIGC prosecutor’s ruling, the long and bitter case that saw Juan Jesus accuse Francesco Acerbi of racist slurs during Inter-Napoli does not seem to be over. There is talk of an appeal by Juan Jesus himself against the Nerazzurri (who was acquitted by Chiné).
Lawyer Enrico Lubrano also spoke about the situation. The lawyer tried to analyze what could be Napoli’s reactions after the disappointing ruling on the Acerbi-Juan Jesus case. Interviewed at the microphones of tvplay, the lawyer explained that the decision of the Giudice Sportivo states that there were offenses, but that it is not proven that these offenses had a racist content.
“There are two possible perspectives,” Lubrano continued. “The first is to appeal this decision under Article 71 of the sports justice system. The other is to be able to make a complaint to the Federal Prosecutor’s Office to have these offenses judged through the application of Article 4, i.e., sporting loyalty, and Article 39, serious unsportsmanlike conduct.” For Lubrano, it is the latter case that is the most viable.
“The sports judgment has an evidentiary standard similar to the criminal one,” the lawyer continued. “Parapenal principles always apply. When there are two conflicting statements, the sports judge has to assess whether this situation materializes serious, precise and concordant evidence. “
Case Acerbi-Juan Jesus: “Hypothesis complaint to the Federal Prosecutor’s Office or appeal “
According to Lubrano, Juan Jesus could also request an appeal. “The Giudice Sportivo considered that there were no serious indications. Usually, however, the favorable statement is favored over the person blamed. To understand what happened one would have to know the case files. There could be additional elements that could substantiate serious, precise and concordant clues. “
“These things could be evaluated in case there is an appeal,” the attorney explained. “The sport judge knows all the acts, while I don’t: I can’t talk about a book I haven’t read. I would give serious thought to the appeal. If I were Napoli or Juan Jesus I would also opt for a complaint to the Federal Prosecutor’s Office. Anything not to let it drop.”
According to Lubrano, the ruling is unsatisfactory. “You cannot be exonerated if you have peacefully admitted that you have made offenses. These offenses cannot be unpunished, even if they do not have racist content. “
