The Serie A sports judge has acquitted Francesco Acerbi of Juan Jesus' accusations of racist insults, due to lack of evidence.
ANSA learns this.
So no punishment for the player.
The Serie A sports judge, Gerardo Mastrandrea, has formalized the decision not to sanction Francesco Acerbi for the accusations of racist insults against Juan Jesus, as anticipated by ANSA.
According to the judge "in this case the minimum level of reasonable certainty regarding the certainly discriminatory content of the offense committed is not reached".
The choice is motivated by the fact that, even if Acerbi did not "disown" the offense, but its "discriminatory content ... without this calling into question the good faith" of Juan Jesus "appears to have been perceived by the "offended" footballer alone, without therefore the support of any external evidentiary evidence, be it audio, video or even testimonial"
This is the text of the sentence of the Sports Judge who, regarding the case of possible expressions of racial discrimination by the Inter player against the Napoli player Juan Jesus, decided "not to apply the sanctions provided for by art. 28 CGS against the footballer Francesco Acerbi (Soc. Internazionale). It was noted that the sequence of events on the pitch, reconstructed on the basis of official documents, with the help of the match director and in any case visible on video, necessarily starting from the clash of play and the the act of uttering some words by Acerbi towards Juan Jesus is certainly compatible with the expression of insults directed, however not blatantly (i.e. in such a way as not to be perceived by the other players on the pitch, by the officials match or by the representatives of the Prosecutor's Office on board the playing area), by the Inter player, and not ignored in their offensive and threatening tenor by the same "offender", whose discriminatory content however, without this being put into question discussion the good faith of the player of the Napoli club appears to have been perceived only by the "offended" player (Juan Jesus), therefore without the support of any external evidentiary evidence, be it audio, video or even testimonial;
It was also noted that discriminatory conduct, due to its intrinsic severity and intolerability, especially when it refers to the person's race, skin color or religion, must be sanctioned with the utmost severity in accordance with the Code of Sports Justice and the rules international sporting events, but it is nevertheless necessary, and a fortiori, that the imposition of such burdensome sanctions is correspondingly assisted by even a minimum amount of evidence, or at least by serious, precise and consistent evidence in order to reach a reasonable level in this regard. certainty (see for all Federal Court of Appeal, SS.UU., 11 May 2021, n. 105);
Noting that in this case the sequence of events and the context of the behaviors is theoretically compatible also with a different reconstruction of the facts, the proof of the offense having certainly been achieved but the seriously discriminatory content remaining confined to the words of the offended subject, without no further external evidential and circumstantial support, direct or indirect, even of a testimonial nature;
Therefore, considering that in this case the minimum level of reasonable certainty regarding the certainly discriminatory content of the offense committed is not reached"
Reproduction reserved © Copyright ANSA