Former FIFA legal chief Ludovic Deléchat says Newcastle United can terminate Sandro Tonali's contract if they wish.
The former AC Milan midfielder has been suspended for ten months after placing illegal bets in Italy.
Delechat told TMW: "Although Newcastle could theoretically terminate Tonali's contract, there are financial, commercial and social considerations which mean that Newcastle should not terminate Tonali's contract for misconduct.
"From a financial perspective, they would still have to pay Milan their share remaining transfer fee and would also lose the value that Tonali was expected to bring to the club during his five-year contract. From a social perspective, contract termination based on Tonali's gambling addiction could alienate fans who show sympathy for his situation.
"It is logical to ask whether Newcastle should pay Tonali his full wages during his suspension, as he will not provide services to the club. Football clubs have disciplinary options, including fines, but there are restrictions on the severity of the fines. The fines which exceed two weeks of the player's basic salary require approval from the Professional Footballer's Association, with a strict maximum limit of six weeks' salary. Despite any disciplinary action, Tonali is likely to receive his full wages during the suspension."
On Newcastle taking legal action against AC Milan, Delechat said: "If it turns out that Milan had knowledge of Tonali's gambling addiction or of the investigation conducted by the Italian authorities, legal questions arise. Most transfer agreements include guarantees relating to the health and behavior of a player. Milan's knowledge of Tonali's problems could be considered a violation, making them potentially liable for compensation.
"However, proving such knowledge is very complicated and I don't think Milan risk anything in this matter. Any claim would require substantial evidence to satisfy the burden of proof in a court of law or arbitration action. Newcastle's case would depend on proving that Milan had sufficient knowledge of Tonali's gambling addiction or related investigations, and is very unlikely since my point of view.
"So you can expect that Newcastle will have to pay the remaining amount of the transfer in accordance with the agreements in force."
