Analysis of Judgment No. 14403 of 2024: Mafia-type Association and the Concept of Intimidating Force

The recent judgment No. 14403 of January 30, 2024, issued by the Court of Cassation, addresses a crucial issue in the Italian legal landscape: the configurability of the crime of mafia-type association, under Article 416-bis of the Penal Code, in territorial contexts different from the historical origins of mafias. This ruling represents a significant reference point for jurisprudence, clarifying relevant aspects related to the intimidating force of mafia associations.

Context and Significance of the Judgment

The case concerned the defendant P. G., and the Court decided to partially annul the judgment of the Court of Appeal of Turin of October 3, 2022. The central question was whether, in cases of delocalized mafia-type associations, proof of forms of externalization of intimidating force was necessary to configure the crime under Art. 416-bis. The Court ruled that this necessity is excluded, emphasizing that the intimidating force and its perception in the relevant territory can be inferred from the replication of the organizational model and the distinctive traits of the 'parent organization'.

The Concept of Intimidating Force

The judgment clarifies that the absence of visible forms of intimidation does not preclude the configurability of the crime. This is fundamental for combating mafias that move and organize in different territories, while maintaining a direct link with their origins. In other words, intimidating force does not necessarily have to manifest through evident acts, but can be inherent in the structure and organization of the group itself.

Mafia-type association - Branches established in a territory different from the historical mafia's origin - Forms of externalization of intimidating force - Necessity - Exclusion - Reasons. In cases of delocalized mafia-type associations, i.e., those established outside the territories of origin of "historical mafias," the configurability of the crime under Art. 416-bis of the Penal Code does not require necessary forms of externalization of the intimidating force that characterize the mafia association, as the possessed intimidating force and its tangible perception in the relevant territory, in terms of subjugation and omertà, can be inferred from the replication of the organizational model and the distinctive traits of the "parent organization," with which they maintain a close link.

Implications and Conclusions

This judgment has significant implications for the fight against mafias, as it recognizes the capacity of mafia associations to operate and intimidate even far from their historical territories. Therefore, Italian jurisprudence adapts to the new social and organizational realities of mafias, providing more effective tools to prosecute and combat such organizations. It is a step forward in the fight against organized crime, which requires constant attention and adequate legislative and investigative support.