Analysis of Judgment No. 51659 of 2023: Political-Mafia Electoral Exchange
Judgment No. 51659 of November 17, 2023, by the Court of Cassation represents an important milestone in Italian jurisprudence concerning crimes against public order, particularly regarding the crime of political-mafia electoral exchange, as defined by Article 416-ter of the Criminal Code. This judgment clarifies the necessary conditions for conduct to be considered criminally relevant in this specific context.
The Legal Context of Political-Mafia Electoral Exchange
According to the Court, the material object of the benefit offered in exchange for votes is not limited to money but can also include assets that can be translated into immediately quantifiable economic values. However, the judgment also establishes that "utilities" that can only be monetized indirectly are excluded. This aspect has attracted particular attention, as it draws a clear line between what is considered illicit exchange and what is not.
- Money and immediately quantifiable assets
- Exclusion of indirectly monetizable utilities
- Case concerning changes in urban planning designation
The Specific Case Examined by the Court
In the case under review, the Court ruled out that the utility could derive from the change in urban planning designation of a plot of land, intended to allow the local parish to build a soup kitchen for the poor. In this instance, it could not be proven that the defendant had benefited economically directly from such an action. This decision further clarifies the limits of the provision, indicating that acts of social benevolence, while commendable, cannot constitute an object of illicit exchange for the purposes of Article 416-ter.
Political-mafia electoral exchange - Material object of exchange - Notion - Case. For the purpose of establishing the crime of political-mafia electoral exchange under Art. 416-ter of the Criminal Code, the material object of the benefit offered in exchange for the promise of votes may consist not only of money but also of assets translatable into exchange values immediately quantifiable in economic terms, such as means of payment other than currency, valuables, securities, or negotiable instruments, while other "utilities," capable of being monetized only indirectly, are excluded from the prescriptive content of the criminal provision. (Case in which the Court ruled out that the utility could be found in the change of urban planning designation of a plot of land, intended to allow the local parish to build a soup kitchen for the poor, from which the defendant derived no economic advantage).
Conclusions
In conclusion, judgment No. 51659 of 2023 by the Court of Cassation serves as an important reference point for the interpretation of the crime of political-mafia electoral exchange. It clarifies the boundaries of the provision's applicability and clearly distinguishes between illicit exchanges and acts of charity, highlighting the importance of careful and contextualized analysis of legal situations. This reinforces the need for a rigorous interpretation of criminal laws, to ensure that criminal law is not used arbitrarily but serves to protect the integrity of the democratic system.
