Commentary on Judgment No. 1791 of 2024: Criminal Association and Constituent Elements

Judgment No. 1791 of 2024, issued by the Court of Appeal of Naples, offers an important clarification on the notion of criminal association, emphasizing that to constitute such a crime, a hierarchical distribution of functions, nor the presence of a leader or organizer, is necessary. This aspect is crucial for understanding how Italian jurisprudence interprets the crime of association, and it fits within a regulatory context that requires careful analysis of criminally relevant conduct.

Constituent Elements of Criminal Association

The core of the judgment focuses on the definition of criminal association, referencing Article 416 of the Italian Criminal Code, which establishes that the material element of the crime consists of the association of three or more persons for the purpose of committing multiple offenses. The Court reiterated that a complex organizational structure is not required. In particular, it is highlighted that:

• The presence of a hierarchy among the members of the association is not mandatory.
• The existence of a leader or promoter is not necessary.
• The conduct of promoting, constituting, or organizing the association can constitute an autonomous and more serious criminal offense.

Reflections on the Ruling's Maxim

Hierarchical distribution of functions, subordinate relationships, presence of leaders - Necessity of such elements - Exclusion - Possible presence of individuals who promote, constitute, or organize the association - More serious and autonomous criminal hypothesis - Existence. The material element of the crime of criminal association consists of the association of three or more persons for the purpose of committing multiple offenses, without requiring a hierarchical distribution of functions, the existence of a subordinate relationship, and the presence of a leader or organizer, figures that the law, as well as the existence of promoters, founders, or organizers, considers as optional, constituting their conduct as an autonomous and more serious criminal offense.

This maxim represents a clear indication of the Court's position regarding criminal association. It highlights how, for the crime to be constituted, a complex structure is not necessary, but the joint action of several individuals with the intent to carry out a plurality of offenses is sufficient. This interpretation could have significant practical implications, especially in contexts where criminal associations operate in less visible and structured forms.

Conclusions

In conclusion, judgment No. 1791 of 2024 clarifies that criminal association does not require a rigid and hierarchical structure. This principle not only simplifies the interpretation of the crime but also offers an important key to understanding the repression of criminal associations. Knowing these details is essential for legal professionals and anyone dealing with legal matters in the criminal field.