Commentary on Judgment No. 34786 of 2023: The Mafia Method and its Legal Implications
Judgment No. 34786 of May 31, 2023, by the Court of Cassation, offers significant food for thought regarding the application of the 'mafia method' aggravating circumstance, provided for by Article 416-bis.1 of the Criminal Code. In this case, the Court reiterated how the implicit evocation of the intimidating force typical of mafia conduct can constitute this aggravating circumstance, especially in territories historically marked by the presence of mafia organizations.
Context of the Judgment
The case concerned an individual accused of usury, who operated in a context where the presence of a Camorra clan was notorious. The Court emphasized that, for the 'mafia method' aggravating circumstance to be established, it is sufficient for the individual to implicitly refer to the criminal power of the mafia consortium, which is recognized and feared by the community.
Aggravating circumstance under Art. 416-bis.1 of the Criminal Code - Use of the so-called "mafia method" - Conduct that implicitly evokes the intimidating force typical of mafia action - Sufficiency - Factual case. For the 'mafia method' aggravating circumstance, under Art. 416-bis.1 of the Criminal Code, to be established, it is sufficient, in a territory where a historical mafia organization is rooted, for the perpetrator to implicitly refer to the criminal power of the consortium, as such power is known to the community in itself. (Factual case relating to the crime of usury, in which the Court affirmed that the notorious belonging of the co-perpetrator to a historical Camorra clan, the unscrupulousness of the usurious requests from the defendants, and the use of expressions typical of mafia action, allowed the "mafia criminal method" to be considered established).
Legal and Jurisprudential Implications
This judgment is part of a legal landscape already rich with rulings, some in agreement and others in disagreement, which have interpreted the 'mafia method' aggravating circumstance in various ways. The Court, confirming previous trends, appears to aim at tightening the criteria for assessing mafia conduct, especially in relation to usury offenses. Among previous rulings, judgments No. 32 of 2017 and No. 19245 of the same year have already addressed similar issues, but the emphasis placed on the 'implicit' element makes this pronouncement particularly significant.
- Recognition of the intimidating force of mafia organizations.
- Need for a contextual assessment of conduct.
- Impact on future investigations and prosecutions in cases of usury and other crimes.
Conclusions
In conclusion, judgment No. 34786 of 2023 represents an important step in the fight against organized crime, confirming the centrality of the 'mafia method' aggravating circumstance. It provides more incisive legal tools to combat illicit behaviors that exploit the intimidating force typical of mafia organizations. It is crucial for legal professionals to carefully consider the implications of this judgment, both during the investigation phase and in court proceedings, to ensure a consistent and just application of criminal laws.
