Commentary on Judgment No. 15429 of 2024: Extortion and Mafia Method

The recent judgment No. 15429 of 2024, issued by the Court of Cassation, offers significant points of reflection regarding the configuration of the crime of extortion in the presence of aggravating factors related to membership in a mafia association. In particular, it analyzes the possibility of simultaneously applying the subjective aggravating factor provided for by Article 628, paragraph three, no. 3, of the Penal Code and the objective one of Article 416 bis.1, in the case of a “silent” threat made by a mafia affiliate.

The Legal Context

The Court established that, in matters of extortion, the subjective aggravating factor refers to the greater individual dangerousness of the author of the crime, while the objective aggravating factor emphasizes the intimidating capacity associated with the use of mafia methods. This means that the actions of an individual belonging to a mafia association may be punished more severely due to their conduct and the context in which they operate.

“Silent” threat committed by an individual belonging to a mafia-type association - Configurability of the concurrence of the aggravating factor referred to in Article 628, paragraph three, no. 3, of the Penal Code, with that of the use of mafia methods provided for by Article 416 bis.1. - Existence - Reasons. In matters of extortion, the subjective aggravating factor referred to in Article 628, paragraph three, no. 3, of the Penal Code, may coincide with the objective one of the use of mafia methods, as referred to in Article 416 bis.1, in cases where the crime is committed with a “silent” threat by an individual belonging to a mafia-type association, given that the first circumstance is functional to sanction the greater individual dangerousness demonstrated by the affiliate who has committed the additional crime, while the second aims to punish the greater intimidating capacity of conduct realized through the evocation of the criminal capacity of the mafia association, which can also be enacted by those who are not affiliated.

The Implications of the Judgment

This judgment represents an important reference point in Italian jurisprudence, as it clarifies how aggravating factors can coexist in a case of extortion linked to mafia dynamics. In this context, it is essential to consider that:

  • The “silent” threat can be a particularly insidious means of coercion, capable of exerting strong psychological pressure on the victim.
  • Membership in a mafia association not only increases the penalty for the crime of extortion but also introduces an element of greater intimidation, influencing social and relational dynamics in the context in which the crime occurs.
  • The judgment fits into an already established line of jurisprudence aimed at more effectively punishing illicit conduct related to organized crime.

Conclusions

In conclusion, judgment No. 15429 of 2024 from the Court of Cassation not only clarifies the coexistence of aggravating factors in cases of extortion by mafia individuals but also highlights the importance of firmly addressing the dynamics of intimidation and control that organized crime exerts in the territory. Jurisprudence continues to evolve in this area, emphasizing the need for a rigorous approach to ensure safety and social justice.

Bianucci Law Firm