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 theme in the Italian legal landscape: the configurability of the crime of mafia-type association, as outlined in article 416-bis of the Penal Code, in territorial contexts different from those of origin of historical 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 involved the defendant P. G., and the Court decided to partially annul the sentence of the Court of Appeal of Turin dated October 3, 2022. The central question was whether, in the case of relocated mafia-type associations, proof of forms of externalization of intimidating force was necessary to configure the crime referred to in art. 416-bis. The Court established that such necessity is excluded, emphasizing that the intimidating force and the perception of it in the relevant territory can be inferred from the replication of the organizational model and the distinctive traits of the 'parent company.'

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 to counteract mafias that move and organize in different territories while maintaining a direct link with their origins. In other words, the intimidating force does not necessarily have to manifest itself through evident acts but can be inherent in the structure and organization of the group itself.

Mafia-type Association - Structures Established in a Territory Different from that of Origin of Historical Mafia - Forms of Externalization of Intimidating Force - Necessity - Exclusion - Reasons. In the case of relocated mafia-type associations, established outside the territories of origin of "historical mafias," the configurability of the crime referred to in art. 416-bis, penal code does not require necessary forms of externalization of the intimidating force, characteristic of the mafia association, as the intimidation power possessed and the tangible perception of it in the relevant territory, in terms of subjugation and silence, can be inferred from the replication of the organizational model and the distinctive traits of the "parent company," with which they maintain a close link.

Implications and Conclusions

This judgment has significant implications for the fight against mafias, as it recognizes the ability 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 pursue and combat such organizations. It is a step forward in the fight against organized crime, which requires constant attention and adequate regulatory and investigative support.

Bianucci Law Firm