Analysis of Judgment No. 51659 of 2023: Political-Mafia Electoral Exchange

The judgment no. 51659 of November 17, 2023, by the Court of Cassation represents an important milestone in Italian jurisprudence regarding crimes against public order, particularly concerning the crime of political-mafia electoral exchange, as outlined in Article 416-ter of the Penal Code. This judgment clarifies the necessary conditions for a behavior 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 provision offered in exchange for votes is not limited to money, but can also include goods 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 establishes a clear boundary between what is considered illegal exchange and what is not.

  • Money and immediately quantifiable goods
  • Exclusion of utilities that can only be monetized indirectly
  • Case concerning the change of urban planning destination

The Concrete Case Examined by the Court

In the case at hand, the Court excluded that the utility could arise from the change of urban planning destination of a plot of land, aimed at allowing the local parish to create a soup kitchen for the poor. In this instance, it could not be demonstrated that the defendant had benefited from a direct economic advantage from such action. This decision further clarifies the limits of the norm, indicating that acts of social benevolence, while commendable, cannot constitute an object of illegal exchange for the purposes of Article 416-ter.

Political-mafia electoral exchange - Material object of the exchange - Notion - Case. For the configurability of the crime of political-mafia electoral exchange as per Article 416-ter of the Penal Code, the material object of the provision offered in exchange for the promise of votes may consist not only of money but also of goods that can be translated into immediately quantifiable exchange values in economic terms, such as means of payment other than cash, valuables, securities, or financial instruments, while other "utilities," which can only be monetized indirectly, remain excluded from the prescriptive content of the incriminating norm. (Case in which the Court excluded that the utility could be found in the change of urban planning destination of a plot, aimed at allowing the local parish to create a soup kitchen for the poor, from which no economic advantage accrued to the defendant).

Conclusions

In conclusion, the 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 applicability of the norm and clearly distinguishes between illegal 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 norms, to ensure that criminal law is not used arbitrarily, but serves to protect the integrity of the democratic system.

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