Judgment No. 48448 of 2023: Clarifications on the Aggravating Factor of Membership in a Mafia Organization

The recent judgment No. 48448 of October 31, 2023, filed on December 5, 2023, provided an important clarification regarding the configurability of the aggravating factor of membership in a mafia organization in relation to property crimes, particularly extortion. This ruling by the Court of Cassation fits into a complex legal context and merits a thorough analysis to fully understand its implications.

The Legal Context of the Judgment

The Court declared inadmissible the appeal filed by A. G. regarding the configuration of the aggravating factor referred to in Article 628, third paragraph, no. 3, of the Penal Code. The central issue concerned the assessment of the agent's membership in a mafia organization. In particular, the Court established that it is not necessary for such membership to be confirmed by a final judgment; it is sufficient that the assessment occurred in the context of the merits ruling.

Analysis of the Maxim

Aggravating factor of membership in a mafia organization - Assessment - Final judgment - Necessity - Exclusion. For the configurability of the aggravating factor referred to in Article 628, third paragraph, no. 3, of the Penal Code, it is not necessary for the agent's membership in a mafia-type organization to be confirmed by a final judgment; it is sufficient that the assessment occurred in the context of the merits ruling in which the aforementioned aggravating factor applies.

This maxim clarifies a crucial aspect of Italian law, as it facilitates the application of the aggravating factor in situations where mafia membership has not been definitively established. This means that, for judges, it is sufficient that there is enough evidence and indications to consider that the accused is part of a mafia organization, without the need for a final conviction for such membership.

  • This interpretation aligns with Italian legislation, particularly with Article 416 bis of the Penal Code, which defines mafia organizations.
  • The ruling also reflects the principle of prevention typical of Italian criminal law, where the fight against the mafia is considered a priority.
  • Previous case law has supported this interpretation, as highlighted in judgments No. 26542 of 2009 and No. 33775 of 2016.

Conclusions

In conclusion, judgment No. 48448 of 2023 offers an important key to interpretation for legal practitioners and those dealing with extortion crimes linked to mafia contexts. The possibility of configuring the aggravating factor without a final judgment on mafia membership represents a significant measure in the fight against organized crime. It underscores the importance of timely intervention by judicial authorities in addressing phenomena of great social and legal relevance.

Bianucci Law Firm