Analysis of Judgment No. 51324 of 2023: The Mafia Method and the Silent Intimidation Message

The judgment no. 51324 of October 18, 2023, issued by the Court of Catanzaro, raises significant questions regarding the application of the aggravating factor of the mafia method in extortion cases. In particular, it discusses the possibility of recognizing this aggravating factor even in the presence of a 'silent' intimidation message, that is, one devoid of explicit requests. This issue is of fundamental importance for the fight against organized crime and for the protection of citizens' rights.

The Regulatory Context

The Italian penal code, particularly in articles 629 and 416 bis, clearly defines the contours of the crime of extortion and the aggravating factor of the mafia method. Article 629, paragraph 2, specifies that extortion can be committed through violence or threats, while article 416 bis establishes the configurability of the mafia as a criminal association. The judgment under review fits into this regulatory framework, deepening the ways in which the intimidating force of a consortium can manifest even in the absence of direct acts of violence.

The Silent Intimidation Message

The key point of the judgment is the configurability of the aggravating factor even in the case of a 'silent' intimidation message. As highlighted by the Court, this occurs when the consortium has reached an intimidating force such that the need for an explicit warning becomes superfluous. This implies that the mere presence of a consortium known for its illicit activities may be sufficient to create a climate of fear that discourages victims from reporting or opposing.

Aggravating factor of the use of the mafia method - Intimidation message in silent form – Configurability – Reasons. In matters of extortion, the aggravating factor of the mafia method is configurable even in the face of a "silent" intimidation message, as it lacks an explicit request, when the consortium has reached an intimidating force such that the mafia warning, even if implicit, becomes superfluous, that is, the recourse to specific violent or threatening behaviors.

This maxim offers an innovative reading of the concept of intimidation, suggesting that the mere existence of mafia consortia can constitute a sufficient intimidation factor in itself. Consequently, in contexts where fear is deeply rooted, victims may feel compelled to passively endure impositions without the need for explicit requests.

Conclusions

Judgment no. 51324 of 2023 represents an important step forward in Italian jurisprudence regarding the crime of extortion and the application of the aggravating factor of the mafia method. It highlights how the fear induced by a criminal consortium can have devastating effects on victims, even in the absence of direct acts of violence. For lawyers and legal practitioners, this judgment offers new insights for both defense and prosecution, enriching the debate on how to effectively tackle organized crime in our country.

Bianucci Law Firm