External competition in mafia association: analysis of sentence no. 27722 of 2023

The sentence no. 27722 of April 28, 2023, issued by the Court of Cassation, represents an important reference point for case law regarding mafia association and external competition. In particular, the case in question involves a lawyer accused of providing legal assistance to a member of a mafia organization, significantly contributing to its operations. This decision reignites the debate on the role of legal professionals in the context of organized crime and the boundary between lawful and unlawful activities.

The concept of external competition

External competition in mafia association, as outlined in the sentence, refers to the conduct of those who, although not an integral part of the criminal organization, provide a contribution that helps maintain or strengthen the operational capabilities of the association. In this context, the Court established that the professional consulting activity carried out by the lawyer was suitable for facilitating the criminal program of the mafia association.

  • Legal consulting activities in financial operations
  • Acquisition of the formal ownership of a property
  • Immediate resale to a relative of the mafia boss
In terms of mafia-type association, the conduct of "external competition" includes the activity of the professional who provides a concrete, specific, and voluntary contribution suitable for preserving or strengthening the operational capabilities of the association, being aware that, in doing so, they favor the realization of the criminal program. (In this case, the Court found the existence of the crime against a lawyer who, in order to prevent the adoption of confiscatory measures against a high-ranking member of a mafia association in relation to a property that he was de facto the owner of, acquired its formal ownership with a sales contract and, on the same day, resold it to the brother of the mafia boss).

Legal and professional implications

The sentence has significant implications for the legal world. It emphasizes that legal consulting cannot be considered a neutral activity but must be analyzed in the context of the effect it produces on criminal dynamics. Lawyers, as professionals, have the responsibility to operate in a way that does not facilitate illegal activities but, on the contrary, contributes to the respect of the law. This raises questions about the need for greater vigilance and ethical training for legal professionals.

Conclusions

Sentence no. 27722 of 2023 serves as a warning for all legal professionals: their function must be exercised in compliance with the law, avoiding support for mafia organizations, even inadvertently. In a context where organized crime continues to pose a threat to society, it is essential that lawyers and legal professionals are aware of their role and the consequences of their actions.

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