Judgment No. 28061 of 2024: The Mafia Method Aggravating Circumstance in Robbery

The recent Judgment No. 28061 of May 22, 2024, issued by the Court of Cassation, offers important clarifications on the configurability of the aggravating circumstance for the use of the 'mafia method' in relation to robbery offenses. This legal pronouncement is part of a context of growing attention from authorities towards mafia-style crimes, seeking to define with greater precision the requirements necessary for the application of the aggravating circumstances provided for by the criminal code.

Context of the Judgment

In the case at hand, the Court addressed the question of whether professional, violent, and organized action can be sufficient to constitute the aggravating circumstance referred to in art. 416-bis.1 of the criminal code, which concerns the use of the 'mafia method'. The Court established that, although such elements are important, they are not sufficient in themselves to constitute the aggravating circumstance: the victim's awareness of the criminal activity originating from a mafia criminal context is also necessary.

Professional, violent, and organized action – Configurability of the aggravating circumstance under art. 416-bis.1 of the criminal code in the form of using the so-called 'mafia method' – Victim's awareness of the criminal activity originating from a mafia criminal context – Necessity. In terms of robbery, professional, violent, and organized action is not sufficient 'ex se' for the configurability of the aggravating circumstance of using the 'mafia method', as per art. 416-bis.1 of the criminal code, as the reasonable perception, even if only hypothetical, by the victim of the criminal activity originating from an organized mafia-type criminal context is necessary. (In its reasoning, the Court identified indicators capable of generating in the victim a more pronounced condition of reduced defense induced by the appearance of mafia-like action, with awareness of the presence of criminal associations in the relevant territory, explicit references to belonging or proximity to such associations, and the concrete coercive methods employed).

Implications of the Judgment

This judgment has important implications for Italian jurisprudence and the fight against organized crime. In particular, the Court highlighted the need for a concrete perception by the victim regarding the mafia origin of the criminal act, emphasizing that violent and organized behavior is not enough to trigger the aggravating circumstance. Legal operators must pay particular attention to the indicators that can lead the victim to believe they are facing mafia-like behavior.

• Presence of criminal associations in the territory
• Explicit references to mafia groups during the action
• Coercive methods used by the aggressor

Conclusions

In conclusion, Judgment No. 28061 of 2024 represents a significant step in defining aggravating circumstances related to robbery offenses. The necessity of the victim's awareness regarding the mafia origin of the crime is a key element that could influence future legal decisions. Authorities and lawyers must carefully consider these aspects when dealing with robbery cases that may involve elements of organized crime.