• via Alberto da Giussano, 26, 20145 Milano
  • +39 02 4003 1253
  • info@studiolegalebianucci.it
  • Criminal Lawyer, Family Lawyer, Divorce Lawyer

Analysis of the Judgment of the Court of Cassation No. 26589/2018: External Participation in Mafia Association

In the context of the fight against the mafia, the judgment of the Court of Cassation No. 26589/2018 has generated considerable interest, especially regarding external participation in mafia association. This ruling focused on two defendants, V.S. and M.L., and highlighted the evidentiary challenges and legal principles governing the conduct of aiding mafia clans.

The Case

V.S. was convicted of external participation in a mafia association for having provided support to the mafia clan P.-V., while M.L. was accused of personal aiding. The Court of Appeal of Reggio Calabria had upheld the convictions, but the defense attorneys appealed to the Court of Cassation, contesting the use of evidence and the reasoning of the judgment.

The Court emphasized that the punishability for external participation requires proof of a specific and conscious causal contribution to the maintenance of the mafia organization.

Main Legal Issues

  • The relevance of the evidence: The Court examined whether the video recordings and testimonies were sufficient to demonstrate the defendants' responsibility.
  • The concept of external participation: It was clarified that the act of aiding must be directed towards favoring the mafia association and not just the family members.
  • The role of minors: It was emphasized that the conduct of a minor must be assessed in light of their personal situation and family context.

Conclusions

The judgment of the Court of Cassation No. 26589/2018 represents an important legal precedent, clarifying that external participation in mafia association cannot be inferred from everyday behaviors, but requires a concrete and conscious causal link with mafia activities. This ruling encourages reflection on the importance of evidence and reasoning in judicial decisions, especially in sensitive contexts involving minors.