The judgment of the Court of Cassation no. 42651 of 2024 represents a crucial moment in the jurisprudence regarding mafia association and its implications in the electoral context. The Court addressed the case of A.A., accused of being involved in an electoral agreement with a Camorra clan, highlighting the methods through which organized crime seeks to influence political consultations. Let us analyze the main aspects of the ruling and its implications.
The crime referred to in Article 416-ter of the Penal Code, introduced by Law no. 43 of 2019, has significantly broadened the scope concerning promises of vote procurement by individuals belonging to mafia organizations. The Court confirmed that the mere involvement of a candidate with a mafia clan can constitute a basis for accusation, emphasizing how organized crime can take advantage of the absence of an adequate response from institutions to infiltrate the political fabric.
In the appeal, A.A.'s defense contested the existence of a mafia agreement, arguing that the methods of vote procurement were not directly traceable to the clan. However, the Court dismissed these arguments, underscoring that A.A.'s affiliation with clan B.B. - C.C. and the intercepted conversations constituted sufficient evidence to demonstrate her involvement. In particular, the Court referred to established jurisprudence, stating that a political-mafia agreement can also be inferred from circumstantial evidence, such as the criminal notoriety of the procurer and the subjugation to the intimidating force of the clan.
The decision of the Court of Cassation marks an important step towards strengthening the fight against organized crime, highlighting the need for a firm response from institutions.
In conclusion, the ruling no. 42651 of 2024 of the Court of Cassation not only confirms the importance of constant vigilance against organized crime but also provides a clear view of the methods through which mafia associations seek to infiltrate the political system. This decision underscores the crucial role of jurisprudence in ensuring the integrity of elections and protecting democracy.
The analyzed judgment represents an important contribution to the fight against the mafia in Italy, establishing legal principles that clarify and strengthen preventive and repressive measures against mafia infiltration in the electoral process. It is essential that institutions continue to work to ensure a political environment free from illicit influences.
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2012 reform 2018 41-bis A.A. abbreviated trial abnormal act abnormality abuse abuse of office abuse of power abusive occupation abusive practice accessory penalties accidents accountability accountant accounting accounting records acquittal act of property disposition active repentance administrative liability administrative sanctions administrator liability administrators adversarial system aggravated fraud aggravated homicide aggravating circumstances aggravating factor aggravating factors aiding and abetting alternative measures ancillary penalties annulment annulment without referral anti-mafia law antisemitism apology of fascism appeal Appeal to the Court of Cassation Appeal to the Supreme Court appeals appointment of defense counsel archiving armed conflict arrest art. 452-bis article 127 article 133 of the penal code article 41-bis asset liability asset protection assistance association attempted murder Attorney General attribution authority of the Prefect Awareness backdating banking law bankruptcy bankruptcy fraud bankruptcy law bankruptcy offenses bankruptcy trustee benefit betting beyond a reasonable doubt bid rigging board of auditors building abuse building bonuses building law building offenses burden of pleading burden of proof C.A. 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