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

Criminal Court, Section II, Judgment No. 22016 of 2019: Precautionary Measures and External Complicity in Mafia Association

The judgment No. 22016 of 2019 of the Court of Cassation represents an important reference point for Italian jurisprudence regarding precautionary measures and external complicity in mafia association. The Court, examining the appeal presented by N.R.G., addressed fundamental issues concerning the admissibility of evidence and the reasoning behind judicial decisions in the context of accusations for mafia-related crimes.

Context and Reasons for the Judgment

The case in question involves N.R.G., accused of external complicity in mafia association and attempted aggravated extortion. The Court examined the decision of the Catania Court, which had imposed the measure of house arrest with an electronic bracelet in place of pre-trial detention. This provision fits into a context of serious accusations, for which the assessment of precautionary needs is of crucial importance.

The Court reiterated that preliminary investigations must be conducted in compliance with the time limits established by law, and that every new entry in the register of news of crime triggers a new deadline for investigations.

The Defense's Arguments and the Court's Response

The defense of N.R.G. raised several objections regarding the inadmissibility of certain evidence, arguing that investigative acts conducted after the expiration of the deadline for preliminary investigations should be considered unusable. However, the Court stated that, in the case of permanent crimes like the one charged, investigations may continue beyond the original deadline, provided there are new and significant elements.

  • Investigative acts must be relevant and specific to the defendant's position.
  • The Court maintained that statements from collaborators of justice, if collected in appropriate contexts and with the right procedures, can be used to support the prosecution.
  • Merit judges are required to justify their decisions clearly and consistently, avoiding contradictions.

Legal Implications and Conclusion

The judgment of the Court of Cassation No. 22016 of 2019 underscores the importance of a correct interpretation of procedural norms in relation to the right of defense, especially in complex cases such as those of external complicity in mafia association. The decision highlights the need to balance the demands of justice with the rights of the defendants, ensuring that every precautionary measure is adequately justified and motivated.

In conclusion, the judgment offers points for reflection not only for lawyers involved in similar cases but also for legal practitioners in general, drawing attention to the necessity of a legal system that ensures fairness and transparency.