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Commentary on the Judgment of the Supreme Court Criminal Section No. 18132 of 2016: Reflections on Mafia-Type Associations and Preventive Measures

The judgment No. 18132 of 2016 by the Supreme Court represents an important ruling regarding mafia-type associations and preventive measures. In this article, we will analyze the key points of the decision, with particular attention to the issue of intent and the reasoning of the Court of Review in Catanzaro.

The Legal Proceedings

The Supreme Court ruled on an appeal by the Public Prosecutor against an order of the Court of Review in Catanzaro, which had rejected the request for the application of preventive detention against T. M., investigated for mafia association. The Court had deemed the serious indications of guilt to be non-existent, despite recognizing the existence of conduct that was criminally relevant.

Intent must be proven through an inductive process that considers the analysis and evaluation of indications, without falling into mechanical and a priori assessments.

Intent and Its Demonstration

A crucial aspect of the judgment is the issue of intent, which must be proven inductively. The Court emphasized that direct intent does not necessarily imply the will to participate in the mafia association but requires awareness of one's conduct and its consequences. The Court of Review, while recognizing the conduct objectively attributable to the mafia association, mistakenly assessed the intent, stating that T. M. acted out of personal interests and not to strengthen the mafia clan.

Legal Implications

  • The judgment underscores the importance of a comprehensive evaluation of the indications, avoiding a fragmented analysis.
  • It is necessary to consider the maxims of experience related to organized crime and its functioning.
  • The Court must revise its reasoning in light of the legal principles laid down by the Supreme Court.

Conclusions

The judgment No. 18132 of 2016 offers important insights into the proof of intent in the context of mafia association. The Supreme Court has drawn attention to the need for a unitary evaluation of the indications and the importance of the maxims of experience. Upon remand, the Court will have to reconsider the issue in light of these principles, ensuring a correct application of the law and fair justice.