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Commentary on the Judgment of the Supreme Court, Criminal Section II, No. 3129 of 2024: Reflections on the Crimes of Extortion and Corruption

The recent judgment of the Supreme Court, Section II, No. 3129 of 2024, offers significant insights into the crimes of extortion and corruption, highlighting the complexity of the mafia phenomenon and its legal implications. In this article, we will analyze the main aspects of the decision, with particular attention to the grounds for appeal and the Court's arguments.

The Context of the Judgment

The Supreme Court partially reformed the judgment of the Court of Appeal of Milan, confirming some convictions and deeming the aggravating circumstances of mafia methods to be present. The judgment focused on several aspects, including:

  • Assessment of testimonial evidence and the necessity for a renewal of the proceedings.
  • The issue of the legitimacy of evidence and the admissibility of wiretaps.
  • The distinction between extortion and arbitrary exercise of one's rights.
The Court emphasized that, for the configuration of the crime of extortion, it is necessary to demonstrate the intent to obtain an unjust profit, which is different from a legitimate claim of a credit.

Analysis of the Grounds for Appeal

The appeal presented by the defendants raised issues of violation of law and flaws in reasoning. In particular, the lawyers contested:

  • The failure to renew the trial proceedings, which could have clarified the reliability of the evidence.
  • The legal qualification of the facts, contesting the configuration of extortion in the absence of clear evidence of threat.
  • The existence of the aggravating circumstance under Article 416-bis, in relation to the purpose of facilitating mafia activities.

Conclusions

The judgment No. 3129/2024 of the Supreme Court represents an important confirmation of the need for strict adherence to legal procedures and the correct qualification of crimes. It underscores the complexity of crimes related to mafia activities and the importance of jurisprudence that can interpret the norms with attention to the specificities of the concrete case. The legal discussion surrounding these issues will continue to be crucial for Italian criminal law.