The ruling of the Supreme Court of Cassation, No. 57393 of December 19, 2018, provides an important opportunity for reflection on the dynamics of external competition in mafia association and the issue of ne bis in idem. In this case, the defendant was convicted for having facilitated, through his entrepreneurial activity, a mafia clan in the context of public contracts, raising questions about the validity of a previous acquittal judgment.
The appeal of P.G. concerned the sentence of nine years' imprisonment for external competition in mafia association and extortion. The defense contested the decision of the Court of Appeal of Catanzaro, which had confirmed the conviction, arguing the violation of the ne bis in idem principle:
The Court of Cassation reiterated that the identity of the conduct must be assessed not only based on the material object but also in relation to the specificity of the mafia association involved.
The Court explained that the ne bis in idem principle does not apply when it comes to different conduct that, while violating the same rule, presents distinctive elements. In this case, the diversity of the mafia clans involved and the territorial context justified the absence of preclusion. Furthermore, the Court highlighted that the motivation of the Court of Appeal's ruling was not lacking; rather, it provided a detailed analysis of the evidence and statements collected during the trial.
The ruling of the Cassation represents a significant reference point in Italian jurisprudence regarding external competition in mafia association. It underscores the importance of a careful and contextualized evaluation of conduct and the necessity of a solid and well-articulated motivation in merit judgments. Lawyers and legal practitioners should consider these principles in the management of mafia association cases, keeping in mind the complexity of such proceedings and the importance of respecting defensive rights.
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