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The external competition in mafia association: analysis of the ruling Cass. pen., Sez. V, n. 18256 of 2019

The ruling of the Court of Cassation n. 18256 of 2019 has sparked a heated debate regarding external competition in mafia associations, highlighting the mechanisms of mafia infiltration in the business world. In the case at hand, the Court confirmed the responsibility of A.M. and S.F., entrepreneurs accused of having contributed to the strengthening of a mafia association through illicit practices such as overbilling and bribery.

The context of the ruling

The Court of Appeal of Messina had already convicted the two entrepreneurs for external competition in mafia association, as they had acted as intermediaries between the public works contractor and the local mafia clan. The judges emphasized that the defendants' behavior aimed to facilitate the payment of bribes through the overbilling of works, generating illicit profits for the mafia association.

The arguments of the defense and the Court

The defense attorneys raised numerous objections, challenging the reliability of the statements made by the collaborators of justice used as primary evidence. However, the Court deemed such statements consistent and credible, emphasizing that the reliability of the collaborators was not compromised by any contradictions that emerged in other proceedings.

The Court highlighted that the role of colluding entrepreneurs was thoroughly reconstructed based on the consistent statements of the collaborators of justice.
  • Criminal responsibility for external competition in mafia association
  • Mechanisms of overbilling and bribery
  • Assessment of the reliability of the statements of collaborators of justice

Implications and final considerations

This ruling represents an important precedent in the fight against the mafia, highlighting how mafia infiltration in the business world can occur even through seemingly lawful entrepreneurial practices. The decision of the Court of Cassation strengthens the idea that criminal responsibility for external competition in mafia association is not limited to those who are active members of the association but also extends to those who facilitate its operations, contributing to its illicit goals.

Conclusions

In conclusion, the ruling n. 18256 of 2019 of the Court of Cassation represents a fundamental step in defining criminal responsibility in cases of external competition in mafia association. It underscores the importance of a thorough analysis of the evidence and the context in which mafia dynamics develop, contributing to a better understanding and application of the laws against organized crime.