The ruling of the Italian Supreme Court n. 47054 of 2021: analysis of external participation in mafia association

The ruling of the Supreme Court n. 47054 of 2021 represents an important decision regarding mafia association and, in particular, external participation. The case concerns C.A., accused of supporting the illicit activities of the A.-P. clan through his business in the funeral services sector. This article aims to analyze the reasons behind the ruling and its legal implications, providing a clear and comprehensible overview.

The context of the case and the accusations against C.A.

The Court of Review in Naples, with an order dated June 30, 2021, confirmed the house arrest for C.A., considering that there were serious indications of guilt. The charges were formulated under Article 416-bis of the Penal Code, which punishes mafia-type associations. The ruling highlights that the A.-P. clan operated with violent and intimidating methods, maintaining control over various economic sectors, including the funeral services sector.

  • Control of the territory by the A.-P. clan
  • Wiretaps as evidence of external participation
  • Recognition of the monopoly in the funeral services sector
The Court states that C.A.'s contribution to the clan was decisive for maintaining its operations in the funeral services sector.

The motivations of the Supreme Court

The Supreme Court deemed the grounds for appeal presented by C.A. unfounded. The judges emphasized that the evidence of the reciprocal agreement between the clan and the entrepreneur was clear, and that the payment of sums to the clan could not be considered a mere extorted payment, but rather a form of active collaboration. The Court, recalling established jurisprudence, reiterated that external participation implies a form of support for the clan's illicit activities, even in the absence of a formal link.

Legal implications of the ruling

This ruling fits into a complex legal context, where external participation in mafia association is a delicate and often controversial issue. The Court highlighted the necessity of a causal link between the entrepreneur's conduct and the strengthening of the clan's operational capabilities. This decision confirms the jurisprudential orientation according to which even an entrepreneur who is not part of the mafia organization can be considered guilty if he contributes to its strengthening.

Conclusions

The ruling n. 47054 of 2021 of the Supreme Court represents an important step forward in the fight against organized crime, further clarifying the contours of external participation in mafia association. It reiterates that any form of collaboration with mafia clans, even if disguised as legitimate economic activity, can lead to criminal liability. It is essential that economic operators are aware of the legal implications of their actions and the necessity to maintain a clear separation from mafia organizations.

Bianucci Law Firm