Commentary on Judgment No. 15429 of 2024: Extortion and Mafia Methods

The recent judgment No. 15429 of 2024, issued by the Court of Cassation, offers significant food for thought regarding the configuration of the crime of extortion in the presence of aggravating circumstances linked to membership in a mafia association. In particular, it analyzes the possibility of simultaneously applying the subjective aggravating circumstance provided for by art. 628, third paragraph, no. 3, of the Criminal Code and the objective one of art. 416 bis.1, in case of "silent" threat by a mafia associate.

Legal Context

The Court has established that, in matters of extortion, the subjective aggravating circumstance refers to the greater individual dangerousness of the perpetrator of the crime, while the objective aggravating circumstance emphasizes the intimidating capacity associated with the use of mafia methods. This means that the action of a person belonging to a mafia association can be punished more severely due to their conduct and the context in which they operate.

"Silent" threat committed by a person belonging to a mafia-type association - Configurability of the concurrence of the aggravating circumstance pursuant to art. 628, third paragraph, no. 3, of the Criminal Code, with that of the use of mafia methods provided for by art. 416 bis.1. - Existence - Reasons. In the context of extortion, the subjective aggravating circumstance, pursuant to art. 628, third paragraph, no. 3), of the Criminal Code, can concur with the objective one of the use of mafia methods, pursuant to art. 416 bis.1., when the offense is committed, with a "silent" threat, by a person belonging to a mafia-type association, given that the former circumstance is functional to sanction the greater individual dangerousness demonstrated by the associate who has committed the further offense, while the latter is aimed at punishing the greater intimidating capacity of conduct carried out through the evocation of the criminal capacity of the mafia association, and can also be carried out by those who are not associates.

Implications of the Judgment

This judgment represents an important reference point in Italian jurisprudence, as it clarifies how aggravating circumstances can coexist in a case of extortion linked to mafia dynamics. In this context, it is fundamental to consider that:

• The "silent" threat can be a particularly insidious means of coercion, capable of exerting strong psychological pressure on the victim.
• Membership in a mafia association not only increases the penalty for the crime of extortion but also introduces an element of greater intimidation, influencing social and relational dynamics in the context where the crime occurs.
• The judgment is part of an already established line of jurisprudence aimed at more effectively punishing illicit conduct related to organized crime.

Conclusions

In conclusion, judgment No. 15429 of 2024 by the Court of Cassation not only clarifies the coexistence of aggravating circumstances in cases of extortion by mafia members but also highlights the importance of firmly addressing the dynamics of intimidation and control that organized crime exerts on the territory. Jurisprudence continues to evolve in this area, emphasizing the need for a rigorous approach to ensure safety and social justice.