Analysis of Judgment No. 51324 of 2023: The Mafia Method and the Silent Intimidatory Message

Judgment No. 51324 of October 18, 2023, issued by the Court of Catanzaro, raises relevant issues regarding the application of the aggravating circumstance of the mafia method in cases of extortion. In particular, it discusses the possibility of recognizing this aggravating circumstance even in the presence of a 'silent' intimidatory message, meaning one devoid of explicit demands. This issue is of fundamental importance for the fight against organized crime and for the protection of citizens' rights.

The Regulatory Framework

The Italian Penal Code, specifically Articles 629 and 416 bis, clearly defines the scope of the crime of extortion and the aggravating circumstance of the mafia method. Article 629, paragraph 2, specifies that extortion can be committed through violence or threat, while Article 416 bis establishes the configurability of the mafia as a criminal association. The judgment under review fits within this regulatory framework, delving into the ways in which the intimidating force of a criminal group can manifest even in the absence of direct acts of violence.

The Silent Intimidatory Message

The key passage of the judgment is the configurability of the aggravating circumstance even in cases of a 'silent' intimidatory message. As highlighted by the Court, this occurs when the criminal group has achieved such intimidating power as to make an explicit warning unnecessary. This implies that the mere presence of a group known for its illicit activities may be sufficient to create a climate of fear that deters victims from reporting or resisting.

Aggravating circumstance of the use of the mafia method - Silent intimidatory message – Configurability – Reasons. In matters of extortion, the aggravating circumstance of the mafia method is applicable even in the face of a "silent" intimidatory message, meaning one lacking an explicit demand, when the criminal group has achieved such intimidating power as to render a mafia warning, even an implicit one, or the recourse to specific violent or threatening behaviors, superfluous.

This maxim offers an innovative interpretation of the concept of intimidation, suggesting that the mere existence of mafia groups can constitute a sufficient factor of intimidation in itself. Consequently, in contexts where fear is widespread, victims may feel compelled to passively endure impositions without the need for explicit demands.

Conclusions

Judgment No. 51324 of 2023 represents an important step forward in Italian jurisprudence concerning the crime of extortion and the application of the aggravating circumstance of the mafia method. It highlights how the fear induced by a criminal group can have devastating effects on victims, even in the absence of direct acts of violence. For legal professionals and operators of the law, this judgment offers new insights for defense and prosecution, enriching the debate on how to effectively tackle organized crime in our country.