External Complicity in Mafia Association: Analysis of Judgment No. 27722 of 2023

Judgment No. 27722 of April 28, 2023, issued by the Court of Cassation, represents an important benchmark for jurisprudence on mafia association and external complicity. In particular, the case at hand involves a lawyer accused of providing legal assistance to a member of a mafia organization, contributing significantly to its operations. This decision reignites the debate on the role of legal professionals in the context of organized crime and the boundary between lawful and unlawful activities.

The Concept of External Complicity

External complicity in mafia association, as outlined in the judgment, refers to the conduct of someone who, while not an integral part of the criminal association, provides support that helps maintain or strengthen the association's operational capabilities. In this context, the Court established that the professional consulting activity carried out by the lawyer was capable of facilitating the mafia association's criminal program.

• Legal consulting activities in financial operations
• Acquisition of formal ownership of a property
• Immediate resale to a relative of the mafia boss

In the context of mafia-type association, the conduct of a professional who provides a concrete, specific, and voluntary contribution capable of preserving or strengthening the association's operational capabilities, with the awareness of thereby favoring the realization of its criminal program, constitutes "external complicity." (Case in which the Court found the existence of the crime concerning a lawyer who, in order to prevent the adoption of confiscatory measures against a top exponent of a mafia association in relation to a property of which he was the de facto owner, acquired formal ownership through a sales contract and, on the same day, resold it to the mafia boss's brother).

Legal and Professional Implications

The judgment has significant implications for the legal world. It emphasizes that legal advice cannot be considered a neutral activity but must be analyzed in the context of the effect it produces on criminal dynamics. Lawyers, as professionals, have a responsibility to operate in a way that does not facilitate illicit activities but, on the contrary, contributes to the observance of the law. This raises questions about the need for greater oversight and ethical training for legal professionals.

Conclusions

Judgment No. 27722 of 2023 serves as a warning to all legal professionals: their function must be exercised in compliance with the law, avoiding the provision of support to mafia organizations, even if unintentional. In a context where organized crime continues to pose a threat to society, it is crucial that lawyers and legal professionals are aware of their role and the consequences of their actions.