Analysis of Judgment Cass. pen., Sec. II, no. 57393 of 2018: Extortion and External Complicity in Mafia Association

The judgment of the Supreme Court of Cassation, no. 57393 of December 19, 2018, offers an important opportunity for reflection on the dynamics of external complicity in mafia association and on the issue of ne bis in idem. In this case, the defendant was convicted for having facilitated, through his business activity, a mafia clan in the context of public contracts, raising questions about the validity of a previous acquittal judgment.

The case under review

The appeal by P.G. concerned the conviction to nine years of imprisonment for external complicity in mafia association and extortion. The defense contested the decision of the Court of Appeal of Catanzaro, which had confirmed the conviction, arguing the violation of the ne bis in idem principle:

• P.G. had already been acquitted in a similar case.
• The same conduct had been the subject of examination in another trial.

The Court of Cassation reiterated that the identity of the conduct must be assessed not only based on the material object but also in relation to the specificity of the mafia association involved.

Principle of ne bis in idem and reasoning

The Court explained that the ne bis in idem principle does not apply when dealing with different conduct that, while violating the same rule, presents distinctive elements. In this case, the diversity of the mafia clans involved and the territorial context justified the absence of preclusion. Furthermore, the Court highlighted that the reasoning of the Court of Appeal's judgment was not lacking, but rather had provided a detailed analysis of the evidence and statements collected during the trial.

Conclusions and final considerations

The Cassation judgment represents a significant reference point in Italian jurisprudence on external complicity in mafia association. It emphasizes the importance of careful and contextualized assessment of conduct and the need for solid and well-articulated reasoning in judgments on the merits. Lawyers and legal professionals should consider these principles in managing cases of mafia association, keeping in mind the complexity of such proceedings and the importance of respecting defense rights.