Cass. Pen., Joint Sections, No. 8544 of 2020: The Foreseeability of Conviction in External Participation in Mafia Association

Judgment No. 8544 of 2020 by the Court of Cassation, Joint Sections, represents an important step in Italian jurisprudence concerning convictions for external participation in mafia association. This article analyzes the content of the judgment, highlighting the implications related to the foreseeability of conviction and the relationship with the judgments of the European Court of Human Rights (ECtHR).

The Legal Context of the Judgment

The Court of Cassation was called upon to respond to the question of whether the principles established by the ECtHR's Contrada judgment could be extended to similar cases, particularly regarding the foreseeability of convictions for the crime of external participation in mafia association. The Court reiterated that the ECtHR judgment does not have a general character, and therefore cannot be applied to situations other than those specifically addressed.

The ECtHR judgment in the Contrada case is not a pilot judgment and cannot be considered an expression of consolidated European jurisprudence.

The Criticisms Raised

One of the central issues that emerged from the judgment concerns the question of the foreseeability of conviction. The Court highlighted how legal disputes relating to the factual circumstances of external participation have not created a structural deficiency in the Italian legal system, thus justifying the impossibility of extending the principles of the Contrada judgment to cases not examined.

• The Court confirmed that jurisprudential evolution cannot in itself constitute sufficient grounds for invoking a violation of the principle of legality.
• It was emphasized that criminal liability must always be anchored to a clear normative and jurisprudential framework.
• The judgment reiterated the importance of an interpretation that respects fundamental rights, but not in an extensive manner with respect to situations not specifically examined by the ECtHR.

Conclusions

In conclusion, the judgment of the Court of Cassation No. 8544 of 2020 clarifies the limitations in applying the principles enunciated by the ECtHR in Italian legal contexts. The Court emphasized the importance of foreseeability in criminal law, highlighting that the lack of a clear norm and consolidated jurisprudential interpretation does not justify a retroactive application of new interpretations. This case underscores the importance of ensuring that criminal laws are accessible and understandable to all citizens, in order to avoid violations of fundamental human rights.