Commentary on Judgment No. 44064 of 2024: Qualification of Organizer in Criminal Association

The recent judgment No. 44064 of October 23, 2024, issued by the Court of Cassation, offers an important reflection on the figure of the organizer in the context of criminal association. This ruling emphasizes how the qualification of organizer does not necessarily require a role of direct coordination of others' activities, but rather focuses on the ability to manage the use of association resources and structures for the realization of a criminal program.

Criteria for Identifying the Organizer

According to the judgment, the qualification of organizer belongs to whoever autonomously coordinates and manages the resources necessary for the implementation of a criminal project. This implies that the individual in question must:

• Oversee the coordination of association resources;
• Procure the necessary means for the implementation of the criminal program;
• Assume an essential and non-fungible role within the association.

It is interesting to note how the Court reiterates that it is not essential for the organizer to have tasks of direction or coordination with respect to other members of the association. This aspect is fundamental for understanding the variety of roles that can exist within a criminal organization and the responsibility of each individual.

The Ruling's Maxim

Qualification of Organizer - Criteria for Identification. In the context of criminal association, the qualification of organizer belongs to whoever autonomously oversees the coordination and use of association structures and resources, as well as procures the necessary means for the realization of the criminal program, undertaking an activity that assumes the characteristics of essentiality and non-fungibility, it not being necessary, instead, for the same person to also be invested with tasks of coordination and direction of the activities of other subjects.

This maxim represents an important guide for judges and legal practitioners, as it clarifies the boundaries and responsibilities related to the figure of the organizer. The distinction between an organizer and a mere participant in the association is crucial for determining criminal liability and any sanctions.

Conclusions

In conclusion, judgment No. 44064 of 2024 offers an important interpretation of the role of the organizer in the context of criminal association. The Court of Cassation, through this decision, not only clarifies the responsibilities related to this figure but also contributes to outlining a more precise legal framework regarding the phenomenon of criminal associations. It is essential for legal practitioners to consider these criteria in their work, to ensure the correct application of the law and fair justice.