Commentary on Judgment No. 15425 of 2022: Political-Mafia Electoral Exchange and New Evidence Required

Judgment No. 15425 of December 12, 2022, published on April 12, 2023, represents a significant intervention by Italian jurisprudence on the matter of political-mafia electoral exchange. The decision, issued by the Court of Liberty of Palermo, is part of the context of the amendments made to Article 416-ter of the criminal code by Law No. 43 of 2019, which introduced significant innovations in the definition and configurability of this crime.

The Crime of Political-Mafia Electoral Exchange

The crime of political-mafia electoral exchange occurs when an individual, affiliated with a mafia consortium, undertakes to procure votes for a political candidate in exchange for advantages or favors. The judgment in question establishes a fundamental criterion: to configure this crime, proof is required that the agreement between the parties contemplates the implementation or planning of vote procurement activities through mafia methods.

Crime of political-mafia electoral exchange - New wording of art. 416-ter of the criminal code following Law No. 43 of 2019 - Agreement with an affiliate acting "uti singulus" - Procurement of votes through the methods referred to in art. 416-bis, third paragraph, of the criminal code - Proof - Necessity. For the purpose of configuring the crime of political-mafia electoral exchange, under the text following the amendments introduced by Law No. 43 of May 21, 2019, where the individual who undertakes to recruit votes, despite being part of a mafia consortium, acts "uti singulus," proof is required that the agreement contemplates the implementation, or planning, of vote procurement activities using mafia methods.

Interpretation and Implications of the Judgment

This judgment offers an important key to understanding how Italian jurisprudence interprets regulatory changes. In particular, the concept of "uti singulus" implies that a mafia affiliate can act not only as a representative of an organization but also as an autonomous individual. Therefore, mere affiliation with a mafia consortium is not sufficient to configure the crime; it is necessary to demonstrate that the individual has taken concrete actions to procure votes in a mafia-like manner.

• Proof of a specific agreement is required.
• The individual must act autonomously and directly.
• The procurement methods must be of a mafia nature.

Conclusions

Judgment No. 15425 of 2022 is part of an evolving regulatory and jurisprudential framework that seeks to combat the phenomenon of mafia infiltration in politics. The indications provided by the judges of Palermo clarify that, to effectively prosecute crimes of electoral exchange, rigorous and concrete proof of the subjects' methods of action is fundamental. This approach not only protects the integrity of the electoral process but also represents a step forward in the fight against the mafia and its influences in the Italian political system.