External Complicity in Mafia Association: Analysis of Judgment No. 33749 of 2023

The recent judgment No. 33749 of April 27, 2023, by the Court of Cassation has generated considerable interest among legal professionals, particularly concerning the crime of external complicity in mafia-type association. This decision, in fact, provides important guidance on the nature of this offense, considered potentially ongoing, and on the collusive dynamics that can occur between the individuals involved and the mafia association.

The Legal Context of External Complicity

External complicity in mafia association, governed by Article 416-bis of the Penal Code, occurs when an external party participates, even indirectly, in the activities of the mafia organization, thereby contributing to its operations. The judgment under review clarifies that external complicity can be configured as an offense of a potentially ongoing nature, as the illicit conduct can continue over time, depending on the stability of the relationships established between the defendant and the mafia association.

Mafia-type association - External complicity - Nature - Potentially ongoing offense - Factual circumstances. External complicity in mafia-type association is an offense of a potentially ongoing nature. (In its reasoning, the Court specified that even a political-mafia pact aimed at "votes for favors," like other collusive relationships that may arise between the external accomplice and the association to obtain mutual benefits, can lead to an occasional and limited relationship, if referring to a single electoral competition, or to more stable and continuous reciprocal forms over time).

Implications of the Judgment

This judgment carries several practical implications. Firstly, the Court highlighted how collusive relationships can take various forms: from a simple exchange of favors in electoral contexts to more structured and continuous relationships. This implies that even a single interaction between a politician and a mafia organization can constitute the crime of external complicity, provided it is demonstrated that such interaction had a real impact on the association's activities.

• Reciprocal relationships can be temporary or continuous in nature.
• Political-mafia pacts can manifest in various ways, affecting political operations.
• It is crucial to assess the stability of the relationship to configure the crime of external complicity.

Conclusions

Judgment No. 33749 of 2023 represents a significant step in Italian jurisprudence concerning external complicity in mafia association. It clarifies not only the potentially ongoing nature of this offense but also the ways in which relationships between the external accomplice and the mafia organization can manifest. This clarification is crucial for the fight against the mafia, as it allows for a better categorization of illicit behaviors in both political and social contexts, contributing to a more effective repression of organized crime.