Commentary on Judgment No. 22614 of 2023: Extortion and Mafia Association

Judgment No. 22614 of February 16, 2023, published in May of the same year, offers important clarifications on the configurability of the aggravating circumstance in the crime of extortion committed in the interest of a mafia association. The central theme is the necessity of the simultaneous presence of more than one person at the time of the extortionate demand, a crucial aspect for proving the aggravating circumstance of multiple persons gathered.

The Ruling's Maxim

Extortion committed in the interest of a mafia-type association - Aggravating circumstance of multiple persons gathered - Configurability - Prerequisites - Factual scenario. In the crime of extortion committed in the interest of a mafia-type association, the simultaneous presence of not less than two persons, necessary to configure the aggravating circumstance of multiple persons gathered, must be identified in relation to the multiple moments in which the extortionate demand is made and the plurality of individuals who contact the victim, explicitly stating the collective nature of the demand originating from multiple subjects belonging to the criminal group.

This maxim highlights the importance of a contextual assessment of group dynamics in the crime of extortion. Extortion, in itself, is a crime provided for by Article 629 of the Criminal Code, which punishes anyone who compels a person to do or not do something, by threatening an unjust harm. However, when the crime is committed within the scope of a mafia association, as established by Article 416 bis of the Criminal Code, penalties can be increased, especially if it is proven that more than one person actively participated in the criminal action.

The Role of Plurality and Coordination

The Court emphasized that the presence of two or more people at a single moment is not sufficient; plurality must be assessed in relation to multiple moments of the extortionate demand. This means that the collective nature of the demand must clearly emerge and coordination among the members of the criminal group must be demonstrated. In this regard, some key aspects can be outlined:

• The presence of multiple extortionists during the various moments of the threat.
• Communication and coordination among the members of the mafia group.
• The plurality of contacts with the victim, who must perceive the collective nature of the threats.

In summary, the Court's interpretation highlights how a dynamic and contextual approach is fundamental for the configuration of the crime of extortion. Mere physical presence is not enough; a collective criminal design is necessary, making the belonging to an organized group evident.

Conclusions

Judgment No. 22614 of 2023 represents an important step forward in the fight against organized crime, clarifying how the presence of multiple people in the context of extortion is not just a formal element, but a necessary condition for the application of specific aggravating circumstances. This not only helps to ensure fairer justice for victims but also contributes to strengthening the effectiveness of investigations against mafia associations. It is crucial for legal professionals and law enforcement agencies to take these indications into account when prosecuting extortion offenses.