Pre-trial detention and mafia role: commentary on judgment no. 19848 of 2023
Judgment no. 19848 of March 28, 2023, filed on May 10, 2023, by the Court of Liberty of Palermo, represents an important reflection on pre-trial measures in criminal proceedings, particularly concerning individuals over seventy accused of holding a leading role within mafia associations. The case at hand concerns the defendant A. C., recognized as a mafia boss, whose pre-trial detention was maintained despite his advanced age.
Context of the decision
Pre-trial detention in prison is a legal instrument provided for by the Italian Code of Criminal Procedure, the objective of which is to guarantee public order and prevent further offenses. Article 275, paragraph 4, of the Code of Criminal Procedure establishes that, to maintain a pre-trial measure, exceptionally relevant needs must exist. In the specific case, the Court highlighted that, despite the defendant's advanced age, he continued to exert significant influence over the territory, ensuring a genuine mafia presence.
CHOICE OF MEASURES (CRITERIA) - Pre-trial detention in prison - Subject over seventy years of age - Exceptionally relevant precautionary needs - Role of mafia boss - Existence - Factual case. Regarding pre-trial detention in prison, exceptionally relevant needs exist within the meaning of art. 275, paragraph 4, of the Code of Criminal Procedure, for the purpose of maintaining the measure of imprisonment, against a subject over seventy years of age who is recognized as holding a leading and representative role within the territorial branch of a mafia association. (Factual case in which the Court noted that the appellant, despite his very advanced age, "ensured the territorial presence," being recognized as the point of contact for the territorial branch).
Implications of the judgment
This judgment represents a significant reference point in Italian jurisprudence regarding pre-trial detention, especially in relation to elderly individuals. The decision reaffirms that age is not a determining factor for excluding precautionary needs when dealing with organized crime, where the subject's role and influence can persist even in advanced age.
- Recognition of mafia role despite age
- Public safety needs prevail over age
- Possibility of maintaining pre-trial detention in cases of exceptional relevance
Conclusions
In conclusion, judgment no. 19848 of 2023 offers a clear interpretation of the rules on pre-trial detention, highlighting that the fight against the mafia knows no age limits. It is essential that the legal system continues to ensure effective preventive measures, especially when dealing with individuals who, despite their age, continue to represent a threat to public order and community safety.
