aggravating the mafia method

L’art. 7 of D, L. 152/1991 provides an aggravation of the penalty for the crimes committed under the conditions provided for in Article 416bis C.P., which incriminates the mafia-type associations, including foreign, or committed in order to facilitate the activities of these associations.

The provision in question is split, therefore, two distinct hypotheses although logically connected: the first, to objective one, occurs when the agent commits a crime with mafia method, putting in place a suitable conduct to exert a particular psychological coarctation, even on an indeterminate number of persons, with the characters their intimidation caused by the criminal organization of the species considered; the second, subjective type, It is embodied in the specific desire to promote or facilitate, with crime in the place to be, the activities of the group that, thus postulating that the offense is committed for the specific purpose of facilitating the activities of a mafia-type, necessarily implies the real existence and not this supposed.

The aggravating – special effect, since under it the penalty is increased by a third to a half – It is configurable with respect to any crime, Non punished with life imprisonment, realized through a pipeline that will reconnect the deed to the intimidating power resulting from the associative group of mafia, regardless of the fact that the subject agent is part or not of the mafia association.

The aggravating in art. 7, in both forms provided by the Law, It is also configurable with respect to offenses – end committed by members of the criminal association, and also when the crime that is being accessed is concurrent with that of Article. 416 to c.p. .