About “Mafia Capitale”. Some theoretical problems

Abstract

The investigation by the Roma Prosecutor named “Mafia Capitale” generated a political and journalistic debate on the possibility of framing the system of interests and behaviors accused by the magistrates in the specific case of the mafia association. Many people underlined especially the absence of a single hierarchical organization and the lack of a territorial control like that typically exercised by the mafia organizations on the areas of their traditional settlement. The article considers these critical approaches and outlines the theoretical and doctrinal foundations of the interpretative innovation made by the Roman Prosecutor, within the legal framework traced by the Rognoni-La Torre law.