Associated crimes and responsibilities of entities: thoughts on the sidelines of research

Abstract

Bocconi University’s research analyzed the criminal proceedings started with respect to the crime of mafia-type association in Milan from 2000 to 2015. It also monitored the functioning of the intersection between this crime, as per sec. 416-bis of the Criminal Code, and corporate criminal liability, and found out that Milan’s Court has been making a very limited use of sec. 24-ter of law decree 231/2001 so far. After some remarks on the confiscation of profits deriving from the crimes of criminal association, the paper highlights that from a legal standpoint these crimes are hardly compatible with the concept of “interest/advantage” requested by law decree 231/2001 in order to establish the entity’s liability, and from a factual point of view that it’s difficult to assess the effects of mafia’s penetration into companies, since the entities involved often look favored and strangled at the same time.

Key words: mafia-type association; ‘ndrangheta; infiltration; confiscation; law decree 231/2001