Abstract
This work examines the legal framework, doctrinal evolution, and jurisprudential developments surrounding Article 416‑bis of the Italian Criminal Code, with particular attention to the constitutive elements of mafia‑type associations and their contemporary transformations. It analyses the interpretative models elaborated by courts and scholars, the emergence of ‘relocated’ and ‘new’ mafias, and the scope of aggravating circumstances connected to mafia‑related behaviour. The study also explores the complex issue of external participation, highlighting the criteria established by case law for assessing contributory involvement in mafia associations.
April, 8 2026.
Judicial Cooperation, Security, Defence & Migration