04 Jun measures of prevention and judicial control of the company

While in the hypothesis of prescriptive judicial control by public initiative (ex art. 34 to d.lgs. 159/11) the assessment of the prerequisite of the concrete danger of mafia infiltration, suitable to condition economic activities and companies, it is reserved exclusively for the prevention judge – since it is a measure requested on a public initiative as a function of prescriptive control – in the case of voluntary judicial control, provided for by art. 34, co. 6, d.lgs. 159/11, this assessment must take into account the preventive measure of an administrative nature. In the latter case, therefore, the knowledge of the Judge invested in the request for 'voluntary' judicial control does not include the prerequisite of the existence of the concrete danger of mafia infiltration capable of affecting the activity and the company, not being able to disregard the assessment already carried out in this regard in the administrative field. For the effect, the verification entrusted to the competent Court in the matter of prevention measures runs along the following two lines: 1) the occasional nature of the facilitation that the free development of economic activity can determine in the subjects referred to in paragraph 1 d.lgs. 159/11; 2) the concrete possibility of the company itself to re-align itself with the economic context of legality, freeing itself from the conditioning of mafia infiltrations. The Judge of prevention is, therefore, required to evaluate, in prognostic terms – on the basis of the pathological data acquired from the administrative assessment with the interdictive anti-mafia information – if the judicial request for 'company remediation' is possible, as the facilitation of the subjects referred to in art. 34, co.1, d.lgs. 159/11 is to be considered occasional, excluding this occurrence, therefore, in the case of chronic mafia infiltration (Cass. 30168/21).