13 Nov participation in mafia association

The conduct of participation in a mafia-type association is embodied in the permanent insertion of the agent in the organizational structure of the association. Such insertion must prove suitable, for the characteristics assumed in the specific case, to give rise to the 'making available' of the association itself, for the pursuit of common criminal purposes. In such a perspective, in compliance with the principle of materiality and offensiveness of the conduct, the 'ritual affiliation' may constitute a serious indication of the conduct of participation in the association, where, however, it results, on the basis of consolidated and proven maximum experience and in the light of the contextual elements that prove its seriousness and effectiveness, the expression not of a mere manifestation of will, rather, a mutually binding and productive agreement of a permanent contribution offer between the affiliate and the association (Cass. SS.UU. 36958/21).