06 Apr exchange vote
The political-mafia exchange vote is a crime provided for by article 416-ter of the penal code. It was established to sever the illicit links between politics and organized crime. Punishes with imprisonment from 10 a 15 years the person who accepts the promise of votes obtained through intimidation or force given by belonging to a criminal group (the so-called "mafia methods") or the promise made by members of mafia associations. This agreement can be made directly or through intermediaries.
Everything must take place in exchange for "the provision or promise of provision of money or any other benefit or in exchange for the willingness to satisfy the interests or needs of the mafia association", it is written in the penal code. The same punishment (10-15 years) it is also foreseen for those who promise and procure votes, always directly or through intermediaries.
Article 416-ter of the penal code was introduced after the attack on 23 May 1992 in Capaci where judge Giovanni Falcone died, the wife and the escort. On 8 June the law decree was launched (called “super anti-mafia decree”) signed by the Ministers of Justice Claudio Martelli and Interior Minister Vincenzo Scotti regarding the "urgent changes to the new code of criminal procedure and measures to combat mafia crime". It was passed into law on 7 following August, a few weeks after the massacre in Via d'Amelio and the killing of judge Paolo Borsellino.
The objective of the “super decree”, which would resume some reforms proposed by Falcone, it was to create a "scorched earth" around the mafias by extending the control of the judiciary to the connections with politics. It provided for the strengthening of some tools in the fight against the mafia. On a regulatory level, it has made some changes to article 416-bis of the penal code (mafia-style criminal association) introducing among the "typical purposes" of the mafia that of "preventing or hindering the free exercise of the vote or procuring votes for oneself or others during electoral consultations". It also toughened the penalties for crimes of electoral corruption and electoral coercion and introduced article 416-ter into the penal code, precisely.
The law on political-mafia exchange votes has been reformed on some occasions:
In 2009 administrative sanctions have been introduced for entities (understood as legal persons, companies or associations, not as public bodies) beneficiaries of the advantages produced by the crime committed by one of their representatives, administrator or manager. In this case the entities suffer "a financial penalty of between four hundred and one thousand quotas". They also risk interdictory measures (for example the ban from carrying out the activity; the suspension or revocation of authorizations; the ban on contracting with the public administration; exclusion from public funds and more) not less than one year or permanent ban from activity;
In 2014 the reform changed various aspects. Between these:
- Exchange is no longer based only on the exchange of money, but the concept of "other utility" is introduced;
- Anyone who promises to procure votes also contributes to the crime (promising) and not just the "promissory", that is, the candidate or anyone acting in his interest;
- The sentence is reduced: imprisonment from 7 a 12 years switches to the range between 4 and i 10 years.
These new things, however, they were difficult to apply and the Supreme Court gave different interpretations. Changes were needed.
In 2017 the sentence was changed: from a minimum of 6 to a maximum of 12 years;
In the spring 2019, close to the electoral campaign for the European elections and the vote, the M5s-Lega majority parliament has approved a new reform on the proposal of Senator Mario Michele Giarrusso.
The penalties have been toughened and equated to those provided for the crime of mafia association (and 6-12 years a 10-15 years);
It is specified that exchanges that take place through intermediaries are also punished;
If the candidate who accepted the promise of votes is elected in the "relative electoral consultation", the sentence is increased by half. You can reach a maximum of 22 and a half years in prison.