Italy has one of the most developed legal frameworks against organized crime in the world. Its tools affect not only criminal groups but also businesses, property owners and witnesses, so it is worth understanding how they work.
Mafia-type association
Article 416-bis of the Criminal Code makes membership of a mafia-type association a specific offence. What defines such an association is the use of intimidation, and the resulting subjection and silence (omertà), to commit crimes or gain control of economic activities, contracts or public services.
Following the money: seizure and confiscation
The Antimafia Code (Legislative Decree 159/2011) allows assets to be seized and confiscated as preventive measures, even independently of a criminal conviction, when they are disproportionate to declared income or appear to derive from unlawful activity. Confiscated assets can be reused for public and social purposes.
Owners and third parties, such as banks holding a mortgage, can take part in these proceedings to protect their rights, so legal advice early on is essential.
Checks on businesses
Companies dealing with public administrations can be subject to antimafia documentation. A prefect's interdictive notice (interdittiva antimafia) can exclude a company from public contracts if there is a risk of infiltration, and can be challenged before the administrative courts. In certain high-risk sectors, businesses can register on the prefecture's white list.
Protection for witnesses and victims
People who give evidence about organized crime, including victims of extortion and usury, can access protection measures and, in certain cases, support funds. Reporting is often the first step to breaking the cycle of intimidation.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.