LA MAFIA 'OLTRE' LA MAFIA: L'ART.416-BIS IN UNA PROSPETTIVA 'DE JURE CONDENDO'

The thesis concerns a proposal for normative modification of Article 416-bis of the Criminal Code, with a focus on the normative technique of normative indices. The structure of the work is composed as follows. The first chapter aims to provide a comprehensive overview of the most recent jurisprudential applications of art. 416-bis to the phenomenon of “new mafias,” highlighting its peculiarities and the degree of deviation from the traditional approach of mafia-type association introduced in 1982. The second chapter starts from a reconnaissance about the profiles of constitutional criticality of art. 416-bis, under the twofold profile of determinacy and offensiveness, highlighted by the jurisprudential application mentioned above. It also investigates two phenomena that are in some ways contiguous (the terrorist phenomenon and the phenomenon of labor exploitation), to highlight how the legislator has intervened normatively in order to go along with their profound sociological evolution. In conclusion, the third chapter deals with the “de jure condendo” perspective, verifying the extendibility of the solutions adopted to the phenomena assimilated to mafia and proposing the formulation of some normative indices, which appear to the author to be the only ones capable of overcoming the criticism in terms of determinacy and offensiveness. Thereby we ensure an adaptation of the normative instrument to new protection needs connected to the constant change of the criminal phenomenon.