Pio La Torre - Antimafia Law

Antimafia Law

The so-called Rognoni-La Torre Law (named after the backers of two proposals that were later unified, the Christian Democrat Minister Virginio Rognoni and Pio La Torre) or "Antimafia law", includes two fundamental innovations:

(a) The introduction in the legal system of a new crime, the mafia conspiracy;

(b) The possibility for the courts to seize and to confiscate the goods of the persons belonging to the mafia conspiracy, as well as of relatives, partners and cohabitants who in the past five years played a "front man" role or cover-up role for the mafia.

Article 416 of the Italian Penal Code that has its origins in the fascist period (1930), defined simple organized crime on the basis of the presence of three elements: the associative bond, the organized structure, the criminal program. Organized crime of the mafia type presents additional specific characteristics: the associative bond has such an intimidating capacity to cause subjection and omertà. It is at such a level that it may be considered a system, an absolute rule of obedience and a law of silence that first of all demands, from the entire population, the refusal to collaborate with law enforcement. An actual submission to the power of the mafia.

According to article 416 bis, introduced by the new law:

The organization is of the mafia type when its components use intimidation, subjection and, consequentially, silence (omertà), to commit crimes, directly or indirectly acquire the management or the control of businesses, concessions, authorizations, public contracts and public services to obtain either unjust profits or advantages for themselves or others.

The new Law was used by judge Giovanni Falcone to prosecute the Sicilian Mafia in the Maxi Trial that started in 1986.