The Two Pillars in the Fight against Serious Organised Crime in Italy: An Assessment

Abstract

Several measures and instruments have been adopted in Italy to fight against serious organised crime. In this framework, the 'mafia-type association' offence (Article 416 bis c.c.), and the National Anti-Mafia Directorate (DNA) can be considered as the two main pillars of the whole system, at least from a historical point of view (the former, from a substantial law perspective; the latter, from an organisational-procedural one). The aim of this article is to analyse and assess (vis à vis the experience acquired on their practical implementation) these two tools. The evaluation (based on the results of a focus group with 5 DNA Prosecutors, and on the analysis of the relevant literature) allowed to highlight their strengths and limits, as well as to discuss the possible exportability of the Italian experience to other countries.