The Court of Cassation analyzed in this decision the legal definition of the crime of “recruitment for the purpose of terrorism and international terrorism’ (Article 270 quater criminal code) in relation to a case of recruitment in Italy of persons wishing to join the forces of so-called Islamic State in Syria. This also in light of the modifications introduced by law No. 43/2015, which has anticipated, for certain aspects, the implementation of the Council of Europe Convention on the Prevention of Terrorism of 16 May 2015. It should be noted that Italy is among signatories of the Convention but did not ratified it yet.
Law No.43 of 17 April 17 2015, Conversion into law, with amendments, of law decree No 7 of 18 February 2015, Urgent measures for the fight against terrorism, including international terrorism, as well as extension of the international missions of the armed and police Forces, cooperation initiatives for development and for support to reconstruction processes and participation in initiatives of international Organizations for the consolidation of peace and stabilization processes.