Decision of the Court of Cassation, United Sections, No. 18374 of 31 January 2013 (23 April 2013)

Law No. 146/2006, on the ratification and implementation of the Palermo Convention against Transnational Organized Crime and Protocols, introduced, in Article 4, a special aggravating circumstance for the crimes that are committed with the participation of a criminal organized group, which carries out illicit activity on the territory of more than one State. The concept of “criminal organized group” in this provision is to be found in Article 2, letters (a) and (c), of the Palermo Convention and differs from the concept of “associazione per delinquere” (conspiracy) already existing in Italian legislation.