In Italy there is a great difference between the crime of criminal association (ordinary gangs) and mafia-type associations; in order for it to be a mafia-type association – for which more serious penalties are envisaged – it is necessary to resort to the so-called mafia method for the pursuit of some specific purposes.

This method (the mafia method) is made up of three elements: the intimidating force of the associative bond, the condition of subjection and the condition of silence.

These three elements must necessarily coexist in order for the mafia-type association to be considered configurable. In fact, subjection must derive precisely from the intimidation mentioned above and must also manifest itself as a code of silence, that is, a refusal to collaborate with the institutions.


Article 416-bis provides that in order for it to be a mafia-type association, its members must associate for the purpose of:

• commit crimes;
• acquire, directly or indirectly, the management or control of economic activities, concessions, authorisations, contracts and public services;
• make profits or unfair advantages for oneself or for others;
• impede or hinder the free exercise of the vote or to obtain votes for oneself or for others during electoral consultations.