It took relatively long for specific anti-mafia legislation to be created in response to
this phenomenon. Initially, excesses of mafia crime were considered isolated
incidents, and less serious mafia-related nuisances were dealt with through
administrative public order-based measures.
In the 1960s, the urgency of the need for more repressive measures intensified as
a result of the first Sicilian mafia war. This led to the establishment of a
parliamentary commission tasked with studying the Sicilian mafia. The
commission's report first led to legislation which explicitly declared existing public
order measures applicable to persons suspected of participating in a mafia
organisation. That legislation initiated the process of creating a legal definition for
participation in a mafia organisation. In 1982, the Rognoni-La Torre Act came into
force. This law provided, among other things, for the specific criminal offence of
participating in a mafia organisation and included a number of measures focused
on the seizure and confiscation of criminal assets. Based on this new criminal
provision, the first mega-trial against the Cosa Nostra was prepared. The outcome
of the trial led to an extremely violent backlash from the Cosa Nostra. Several
people were killed, including well-known anti-mafia magistrates. The authorities’
response to this crisis led to innovations in the fight against the mafia, such as the
creation of more specialised authorities and services, a stricter detention regime,
extended possibilities for interception, seizure and confiscation of criminal assets,
as well as specific regulations for suspects collaborating with the justice authorities.
In 2011, the Anti-Mafia Code came into force. This code contains mostly an
overview of preventive measures.