Cassation court dismisses appeal against detention for mafia association, rejecting claims of insufficient evidence.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the appeal filed by Ottavio Mignolo against the detention order for mafia association. The defense argued that the trial court failed to consider prior proceedings where the mafia aggravating circumstance was excluded for similar facts. The court held that the evidence, including corroborated statements from justice collaborators and the defendant's public meetings with the clan leader, sufficiently proved his active participation and internal status within the criminal organization.
Regesto Legislator
Generato dall'IAArt. 416-bis c.p.; Art. 173 disp. att. c.p.p.: The court must evaluate all evidence to determine if the defendant is an insider of a mafia-type association; a prior acquittal on the mafia charge for similar facts does not preclude detention if new corroborating evidence establishes current active participation and internal status.