Metamorfosi mafiose: uno status quaestionis sull’applicazione giurisprudenziale dell’art. 416 bis c.p.

In recent times, organised crime has proven to be particularly fluid, both in terms of the variegated subjective structure and with regard to the activities and operational strategies pursued. For such eclectic realities, the so-called ‘atypical mafias’, the applicability of Article 416 bis of the Criminal Code appears to be controversial in doctrine and case law. Adopting this approach, the first part of the paper will be devoted to the analysis of the peculiarities of the main manifestations of ‘non-traditional mafias’ (foreign or ethnic, delocalised, indigenous). The second part of this research, on the other hand, will propose different solutions with a view to a possible and, in some ways, desirable reform of the subject matter. These possibilities for future reforms, some more radical, others more conservative, aims at safeguarding the founding principles of constitutionally oriented criminal law (first and foremost, taxativeness and determinacy), considering at the same time margins of flexibility to adequately repress the new chameleonic criminal groups.