-
July 30, 2025 - 06:29
-
22 August 2025 - 14:05
The Constitutional Court, with ruling no. 122 filed today, declared illegitimate the rule that automatically denied benefits to victims of the mafia and organized crime if their relatives within the fourth degree were under investigation or subjected to preventive measures.
The Constitutional Court upheld the issue raised by the Court of Appeal of Naples, holding that the provision in question, in its rigidity, was unreasonable and conflicted with the right of defense and action protected by Article 24 of the Constitution.
The Court highlighted that the rule created an absolute presumption of undeservingness of the benefit, without taking into account individual situations and the actual detachment of the beneficiaries from criminal contexts.
This presumption, among other things, risked penalizing precisely those who had distanced themselves from criminal environments, thus enduring isolation and suffering.
It might interest you
Ambulance hits 12-year-old on his way to school; he's in serious condition.
Fake postal police officers in action: €5.500 scam foiled
A Europe-wide hunt is underway for Taulant Toma, the prisoner who went on a diet to pass behind bars.
Italy's corruption crisis is sinking: Campania has a record number of people under investigation.
Furthermore, the rule prevented the victims to demonstrate, in a fair trial, their non-involvement in any illegal activity, thus violating their right to defense.
The Court stressed that the assessment of the beneficiaries' merit must be careful and rigorous, but cannot be based on generic and unfair presumptions.
In this sense, kinship or affinity ties must be subjected to even more rigorous scrutiny, in order to ascertain the absence of any contact with criminal circles and the true non-involvement in the values and logic of the mafia.
The Constitutional Court's decision represents an important step towards ensuring the right to support and assistance for victims of the mafia and organized crime, even when their families have been involved in legal proceedings.
Choose the channel you want to subscribe to