The importance of case law for eliminating legal uncertainty in criminal law norms (study of the Italian experience)

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 3; no. 89; pp. 182 - 188
• Main Author: Bakhurynska, O. O.
• Format: Journal Article
• Language: English
• Published: 04.08.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.89.3.27

The establishment in 2020 of liability for crimes related to the establishment and spread of criminal influence in Articles 255–2553 of the Criminal Code of Ukraine has caused serious criticism due to the imperfect definition of certain key legal features. Proposals to abolish criminal liability for these crimes are being made. Scientists emphasize the violation of the requirements of legal certainty and the problems of interpreting the norms of the Criminal Code of Ukraine related to the introduction of the «criminal influence» category and some concepts derived from it. The judicial practice is a powerful means of resolving problems of interpretation of legal provisions by clarifying legal norms in specific cases. The article uses the example of Italy to examine the importance of the influence of Case law on the formation of the content of concepts and terms used in the Criminal Code of Italy, 1930, namely the contribution of Italian case law to the definition of the concept of «mafia-type criminal association» and the clarification of the elements of the «mafia method» of criminal influence. The definition of the concept of mafia-type unlawful association in the Italian legal system is currently given in Article 416- bis of the Criminal Code of Italy, 1930, as amended by the Laws of 1982 and 2008. The current text is the result of legislative reforms that took place on the basis of the interpretive work of the courts to clarify the legal meaning of the term «mafia-type association». The study demonstrated: the influence of the jurisprudence within the Court of Cassation of Italy has proven to be significant for the formulation of the legislative provisions of Article 416-bis of the Criminal Code, as well as for understanding the constituent elements of the concept of “mafia-type association”, in particular, such as the power of intimidation stemming from the bonds of the association, and the resulting conditions of submission and silence. These features constitute the essence of the so-called «mafia method» of criminal influence, which distinguishes an illegal mafia-type association from a general-type criminal organization (Article 416 of the Criminal Code of Italy). It is emphasized that the problem of the content of the elements of crimes provided for in Articles 255–255-3 of the Criminal Code of Ukraine should be resolved not by abolishing liability for them, but by rationally taking into account the legal positions of the Supreme Court, since they define the boundaries of criminal legislation application and eliminate legal uncertainty.