The Court of Cassation anticipates the contents of the reasons in this press release:
“Today, the reasoning for the sentence of the Sixth Criminal Section of this Court in proceeding no. 9604/2019 against Buzzi + 31, known as the “mafia capitale” trial, was filed.
The complex ruling retraced the phases of the trial and examined the numerous grounds for appeal, establishing some principles of law both in the area of mafia association and in the area of crimes against public administration.
The Court excluded the mafia nature of the association contested to the defendants and reaffirmed the existence, already considered in the first degree trial, of two distinct simple criminal associations: one mainly dedicated to extortion crimes, the other headed by Buzzi and Carminati, engaged in a continuous corruption activity against officials and politicians gravitating towards the Roman municipal administration or in entities connected to it.
The Court, without denying that mafia criminal phenomena may exist in the territory of the municipality of Rome, as this Court has had occasion to affirm, explained that the evidentiary results led to denying the existence of a mafia-style criminal association: in fact, neither the use of the mafia method nor the existence of the consequent omertà subjugation were highlighted and it was excluded that the association possessed its own and autonomous mafia criminal "reputation".
What has been ascertained is a phenomenon of generalized, widespread and systemic collusion, whose core was the criminal association that managed the interests of Buzzi's cooperatives through mechanisms of division in the management of contracts of the Municipality of Rome and the entities that were part of it. It led to the devaluation of the public interest, sacrificed to the logic of hoarding to the advantage of private individuals.
The overall picture shows a “system” seriously polluted, not by fear, but by the commercialization of public function. A part of the municipal administration has in fact “surrendered” itself to the interests of the criminal group that has found fertile ground to cultivate.
The facts also “tell” of entrepreneurs who have accepted a logic professed by Buzzi and his associates, based on corrupt agreements, between public officials and entrepreneurs, converging towards mutual economic advantages. In this way, free competition has been limited and this has happened through forms of systematic corruption, not preceded by any mafia-style intimidation method.
In the end, the criminal liability of almost all the defendants was confirmed for a series of serious crimes against the public administration, as well as for participation in criminal associations, reaffirming the previous decisions on the merits in these respects.
The annulment with referral to the Court of Appeal of Rome for some defendants was determined by the need for a new judgment on the responsibility for crimes against the public administration, in the majority of cases, however, by the need to carry out a redetermination of the sentence following the exclusion of the mafia character of the two criminal associations".
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