Criminal law, Crimes of association, Program and Agreement, Cassation, Second Criminal Section, Judgment n. 45575 of 10/14/2022

Passim

In this regard, it should be recalled that this Court (Sect. 5, n. 1964 of 7/12/2018, Rv. 274442 – 01) is firm in holding that the distinctive element between the crime of criminal association and the conspiracy of persons is identifiable in the nature of the criminal agreement, which in the competition takes place in a purely occasional and accidental way, being aimed at the commission of one or more crimes with the realization of which the agreement ends and any cause for social alarm ceases, while in the crime associative is aimed at the implementation of a wider criminal program, for the commission of an unspecified series of crimes, with the permanence of an associative bond between the participants, even independently and outside the effective commission of the single programmed crimes.

Source Supreme Court of Cassation