Not Every Criminal Association Is a Mafia — But Every Mafia Is a Criminal Association

How ordinary criminal groups evolve into structured mechanisms of control, infiltration, and social coercion

Every mafia-type association falls under the broader legal category of criminal association, but not every criminal association exhibits the defining traits of a mafia organization (Fiandaca and Musco, Criminal Law – Special Part, Vol. I, Giuffrè Editore, 2022).

Ogni associazione di tipo mafioso rientra nella più ampia categoria giuridica dell’associazione per delinquere, ma non ogni associazione per delinquere presenta i tratti distintivi di un’organizzazione mafiosa (Fiandaca e Musco, Diritto Penale – Parte Speciale, Vol. I, Giuffrè Editore, 2022).

Italy – A Unique Legal Model in Europe

Article 416 of the Italian Penal Code (introduced in 1930, effective July 1931), still in force today, defines a criminal association as any group of three or more individuals formed with the intent to commit multiple crimes. This provision remains applicable to criminal groups that do not meet the criteria of “mafia-type” organizations defined later under Article 416-bis. This article lays the legal foundation for identifying organized criminal behavior.

Italy remains unique in having codified mafia-type criminal association as a distinct legal category.

Article 416-bis of the Penal Code (September 1982), introduced after the assassination of General Carlo Alberto Dalla Chiesa, defines mafia-type criminal associations as those that use intimidation, subjugation, and the code of silence (omertà) to exert influence over territories, communities, and institutions.

This has positioned Italy as a global case study in organized crime.

Organized Crime as Structure — Mafia as Evolution

Mafia-type systems represent an evolved form of criminal association. What begins as collaboration for illicit profit becomes an embedded mechanism of control — marked by:

• hierarchical structures and initiation rituals;
• territorial dominance through coercion or social consensus;
• systematic infiltration of public institutions and the legal economy;
• and the routine use of intimidation as a strategic tool.

In essence, while not all criminal associations evolve into mafias, every mafia embodies a criminal association that has matured into a systemic structure of coercion and control.

Criminal Codes in Southern and Central Europe

Germany

There is no specific anti-mafia law.

Article 129 of the Strafgesetzbuch (Criminal Code) punishes criminal associations (kriminelle Vereinigungen).

In 2017, it was updated to address the growing infiltration of mafia organizations, particularly the ’Ndrangheta.

However, German law makes no distinction between “gangs” and “mafia”: all criminal groups are treated as equal entities.

In practice, the mafia in Germany is seen as a well-organized and structured gang — not as a distinct criminal category.

France

The French Penal Code punishes association de malfaiteurs (Articles 450-1 and following). This broad provision applies to any agreement to commit serious crimes, regardless of the group’s hierarchy or permanence.

In 2012, amid increasing evidence of mafia infiltration in public contracts and the economy, lawmakers discussed introducing a “mafia-type” aggravating factor — but it was never approved.

Today, French law makes no distinction between mafia and other forms of organized crime.

Spain

The Spanish Penal Code (Articles 570 bis and following) criminalizes organized groups. Criminal organizations are prosecuted under broader provisions in the Penal Code (Articles 570 bis to 570 quater), which address organized crime, terrorist groups, illicit associations, and transnational criminal structures.

Since 2010, an aggravating circumstance applies to groups using systematic intimidation or territorial control.

Spain does not have a dedicated anti-mafia law. However, after documented cases of mafia infiltration — particularly involving the ’Ndrangheta and Camorra in Catalonia and the Costa del Sol — Spanish prosecutors began using anti-money laundering and asset seizure laws more aggressively.

In 2022, the Guardia Civil coordinated with Europol in a large operation dismantling an Italian mafia cell operating in Barcelona.

Belgium

Belgian law punishes criminal associations under Article 324 bis of the Penal Code. There is no separate “mafia-type” offense, yet Belgian authorities have been active in dismantling organized networks. Belgium focuses mainly on prosecuting organized structures based on evidence of coordination and repeated offenses, not on symbolic labels.

Austria

Under Section 278a of the Austrian Penal Code, participation in a criminal organization is a standalone offense. Austria has prosecuted transnational networks also through cross-border task forces but does not have a formal category for mafia-style groups.

United Kingdom

Organized crime in the UK is prosecuted under general laws, including the Serious Crime Act 2015, the Proceeds of Crime Act 2002, and strategic frameworks such as the Organised Crime Group Mapping Project managed by the National Crime Agency (NCA).

The UK does not distinguish mafia-type organizations.

However, law enforcement agencies have increasingly flagged the presence of Italian mafia networks — particularly the ’Ndrangheta — laundering money through UK-registered shell companies.

In several investigations coordinated with Europol, UK-based entities have been linked to transnational financial crime structures involving Italian organized crime.

Criminal Codes in Northern Europe

Netherlands

Article 140 of the Dutch Penal Code criminalizes participation in criminal organizations, while specialized investigative teams handle cross-border and transnational crime.

Dutch law does not recognize mafia as a distinct legal entity.

Due to increasing infiltration by mafia-style groups in the port of Rotterdam and the real estate sector, Dutch authorities have enhanced cooperation with Italian prosecutors.

In 2021, the Dutch Parliament debated introducing stronger legal tools to address organized crime’s threats to democratic institutions.

Norway

Norway criminalizes participation in criminal organizations via Section 60 of the Penal Code.

The country lacks a category for “mafia-type” conduct.

However, Norway actively investigates transnational criminal networks. The Norwegian Police Security Service (PST) collaborates with Europol and neighboring countries to disrupt hierarchical structures, using legal tools based on activity, coordination, and harm, not symbolic descriptors.

Sweden

Swedish law addresses criminal conspiracy and organized crime under Chapter 23 of the Penal Code.

Law enforcement targets hierarchical networks involved in gang violence, extortion, and drug trafficking.

Sentencing severity, not a classification, guides judicial action against organized operations.

Denmark

In Denmark, under Section 81(6) of the Danish Penal Code, participation in criminal organizations may be treated as an aggravating circumstance during sentencing.

Organized crime is prosecuted through general provisions related to conspiracy, money laundering, and narcotics offenses.

Danish law does not define “mafia-type” criminal associations as a distinct legal category.

However, in recent years, authorities have intensified cooperation with EU partners to combat transnational criminal networks.

While the legal framework avoids symbolic classifications, enforcement efforts increasingly target hierarchical and territorially rooted structures.

Understanding Criminal Association as Architecture

Criminal associations do not always begin with spectacular violence or media visibility.

Most emerge quietly — through informal pacts, small agreements to break the law, and bonds rooted in complicity, opportunism, shared interests, or tolerated illegality.

The danger lies in their structural potential: in their ability to evolve, recruit, and infiltrate.

As this comparative overview shows, European legal systems differ in how they categorize and prosecute organized crime. But one constant remains: the real threat is not the name — it is the function. It is when a group operates as a system.

Networks of coercion, silence, and complicity can grow without ever being formally named.

Identifying the mechanisms that allow organized abuse to operate is crucial — and shielding society not only from acts of violence, but from the structures that make them repeatable.

The line between delinquency and organized domination is often thinner than it seems.

Not every criminal association is a mafia — but every mafia is a criminal association.

It is essential that the rule of law detects domination before it consolidates.