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Italian Court of Cassation, Criminal Section V, No. 8891/2020, 15 March 2021


Participation in terrorist organizations (international terrorism). Evidence of belonging to the organization. Indirect contacts between a person and the members of the organization are enough to demonstrated that the person is affiliated. 

Normative references

Art. 270-bis Italian Criminal Code


In order to demonstrate that a person belongs to a terrorist organization (ISIS in the case at issue), the most important aspect is the ideological one. As a consequence, the judge may find evidence of the fact that the person adheres to the group on the mere basis of contacts between the defendant and the members of the terrorist group, even if they are sporadic and indirect.