«The crime of association can be recognized even in the presence of a rudimentary organizational structure». The Court of Cassation states this in the reasons for the sentence in the abbreviated section of the maxiprocess arose from“Koleos” anti-drug operation which ended with the confirmation of 10 convictions, for a total of approximately 110 years of imprisonment, with sentences ranging from 7 to 18 years, and only one annulment with postponement.
The judges of the Sixth Criminal Section, in confirming the existence and operation of an association dedicated to drug trafficking, draw attention to the contents of the first and second degree sentences. «The first instance sentence – we read – had identified the existence of a real “corporate” structure» which can be deduced «from the availability of logistical bases», of «ad hoc means to carry out the transport and delivery of the narcotic» , “the existence of a stable group of retailers located in several regions can be deduced among other things from the plurality of deliveries that the couriers had made in the same places”, from the “existence of stable supply channels demonstrated by the significant number of trips made, in short period of time under investigation, in which at least 36 sales emerged within three months”, finally “the division of tasks within the association and the clear identification of the hierarchically superior subjects responsible for organizing trafficking”.
For the Board, these elements “demonstrate the existence of an organized structure, taking into account, on the one hand, that the crime of association can be recognized even in the presence of a rudimentary organizational structure and, on the other, that this structure was concretely suitable for move and place tens of kilos of cocaine, achieving considerable profits”.
