Intention and complicity in Mafia crime has fueled much debate and legal con¬troversies since ‘participation in a Mafia organization’ was penalized as such (in 1982, via the Rognoni-La Torre Act). The modus operandi of Cosa Nostra members when they come to murder had long stood in the way of any attempt to charge ‘co-responsible’ individuals. The development of categories and sub-categories of Mafia crime - such as ‘external com¬pli¬city’ (‘concorso esterno’) and ‘favoreggiamento’ - has enabled to punish different forms of complicity. We will focus here on the "Aiello + 14 Trial" (2006-2009), where a political leader and a famous doctor were charged with ‘participation in a Mafia organization’. This will allow us to examine how magistrates can work toward proving the defendants’ delibe¬ra¬te intention to act, and how this proof-building process raises complex ethical dilemmas.
Keywords: Mafia crimes, intention, complicity, Aiello trial, Cosa Nostra