Full Description
The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it.
The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.
Contents
1. The Notion of Organised Crime: Why Definitions Matter
Stefania Carnevale, Serena Forlati and Orsetta Giolo
Part I: Redefining Organised Crime: The International Level
2. Definitions: Some Methodological Remarks
Baldassare Pastore
3. What is Organised Crime?
Federico Varese
4. The Notion of Organised Crime in the United Nations Convention against Transnational Organized Crime
Gioacchino Polimeni
5. Reconsidering Transnational Organised Crime in the Shadow of Globalisation: The Case of Human Smuggling across the Mediterranean
Monica Massari
6. Development of Organised Crime: The Phenomenon and Definition
Ivan Kleimenov
7. The Relationship between Transnational Organised Crime and Terrorism: An International Law Perspective 1
Alessandra Annoni
8. The Notion of Organised Crime and the American Convention on Human Rights
Laura Salvadego
9. The Notion of Organised Crime and the European Convention on Human Rights
Serena Forlati
10. The Notion of Organised Crime in EU Law
Vincenzo Militello
Part II: Redefining Mafia-Type Organisations: A Case Study on Italy
11. Defining the Mafia: Between Sociology and Law
Nando dalla Chiesa
12. The Organisational Features of Organised Crime: The Mafia as a Professional Bureaucracy
Antonio La Spina
13. The Notion of Mafia in Italian Criminal Legislation and Case Law
Ciro Grandi
14. The Boundaries of Mafias: Relationships and Business in the 'Grey Area'
Vittorio Mete and Rocco Sciarrone
15. Beyond the Legal Definition: External Participation in Mafia-Type Organisations
Marco Venturoli
16. Mafia Definition and Legislative Gaps: A Critical Criminology Approach
Orsetta Giolo
17. The Notion of Organised Crime as a Justification for Special Rules of Criminal Procedure: The Derogations from the Ordinary Model and their Rationale
Stefania Carnevale
18. Concluding Remarks: Reconceptualising Organised Crime—Five Challenges
Valsamis Mitsilegas
