At first glance Italian criminal law has wide-ranging rules in the fight against organized crime, which comply with the UN and EU Directives. Despite this, the efforts of the legislature are frustrated when fighting mafia-type organizations. The present study analyses the various reasons for which Italian law cannot provide efficient prosecution of the latter. Here are several reasons for this inefficiency and the main ones can be traced back to the new features of organized crime, which no longer fits (or does not fit solely) the model laid down by the criminal code. Furthermore, we should also take into consideration that other EU Member States and even countries outside the EU do not have a criminal offence similar to the mafia-type association provided for by article 416 bis of the Italian criminal code. De lege ferenda, Italian legislature should depart from the general model provided for by article 416 (criminal associations) and introduce diverse type of offences related to different criminal organizations for the purpose of protection of particularly valuable interests. In cases of organizations aimed at committing less serious crimes, the fact that an offence has been committed within the framework of a criminal organization might be structured as an aggravating circumstance. Additionally, the phenomenon of mafia-type organizations needs special rules. Although Article 416 bis (Mafia-type association) can still constitute a point of reference, Italian law should expressly require the actual and present use of intimidatory power. In addition to the crime related to mafia-type organizations, Italian legislature should introduce another criminal law provision to fight against the phenomenon of the so-called “Mafia enterprise”. Ultimately, in order to prosecute cases of collusion with mafia-type organisations, this study proposes the introduction of an offence concerning the conduct of facilitating the activity of a criminal association.
Repressing organized crime in Italy: recent developments and shortcomings in substantive criminal law
Giuseppina Panebianco
2017-01-01
Abstract
At first glance Italian criminal law has wide-ranging rules in the fight against organized crime, which comply with the UN and EU Directives. Despite this, the efforts of the legislature are frustrated when fighting mafia-type organizations. The present study analyses the various reasons for which Italian law cannot provide efficient prosecution of the latter. Here are several reasons for this inefficiency and the main ones can be traced back to the new features of organized crime, which no longer fits (or does not fit solely) the model laid down by the criminal code. Furthermore, we should also take into consideration that other EU Member States and even countries outside the EU do not have a criminal offence similar to the mafia-type association provided for by article 416 bis of the Italian criminal code. De lege ferenda, Italian legislature should depart from the general model provided for by article 416 (criminal associations) and introduce diverse type of offences related to different criminal organizations for the purpose of protection of particularly valuable interests. In cases of organizations aimed at committing less serious crimes, the fact that an offence has been committed within the framework of a criminal organization might be structured as an aggravating circumstance. Additionally, the phenomenon of mafia-type organizations needs special rules. Although Article 416 bis (Mafia-type association) can still constitute a point of reference, Italian law should expressly require the actual and present use of intimidatory power. In addition to the crime related to mafia-type organizations, Italian legislature should introduce another criminal law provision to fight against the phenomenon of the so-called “Mafia enterprise”. Ultimately, in order to prosecute cases of collusion with mafia-type organisations, this study proposes the introduction of an offence concerning the conduct of facilitating the activity of a criminal association.File | Dimensione | Formato | |
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