I.The expression “organized crime” in Italian criminal lawThe expression “organized crime” cannot be found in the Italian Criminal Code (CC), whereas it appears in the Code of Criminal Procedure (CCP)See the following articles of the Italian Code of Criminal Procedure: art. 274 relating to pre-trial measures; art. 380 on the arrest in flagrante delicto; art. 407 regarding the duration of pre-trial investigations; art. 54 ter on disputes between prosecutors (related to the jurisdiction); art. 90 quater on the assessment regarding the victim’s vulnerable position; art. 371 bis regarding the National anti-mafia and anti-terrorism public prosecutor. See Tona, in: Cadoppi/Canestrari/Manna/Papa (eds.), Trattato di Diritto Penale, Vol. VI, 2008; see also Aleo, in: Aleo/Pica (eds.), Diritto penale, Parte speciale – 1, Padua 2012, p. 138, on the origins of the expression “criminalità organizzata” in Italy. In the USA the expression “organized crime” refers to the individual criminal acts committed in the context of organized crime: see Aleo, in: Aleo/Pica, ibid.; see also Tessitore, in: Rivista italiana di diritto e procedura penale, 1984, pp. 1038 ff. and in other laws (e.g. Law no. 354/1975 on the Penitentiary System). The Italian Criminal Code provides for the crime of associazione per delinquere (an association
Zeitschrift für die gesamte Strafrechtswissenschaft – de Gruyter
Published: Mar 16, 2018
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