Towards a European Criminal Law Against Organised Crime
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1 Towards a European Criminal Law Against Organised Crime Proposals and Summaries of the Joint European Project to Counter Organised Crime (FALCONE PROGRAMME E.U.) Edited by Vincenzo Militello Barbara Huber Freiburg im Breisgau 2001
2 Contents Preface Hans-Jörg Albrecht Albin Eser V Introduction 1 Vincenzo Militello 3 The Joint European Project to Counter Organised Crime: Overview and Normative Proposais (European Union Falcone Programme) I. Towards a European Model OfFence 13 of Criminal Organisation Vincenzo Militello 15 Participation in a Criminal Organisation as a Model of European Criminal Offence (Text and Normative Proposal) Salvatore Ardizzone 43 Criminal Association in Italy: Legislative Significance and Structural Characteristics (Summary) Jörg Arnold 47 Criminal Association and Organised Crime (Summary) Antonio Ingroia 53 Criminal Association and Organised Crime: The Italian Experience (Summary) Giovanni Fiandaca 57 Organised Crime and Its Infiltration into Politics, Economics, and Justice in Italy (Summary) Jörg Kinzig 61 Organised Crime in Germany: Areas of Activity and Influence on Politics, the Economic Sector, and the Judicial System (Summary) Piergiorgio Morosini 67 Mafia Infiltration and Public Works Contracts: Criminal Conspiracy and the Complicity of Politicians and Entrepreneurs (Summary)
3 VIII Contents n. Fighting Illegal Proceeds 71 Giovanni Fiandaca/Costantino Visconti 73 Theoretical and Criminal Policy Foundations for a Model 'Extended' Confiscation in the Ambit of Organised Crime (Text and Normative Proposal) Susanne Hein/Costantino Visconti 89 Combating Illegal Proceeds in Italy (Summary) Michael Kilchling 99 Money Laundering and Deprivation of Proceeds in Germany (Summary) III. Accomplice Witnesses Regulation 107 Barbara Huber 109 Informants, Undercover Agents, and Police Informants (Text and Normative Proposais) Stefanie Mehrens 121 The Government Witness Regulations for Organised Crime in Germany (Art. 5 KronzG = Governmental Witness Law) (Summary) Carlo Ruga Riva 125 Juridical Benefits for Accomplices-Witnesses for the Prosecution: The Italian Experience (Summary) IV. Procedural Instruments to Fighting Organised Crime 129 Enrique Bacigalupo 131 The Use of Technical Means in Interception and Surveillance of Private Communications (Text and Normative Proposal) Walter Gropp 143 Organised Crime and Procedural Instruments to Fighting Organised Crime in Germany (Summary) Renzo Orlandi 153 Procedural Instruments in Italy to Fighting Organised Crime (Summary)
4 Contents V. Sociological and Criminological Issues Letizia Paoli 161 Organised Crime in Italy and Germany: A Sociological and Criminological Perspective (Summary) Maria-Jose Pifarre de Moner 167 Organised Crime in Spain (Summary) Antonio La Spina 175 The Reaction of Civil Society and Prevention by Local Institutions in Italy (Summary) Joachim Obergfell-Fuchs 181 The Reaction of the Civilian Population and the Potential of Community Crime Prevention in the Framework of Fighting Organised Crime (Summary) Appendices Preliminary Remark to Appendices A and B * " A. The Proposals in Their Original Versions 191 /. Vincenzo Militello 193 La partecipazione all'organizzazione criminale come modello di incriminazione europea //. Giovanni Fiandaca/Costantino Visconti 221 Presupposti teorici e politico-criminali di una proposta di modello europeo di confisca "allargata" nell'ambito della criminalitä organizzata ///. Barbara Huber 237 Aufklärungsgehilfen, verdeckte Ermittler und Vertrauenspersonen der Polizei IV. Enrique Bacigalupo 265 Regulaciön del uso de medios tecnicos para la interceptaciön de comunicaciones privadas
5 X Contents B. The Proposais in the Other Languages 279 of the Project (Italian, German, Spanish) I. Le proposte di norme penali comuni in Europa 281 II. Vorschläge für gemeinsame strafrechtliche Normen 287 in Europa JH. Las propuestas de normas penales comunes en Europa 293 ListofParticipants 299
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