Abstract
The Author goes over the origins of the United Nations Convention against Transnational Organised Crime (UNTOC) and deals with the most significant sections of its actual application in national laws, particularly in Italy. The strength of the innovative tools on international cooperation provided for in the Convention is highlighted, as well as the obligation of Member States to appropriately criminalise organised criminal groups, establishing a legal framework consistent with the most varied criminal systems and judicial traditions. The Author also proposes a brief comparison between the system of international cooperation in the Convention and the level of integration achieved within the European Union. Great significance is also given to the importance of adopting a mechanism to review the implementation of the Convention in all State Parties, so as to monitor the effective application of its provisions and identify any challenge and gap that might impede their full application.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
At the European level, the new EU Directive (2014/42) on the freezing and confiscation of instrumentalities and proceeds of crime was adopted on 3 April 2014. The Directive establishes minimum rules on the freezing of property with a view to its subsequent confiscation for the serious crimes listed in Article 83(1) of the Treaty on the Functioning of the European Union. It maintains conviction based confiscation as a general rule, but introduces non-conviction based confiscation, even though as a residual hypothesis. Thus, non-conviction based confiscations shall be introduced in the EU Member States’ national legislation, but the scope of application of such confiscation is limited in the Directive to the cases in which a final conviction could not be obtained as a result, inter alia, of illness or flight of the suspected or accused person. It is also requested that a criminal proceeding have been initiated for a criminal offence which is liable to give rise to economic benefit, and that such proceeding could have led to a criminal conviction.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2019 Springer Nature Switzerland AG
About this chapter
Cite this chapter
Testa, F. (2019). Judicial Cooperation System in the Fight Against Transnational Organised Crime. In: Rafaraci, T., Belfiore, R. (eds) EU Criminal Justice. Springer, Cham. https://doi.org/10.1007/978-3-319-97319-7_10
Download citation
DOI: https://doi.org/10.1007/978-3-319-97319-7_10
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-97318-0
Online ISBN: 978-3-319-97319-7
eBook Packages: Law and CriminologyLaw and Criminology (R0)