綜上所述,立法者為了提供打擊有組織犯罪的有效手段,在國內層麵和國際層麵都作出了努力,通過對意大利法規的檢視就可以發現這點。
(這裏)所采用的規範方法既涉及刑法,也涉及刑訴法。其中刑法是為了規定嚴重犯罪及其(法律)效果,刑訴法是為了說明犯罪行為的證明規則以及有罪與否的認定方法。
考慮到跨國有組織犯罪的不斷增加,未來刑法學者與刑訴法學者之間的爭論和對立應適當地著眼於國際的文化交流。
The Fight Against Transnational Organized Crimes:the Examples of Italy
Maurizio Bellacosa Translator:Geng Janing
Abstract:The Italian law provides various measures substantively and procedurally against the transnational organized crime.Firstly,with the No.146 Law in 2006,the U.N.Convention Against Transnational Organized Crime of 2000 has been ratified.In this way,the category of “transnational crime” which does not constitute a new element of crime instead is a qualification of almost all serious offense has been provided.Once a crime were recognized as “transnational”,then the measures provided in the No.146 Law would be applicable for it,as the aggravating circumstance of Article 4.In case of realization of a transnational crime,the responsibility of the entity on whose behalf or for the benefit of which the offense was committed is also configurable.Secondly,the Italian law provides some elements of crime in relation to crimes of association:in particular crimes of “association for delinquency”(Art.416 Penal Code),“association of mafia”(Art.416 bis Penal Code) and “electoral exchangepolitical-mafia”(Art.416 ter Penal Code).Thirdly,the Italian regulatory system contains detailed provisions governing preventive measures,recently revised and coordinated within the Anti-mafia Code and the Preventive Measures Code of 2011.Besides that,in the operational and procedural aspect,the Italian legal system is characterized by the provision of specific organs aiming at the fight against organized crimes,such as the National Anti-Mafia Bureau and the Anti-Mafia Investigation Department.Italy has also participated in the composition and operation of Euro just which is an organ of the European Union aiming at the cooperation and coordination of investigations between at least two States member of the European Union.