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ORGANIZED CRIME AND TERRORISM: SOCIAL PHENOMENON AND LEGAL RESPONSE

Academic year and teacher
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Versione italiana
Academic year
2020/2021
Teacher
MANUEL CANCIO MELIA'
Credits
6
Didactic period
Secondo Semestre
SSD
IUS/17

Training objectives

The course addresses the challenges posed to democratic societies by international organised crime as such and in conjunction with corrupt government institutions. There will be a special emphasis on business-related crimes, such as money laundering both from a European and an International perspective. During classes the social consequences of organized crime will be discussed as well using a criminological approach, an empirical methodology and constant focus on the legislation of the EU.

Prerequisites

Basic previous knowledge of Criminal Law, EU Law and International Law are a prerequisite for the course. A basic knowledge of criminal procedure is an asset.

Course programme

§ 1 – Introduction: empirical approach - 0. The social, political and criminal law problem; A. Definitions: (ordinary) organized crime and terrorism; B. Historical evolution: organized crime and terrorism; C. Conclusion: some common features of the current phenomenon.
§ 2 – Introduction: normative approach - 0. Legislation and case law in the West: history and an instant photograph; A. Legislation: historical review: organized crime and terrorism; B. International and supranational inputs: the UN Convention and the UE FD 2008 (OC); various instruments and EU Directive 541/2017 (T); C. Context: criminal legislation in the “enemy criminal law”/overcriminalization era.
§ 3 – General Part: wrongfulness of organization offenses - A. Different approaches since the 19. Century in civil law jurisdictions; B. Wrongfulness between danger and meaning: inventory; C. Usurpation of organization areas and political meaning; D. Conclusions.
§ 4 - General Part: legal definition of “organization” and of “terrorism” - A. Organization; B. Organized group, structured group and the association de malfaiteurs; C. Legal definition of terrorism.
§ 5 - Special Part: membership and collaboration
§ 6 - Precursor crimes of terrorism

Didactic methods

The course will begin in streaming, via Blackboard collaborate. As of 26th April, lessons will be in person; the possibility to attend in streaming will be granted. The course consists of lectures and discussions on specific cases and topical issues. Materials for discussion will be distributed to attending students.

Learning assessment procedures

Oral exam. For students attending the course, participation in class is promoted.

Reference texts

Materials and lectures will be indicated during the lessons for students attending the course. Due to the ongoing epidemiological emergency, no distinction is made between the programme for attending and non-attending students. The lessons are recorded and available in the multimedia files on the platform, as are the recommended materials and readings.