This book explores a range of topics relating to the prosecution and trial of organised crime and the punishment, especially imprisonment, of members of organised criminal groups. Organised crime poses particular challenges to the criminal justice system. While much of the attention of policy-makers, legislators, law enforcement, and the media is on criminalisation and investigation, much less attention, including academic analysis, has been devoted to the unique problems posed by organised crime to criminal procedure and to the prison system. This book gives particular attention to the role and powers of prosecutors and the judiciary, measures relating to criminal proceedings, international cooperation, sentencing, and the situations in prisons. The book will be a valuable guide for academics, researchers and policy-makers working in the areas of organised crime, international criminal justice, criminal procedures, and prisons.
1. Introduction (Andreas Schloenhardt) PART 1: ORGANISED CRIME AND CRIMINAL PROCEDURE 2. The challenge of organised crime to criminal proceedings (Bettina Weisser) 3. Obstruction of Justice in the Context of Organised Crime (Benedikt Grünert) 4. Non-conviction-based confiscation as a means to combat organised crime (Jonathan Macziola) 5. Protection of Victim-Witnesses of Trafficking in Persons: Problems, Principles, and Practice (Joseph Lelliott) Part 2: International Cooperation 6. International frameworks for cooperation in organised crime cases (Andreas Schloenhardt & Genevieve Rule) 7. The European Arrest Warrant: A model for use in the global fight against organised crime? (Lena Wasser) 8. Joint Investigation Teams in transnational organised crime cases and their potential impact on human rights (Marilù Porchia) Part 3: Organised Crime and Prisons 9. Organised Crime and Prisons (Andreas Schloenhardt & Monika Stempkowski) Chapter 10: Italy’s ‘41 bis’ special prison regime for leading organised crime figures in view of European Court of Human Rights’ case-law and international prison standards (Gianmarco Bondi)
Andreas Schloenhardt (PhD, Adelaide; chief editor) is Professor of Criminal Law at The University of Queensland and Honorary Professor of Foreign and International Criminal Law at the University of Vienna. Bettina Weisser (Dr jur, University of Konstanz) is Professor of Criminal Law and Director of the Institute for Comparative Criminal Law at the University of Cologne. Monika Stempkowski (Dr ius, University of Vienna) is a postgraduate researcher in the Department of Criminal Law and Criminology at the University of Vienna. She is also a trained clinical psychologist and practices as a mediator. Gian Ege (Dr ius, University of Zurich) is Assistant Professor of Criminal Law and Criminal Procedure Law at the University of Zurich.
