Organized crime group. Aspects of comparative law

• Author: M.M. Bârsan/M.M. Cardis
• Position: Law Department, Transilvania University of Brasov/Student at Law Faculty, Transilvania University of Brasov
• Pages: 153-160

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

ORGANIZED CRIME GROUP.

ASPECTS OF COMPARATIVE LAW

M.M. BÂRSAN1 M.M. CARDIŞ2

Abstract: As we can clearly notice nowadays, one of the main objectives of

the United Nations and of the international intergovernmental organizations

such as the UN is that of creating a space of freedom, security and justice

without frontiers, a space in which crime is prevented and fought, a space

which provides a high degree of security by preventing and fighting crime

through measures of coordination and cooperation between the police and

other competent authorities, as well as by mutually acknowledging the

criminal sanctions and by aligning the criminal laws.

Key words: organized crime, cooperation, group, imprisonment.

1 Law Department, Transilvania University of Braşov.

2 Student at Law Faculty, Transilvania University of Brasov.

1. Introduction

Thus, we can see that the most important

law in regard to fighting crime is the

United Nations Convention against

Transnational Organized Crime, a

document whose object is „promoting

cooperation in order to prevent and

efficiently fight transnational organized

crime”( Article 1, Convention against

Transnational Organized Crime)[5].

The reasons for passing this convention

are quite numerous: some of those were

the basis of the motivation of the European

Parliament’s resolution [10] whereby it

urges the Commission to elaborate a

proposal of a directive by which any

association with the mafia and other

organized crime group becomes a crime in

all member states and the crime

organizations which profit just by their

simple existence, by intimidating and

threatening with the purpose of committing

a crime or influencing the economy or

public offices or the electoral system are

subsequently sanctioned.

The economically developed states

have basically acted on the impulse on

limiting the damage caused to their

budgets by the phenomenon of organized

crime as a result of these actions.

At the same level, it was also noticed

that organized crime generates substantial

costs, violating human rights and

undermining the democratic regulations,

by embezzling and wasting financial,

human and other types of resources, by

distorting the free market, the legal

economical activities, by favoring

corruption, by polluting and destroying the

environment. Seeing that there are

sufficient judicial and inquiry evidence

which prove that, in some member states,

organized crime is infiltrated and

consolidated in the political environment,

in the public administration and legal

economy, the possibility of such

infiltration in the rest of the UN was