Fighting Organized Crime, with Particular Reference to Mafia Crimes in Italy

The special legal regulation of mafia crimes in Italy operatesat very different levels: at that of investigations, of criminalproceedings, of sentencing and of imprisonment. This legal regimeis based on a double track treatment, which generally speaking,is very harsh, but may turn especially lenient whenever a personopts out of a criminal group and decides to cooperate with theprosecution. In the daily fight against mafia crimes as wellas criminal offences perpetrated by other criminal organizationsor ‘associations’, the role of ‘cooperatingwitnesses’ has proven to be of pivotal importance. Anotheruseful prosecutorial tool developed by the Italian courts isthe notion of ‘external support to mafia associations’,although this now needs to be laid down in legislation. It is,in this writer's experience, the coordination of investigationsthat is critical to the prosecution and punishment of mafiacrimes, and to the dismantlement of mafia associations.