Rendering Maltese law more responsive to the fight against organised crime

Abstract

In today's world some of the most senous offences are those involving more than one individual working within a structural framework for the purpose of achieving the illicit scope. However, it is little known that most of these activities fall under one and the same umbrella as well as possibly being monitored by one and the same source. The fulcrum of these activities are organised crime groups which work even in contact with other such groups in different parts of the world purposely for the acquisition of power and profit through the exercise of these unlawful practices. Considering the nature and gravity of the phenomenon, which has increasingly invited close analysis by experts and has generated a substantial amount of literature, this thesis will focus on various aspects of organised crime with a view to identifying the most appropriate strategies which could be developed in order to bring under control if not eliminate organised crime activity. This study will also focus on the Maltese context in order to determine how the situation in Malta can be improved upon in particular from a legislative perspective. In order to analyse the measures, which can be applied against organised crime, it is first important to trace the history of the phenomenon that will in tum help us identify its nature by analysing its fundamental elements. What are the characteristics of organised crime, and what distinguishes it from other criminal activities, which could be categorised on the same level? In order to answer this question, it is important to attempt to formulate a generally acceptable definition of organised crime in the light of the numerousattempted definitions and the controversies raised in their regard. This thesis will also focus on the elements of complicity and conspiracy in various countries of the world, including Malta and establish whether the characteristics of either one or both of them could be assimilated to the aspect of organised crime. If so can one argue that the provisions applicable in their regard can be used as tools to combat any eventuality of organised crime? With regards to the strategies against organised crime, this thesis will refer to a number of national and international strategies from a legal perspective, both substantively and procedurally. Once again the national strategies of a number of countries are considered and analysed in order to determine whether there are any suitable strategies in the Maltese legal system, what these are and the way they can be improved and rendered more adaptable to the global fight against organised crime. Special reference shall be made to the United Nations Convention against Organised Crime, which has been elaborated recently as well as to some other important acts or instruments of a national or international character.