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Наказателноправната уредба на ЕС за противодействие на организираната престъпност
EU Criminal Law framework for combating organized crime

Author(s): Plamen Panayotov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: CRIMINAL LAW // In this research paper the EU Criminal Law Framework is investigated. The focus is put on two aspects of it which have their own independent significance within the criminal law system despite being connected to each other. The former deals with the setting up and participation in groups that should be treated as structures of organized crime. The latter deals with commission of crimes by already set up groups of organized crime. Here, in practice, any kind of crime can be involved other than creating and being a member in organized crime group. As a result of the analysis of the major features of the legal framework in question and of the Bulgarian legislation’s compliance with it, certain conclusions are reached, and recommendations are made. First, the definition of ‘organized crime’ needs further refinement. Second, the criminal law policy of the EU should find much clearer and more precise directions in the development of legal norms not only with respect to setting up and participating in criminal organizations but also with respect to the crimes committed by the members of such criminal organizations. Third, the new EU criminal law framework should be fully consistent with the differentiation of the criminal liability for organized crime, and, accordingly, it should formulate the basic standards for its punishment. Fourth, Bulgaria has not rendered yet its criminal legislation in conformity with the basic legal instrument of the EU in the concerned area - COUNCIL FRAMEWORK DECISION 2008/841/JHA of 24 October 2008 on the fight against organised crime.

  • Issue Year: LII/2011
  • Issue No: 1
  • Page Range: 56-70
  • Page Count: 15
  • Language: Bulgarian