El arrepentimiento en la criminalidad organizada

Abstract

We consider the study of this phenomenon, using the experience in Italy as a starting point, to be of special interest and cogency insofar as, on the one hand, criminal organizations are delinquent associations of long standing, powerful structure, deeply embedded in society and possessing a wealth of material means, but on the other hand, it would appear that when many “pentiti” abandon the organizations, an important number of successes has been reaped against this organized criminality. In chapter one, the introduction poses the questions: Does the Spanish legislation on this subject of collaborators of justice satisfy both the present internal needs and International requirements? How does it compare with the Italian system? How effective is it in the fight against organised crime? Chapter two follows with an analysis of organised crime in Italy from a conceptual and social point of view. In chapter three, International sources of law on this subject are reviewed. In particular we examine Resolution of the Council of the EU of 1996, Recommendation (Rec 2005) 9 of the Committee of Ministers of the Council of Europe, and the International Convention for the fight against Transnational Organised Crime (Palermo Convention) of 2000. Chapter four contains an analysis of the Italian system for the regulation of rewards and protection for people who collaborate with the national justice system. This includes a consideration of the history of pentitismo; the study of the 1991 Statute and its application; the challenges posed by the large number of pentiti who have come forward over a short period of time (after the murder of the Judges Falcone and Borsellino); and the subsequent collapse of the system and the new Statute of 2001; the decrees of development of the Statute concerning key issues such as change of identity (temporary or permanent), or the resocialisation of pentiti after trial and sentence, or other specific protection afforded to them. In chapter five both substantial and procedural criminal rules on the subject in Spanish legislation have been studied. In the Spanish Criminal Code there are two types of articles that can be applied to these situations: the traditional mitigating circumstances, of confession of guilt and redress of damages, and the newly introduced articles for terrorism and organised crime offences. The possible application of the ‘Statute for the Protection of Witnesses and Experts (Ley 19/1994)’ has also been reviewed as have specific offences against these persons. In Chapter six, the psycho-social aspects of the protected witnesses situation is studied, and Chapters seven to ten include the discussion and conclusions, bibliography, and an appendix which contains the basic Statutes and International instruments object of study.