Il processo di verifica della Convenzione di Palermo sul Crimine organizzato transnazionale nell’esperienza italiana

Abstract

Taking its cue from Manfred Maiwald's contribution on the possibilities and limits of harmonisation processes in criminal law, this contribution considers the specific ways in which this general trend in contemporary criminal justice systems is reflected in the 2000 Palermo UN-Convention on Transnational Organised Crime (UNTOC). In particular, Article 32 is dedicated to the subsequent implementation of the Convention in the domestic legal systems of the States Parties, entrusting this task to the Conference of the States Parties, which has only recently succeeded in launching the specific verification instrument. After considering the main alternatives in the systems for evaluating international instruments, the study examines the essential characteristics of the mechanism for the Palermo Convention, pointing out its similarities with that of the 2003 Merida UN-Convention against Corruption. It then looks at the Italian experience as a concrete example to test the degree of implementation of the Palermo Convention, focusing on the central problem of the definition of ‘transnational organised crime group’. In light of the analysis developed, it concludes that the objective of harmonisation – undoubtedly useful for better combating certain forms of contemporary crime – cannot overlook the specific characteristics and particular needs of the various legal systems and their respective dogmatic traditions.