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NSfK’s 40. forskerseminar, Espoo, Finland 1998 To avoid confusion of organized crime per se and crime in a broader sense, various researchers have developed methods for distinguishing them. Donald Cressey places organized crime in quotation marks when he speaks of it in the popular sense, but omits the quotation marks when he uses the term in its scientific sense (Cressey, 1969). Michael Maltz distinguishes between organized crime (general meaning) and organized crime (specific meaning) (Maltz, 1985). Joseph Albini has proposed using the term syndicated crime for the specific form of organized crime (Albini, 1971). None of these proposals have caught on, however. If one wishes to use the term organized crime, he must isolate the distinctive features of such crime that will distinguish it from other forms of collective crime. Such a definition would focus on the power aspect of organized crime. The conclusive feature which distinguishes organized crime from all other forms of collective crime and makes organized crime a serious social problem is that organized crime comprises an economic and physical power factor that can place itself above customary laws and legal principles, either by the use of corruption or by threatening the authorities’ monopoly on the exercise of power. Thus, it can form a parallel power and authority that appropriates the official authorities’ tools of power and monopoly position in the areas of legal proceedings, the physical exercise of force, and taxation. It is these community-threatening traits that comprise the distinctive feature of organized crime and that actually make the case for the concept of organized crime: the establishment of a parallel social power structure with special rights and means of force, as well as the corruption of the judicial system and other authorities by means of economic or violent force. It is in these traits of organized crime—i.e. the methods used to commit and conceal criminal activity—that a descriptive and analytical definition should concentrate on. Why has the EU chosen to use such a broad and imprecise definition of organized crime? It is primarily for political reasons. By raising a number of broad criteria for organized crime, this type of crime is made to appear more extensive and serious than it would if more precise and limited criteria were used. And since organized crime has been defined previously in only a few member states and since, in general, it is difficult to define organized crime, it has been possible to define the scope of the joint concepts more freely than it would have been for criminal forms that had already been defined specifically. Presumably, the previously existing definitions have also helped dilute the criteria. Countries such as Italy, France, Portugal, and Germany already had national, penal definitions and, moreover, The Netherlands and the United Kingdom had operational definitions used by the national police authorities.6 Since the joint criteria were supposed to be based on—and, to a certain extent, to integrate previously existing national definitions and classifications, it was probably necessary to reach compromises that stand in the way of a more optimal form of classification and definition. A third reason is that this way of understanding organized crime has achieved international acceptance—presumably by virtue of United States’ influence on international police work, on legal cooperation, and particularly on the myth making of crimes. By using the concept of organized crime and linking the efforts against organized crime to the police and penal authorities within the EU, it is possible to tie into the popular, mass media-based myths of the Mafia, criminal syndicates, and an underworld that is an illegal copy of the law-abiding world (Bay, 1992). 6 The national definitions and classifications of organized crime are indicated in (Statewatch, 1994); (Arbejdsgruppen vedrørende Narkotika og Organiseret Kriminalitet, 1995) and (Adamoli et al., 1998). 32
NSfK’s 40. forskerseminar, Espoo, Finland 1998 Notes Part of this paper - in Danish - will later be published in (Bay, 1998). References Abadinsky, H.: Organized Crime. Nelson-Hall, Chicago, IL 1994 (4 Edition). Action plan no 97/C 251/01 adopted on 28.4.1997. Action plan to combat organized crime. Official Journal, 1997, C 251, 1. Adamoli, S., Di Nicola, A., Savona, E.U. and Zoffi, P.: Organised Crime Around the World. HEUNI, Helsinki 1998. Albini, J.L.: The American Mafia: Genesis of a Legend. Appleton-Century-Crofts, New York, NY 1971. Arbejdsgruppen vedrørende Narkotika og Organiseret Kriminalitet (1995a), Situationsrapport om organiseret kriminalitet i Den Europæiske Union i 1993, Bryssel, EU. 10166/4/94 ENFOPOL 144 REV 4. 27.2.1995. Arbejdsgruppen vedrørende Narkotika og Organiseret Kriminalitet (1995b), Situationsrapport om organiseret kriminalitet i Den Europæiske Union i 1994, Bryssel, EU. 10506/1/95 ENFOPOL 108 REV 1. Arbejdsgruppen vedrørende Narkotika og Organiseret Kriminalitet (1996), Situationsrapport om organiseret kriminalitet i Den Europæiske Union i 1995, Bryssel, EU. 10555/96 ENFOPOL 155. Arbejdsgruppen vedrørende Narkotika og Organiseret Kriminalitet (1997), Situationsrapport om organiseret kriminalitet i Den Europæiske Union i 1996, Bryssel, EU. 12447/1/97 ENFOPOL 219 REV 1. 1.12.1997. Bay, J.: ‘Myter og virkelighed omkring rocker-kriminalitet’. In: Lov & Ret, 2-1992, pp. 17- 21. Bay, J.: ‘Organiseret kriminalitet - definitioner og begreber i amerikansk forskning’. In: Kriminalistisk Instituts Årbog 1994. Balvig, F. (ed.). Kriminalistisk Institut, København 1995. Bay, J.: ‘Da organiseret kriminalitet blev indført til Danmark’. In: Nordisk Tidsskrift for Kriminologi. (Forthcoming) 1998. Committee on Civil Liberties and Internal Affairs (1996) Report on the draft Joint Action on making it a criminal offence to participate in a criminal organization in the Member States of the European Union, Strassburg, European Parlimant. A4-0349/97. 5.11.1997. Convention (1996), Convention relating to extradition between the Member States of the European Union. Official journal, 1996, C 313, 11ff. Cressey, D.: Theft of the Nation: The Structure and Operations of Organized Crime in America. Harper & Row, New York, NY 1969, European Parliament's resolution no A3-0033/94 adopted on 11.2.1994. Resolution on criminal activities in Europe. Official Journal, 1994, C 61, 235. Europol Convention nr 95/C 316/01 adopted on 26/07/1995. Convention based on article K.3 of the treaty on European Union, on the establishemnt of a European Police Office (Europol Convention). Official Journal, 1995, C 316, 1-33. Joint Action no 95/73/JHA: adopted on 10.3.1995. Joint Action Concerning the Europol Drugs Unit. Official Journal, 1995, L 62, 1. Joint Action no 96/747/RIA adopted on 29.11.1996. Joint Action concerning the creation and maintenance of a directory of specialized competences, skills and expertise in the fight against international organized crime. Official Journal, 1996, L 342, 2f. 33
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