The evolution of European Union criminal law (1957-2012)

This provision portrays a criminal organisation in a wide fashion. The first striking
element of the definition is the requirement of only three members for an association to
be considered a criminal organisation. Indeed, the idea that one has of a criminal
organisation is usually not one association with only three members. Other elements are
also left open for interpretation as, for example, the notion of ‘financial or material
benefits.’ Is a material benefit of £100 or £200 enough to be included in the range of the
concept of organised crime And what can be considered a material benefit
Furthermore, no specification is given to what is to be considered ‘a period of time’
(hence how long does a group need to be existent and operational to be considered a
criminal association) besides the exclusion of groups formed for the immediate
formation of offences. Moreover, the structure of the group can also be rather loose, its
members do not need to a have a defined role nor particular continuity in their
membership. The most solid element of the definition seems indeed to be the seriousness
of the crime which needs to be punishable by a maximum sentence of at least 4 years.
No reference to specific crimes is made, which raises some uncertainty as different legal
orders might punish similar crimes in a diverse manner.
This wide scope contrasts with definitions proposed by many authors along the past
decades which have tended to be more detailed and narrower. 590 Abadinsky, for
example, mentions eight attributes of an organised crime group, namely the lack of
political goals (the aims of an organised crime group are money and power), hierarchy,
limited or exclusive membership, has a unique subculture, perpetuates itself (hence it
shall survive beyond the life of current memberships), exhibits willingness to use illegal
violence, is monopolistic and is governed by explicit rules and regulations. 591 Maltz
identifies four main characteristics, namely varieties of the crimes committed, an
organised structure, the use of violence and corruption. 592 Likewise, Calderoni
emphasises four essential elements to define a criminal organisation, namely continuity,
violence, enterprise and immunity, and notes how these characteristics have allowed for
a distinction between mere ‘crimes that are organised’ and ‘organised crime’. 593
590 For an overview and comparison of literature on the definition of organised crime see is it
definitely F.E. Hagan, “’Organized Crime’ and ‘Organized Crime’: Indeterminate Problems of
Definition” (2006) 9 Trends in Organized Crime 127.
591 H. Abadinsky, Organized Crime, supra note 349, 3-5. See also W. Laqueur, The new
terrorism, supra note 433, 210-211.
592 M. D. Maltz, “On defining organised crime: the development of a definition and a typology”
(1976) 22 Crime and Delinquency 338, 338-340.
593 F. Calderoni, “A definition that could not work”, note 270 supra, 272-273. For a general
overview of the evolution of the concept of organised crime in the literature see A. Wright,
Organised Crime, supra note 433, 1-26.
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