ORGANISED CRIME
Samenvatting
Joren Brauwers
Academiejaar 2025-2026
, H1: THE DISCOVERY OF ORGANISED CRIME:
DEFINITIONS AND CONCEPTUALIZATION
1. INTRODUCTION
WHAT IS ORGANIZED CRIME?
Organised crime is when a group of people work together in a planned way to commit serious crimes over a long
period of time, usually to make money or gain power, often using violence, threats, or corruption, for example in
activities like drug trafficking, human trafficking, fraud, or money laundering.
- The “true meaning” of “organized”, is NOT that organized crime is more dangerous than other types of
crime. The “organisation” part of “organized crime” means it has a certain structure/network and a
social function that can challenge or undermine the authority of the government.
o Example: In some places, like Sicily, the Mafia acted almost like an alternative government:
they offered protection, jobs, money, and their own “justice,” often using violence. They
sometimes replaced or corrupted official institutions like the police, courts, or politicians.
▪ DANGEROUS: This is dangerous because the state is based on the rule of law, while
organised crime rules through fear, violence, and extortion.
MAIN POINTS AS AN INTRODUCTION
1. Law enforcement is more than merely enforcing a rule or legal act; it does more than just follow the law.
We often think that the police only enforce rules written by lawmakers. This can be seen as the following example:
“Phenomenon → Legislation → Enforcement”: Usually, something is first seen as a social phenomenon (e.g. drug
trafficking, cybercrime). Then laws are made to criminalize or regulate it. Only after that can the enforcement act, so law
enforcement is the end point of a chain… = Wrong !!!!
- But in reality, police work also shapes new laws.
o Organised crime is a good example: police use the threat of organised crime to ask for more powers, such
as stronger weapons, more surveillance, access to data, or special laws (like infiltration laws).
- So law enforcement is not only applying the law, but also influencing what the law becomes in order to fight crime.
2. Organised crime is a “social construct”; It’s not one crime, but a label:
Organised Crime is NOT a single crime, it’s a label we give to a broad phenomenon…. “Organised crime” is not
one legal offence. It refers to a pattern of behaviour, networks, or activities. Specific acts within it (drug trafficking,
fraud, extortion, etc.) are crimes, but “organised crime” itself is more of an umbrella concept.
3. Enforcement and policies difficult without a clear view on the problem: the usefulness of the concept ‘organised’?
If we don’t define “organised crime” clearly, it’s hard to design good laws or policies
WHY ARE WE STRUGGLING WITH THE CONCEPT OF ORGANISED CRIME???
We struggle with the concept of organised crime because it has no single, clear definition. Its meaning has changed over
time, differs between countries, and is used in different ways by scholars, policymakers, and law enforcement. As a result,
organised crime became a broad and vague umbrella concept.
- Shift in meaning: Organised crime is NOT a FIXED concept, its meaning changes all the time
o Paoli and Vander Beken: Over time, thinking about organised crime has moved back and forth between
two ideas:
▪ WHO: they see organised crime as stable criminal groups or organisations (like the Mafia)
whose members are constantly involved in crime
▪ WHAT: they see organised crime as serious crimes done to make money, such as drug
trafficking or fraud, no matter who commits them.
o (!!!) Over time and place, some have emphasized the ‘Who’ while others have focused on the ‘What’
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, o So we struggle with the idea of organised crime because it has two meanings at the same time:
▪ Activities (the “what”) – it can mean the illegal things criminals do, like selling drugs, weapons,
or people, and crimes like money laundering, killing, or torture.
▪ Organisation (the “who”) – it can also mean the criminal group or network behind these
activities, a structured and organised team that plans and carries out the crimes.
- Shift in territorial scope: There is a change in the way people see organised crime
o Previously: Organised crime was mainly seen as a local problem, linked to racketeering (Racketeering is
when criminals force people or businesses to give them money by using threats, fear, or pressure, often
in an organised way
o Since 1990s (and now): Organised crime is seen as a GLOBAL problem, it’s transnational meaning criminal
networks operate across borders and between countries.
- Shift in legitimacy: Not all countries took it seriously at first, but since the 1990s, it has become a major focus for
governments and international organisations. New laws and policies were created to fight it, giving law
enforcement more powers and encouraging international cooperation
o Not everybody took it seriously: Except for the US and Italy, most nations did not regard OC as a serious
domestic problem until the late 1980s
o Global acceptance since the 1990s: Organised crime became an accepted concept for political policy and
scientific research WORLDWIDE, and NOT just in the USA and Italy. So since the 1990s a lot has been done
to combat organized crime:
▪ Ex: New laws: Governments created laws, action plans, and international treaties to combat OC.
▪ Ex: More powers for law enforcement: Police and prosecutors were given more powers to
investigate and prosecute organised crime
▪ Ex: Justification for criminal justice reforms: Fighting OC was used to introduce far-reaching criminal
justice reforms in several countries, particularly in Europe
▪ Ex: International focus on transnational crime: International organisations highlighted that OC
crosses borders (transnational), which allowed them to expand competencies and power and
coordinate policies between countries (harmonization)
2. HISTORY OF THE CONCEPT
THE AMERICAN ROOTS
1896: CONCEPT USED FOR THE FIRST TIME
The term “organised crime” was first used around 1896 in the annual report of the New
York Society for the Prevention of Crime. At that time, it referred mainly to protected
gambling and prostitution.
- How it worked: Criminals ran gambling and prostitution businesses, and politicians, police, and lawyers
often attended. If these officials lost money, they could owe the criminals, who could then blackmail
them or demand they looked the other way, allowing the criminals to operate freely.
1920S AND 1930S: PERIODE OF PROHIBITION
In the 1920s and 1930s, organized crime grew because of the “Prohibition” (alcohol was illegal). So criminals saw
an opportunity to create illegal markets for alcohol to fulfill the needs of the people.
- Efforts to define and discuss OC: At the point in time, acamdemics and commentators in the USA started
to define and discuss “organized crime” more seriously.
- Synonymous to “Racketeering”: Organised crime was often directly link with the crime of “racketeering”,
which means that criminals make money through illegal schemes, often by threatening, pressuring, or
cheating people.
o Common examples include:
▪ Extortion: forcing people to pay money to avoid harm
▪ Illegal gambling
▪ Fraud or scams
▪ Selling illegal goods like drugs or weapons
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, - “The Gang” (Thrasher, 1927) = This is often seen as the FIRST full-scale study of “organized crime”. Where
the author studied 1383 gangs in Chicago, to get a first look into the world of organized crime
o Structure: At that time, there were NO strict hierarchies or pyramids like in movies (Godfather:
no big boss, capos, soldiers). Criminals worked together when needed, forming a flexible network,
but there was NO bureaucracy.
o Links with the “Upper World”: These gangs had connections with the “upper world”: lawyers,
accountants, judges, and politicians.
▪ (!!!!): Certain specialized people—like doctors, lawyers, and politicians—were essential
for the gang to function, helping with protection, advice, or covering up crimes.
- Wickersham Commission: was the first federal government effort in the U.S. to study organised crime. But
at that time, the commission was MOSTLY concerned with the “what” of organised crime—that is, the
criminal activities themselves—rather than the “who”, meaning the people or groups behind the crimes.
o What > Who
AFTER WORLD WAR II (1945): FOCUS SHIFTED TO “WHO.”
As said before, the focus BEFORE WWII was mainly on the “what” of organized crime (the criminal activities themselves,
and the involvement of the upper world). This approach was called the “Wickersham approach”, but this was
abandoned after WWII. The focus shifted to the “who”: now attention was on the criminal groups and their members,
not the activities.
From the late 1940s, the “WHO” that they were focusing on were the foreign criminals (Italians)
who came to the USA and established well-organised & powerful gangs that could threaten
society and politics in America.
- Many Italians immigrated to New York at this time, and authorities saw that Italian
organised crime networks, like the famous Five Families, were being set up in the U.S.
o As a result organised crime was seen as a foreign, parasitic system trying to
influence or take over parts of American society. Meaning that these foreign
Italian mobsters were infiltrating the USA, and forming a huge threat to
American society.
1950-60: LA COSA NOSTRA
In the 1950s, this new “organisation-based approach” (WHO) that had been evolving through the late ‘40s
was formally introduced in 1950 with the Kefauver Senate Investigation Committee…
- Shifted focus: Instead of focusing on what crimes were done, the focus shifted to who was doing
them—especially the Italian-American Mafia (La Cosa Nostra)….
- La Cosa Nostra = main threat (alien conspiracy): At this time, Italian-American gangs were seen
as the main organised crime threat, even though other groups (Irish, Jewish) were active too.
This view stayed official in the U.S. for almost 30 years.
- Plan: There was a push for more federal involvement in enforcing gambling and drug laws
In 1963, Joe Valachi, a low-ranking member of the Mafia in New York, helped the FBI understand
the Mafia’s structure (the “Godfather-style” hierarchy)
- Story: After being arrested, a Mafia higher-up kissed him on the cheek. Valachi feared
it was a “kiss of death” (he thought they suspected he was a snitch), so he went to the
FBI for protection. He revealed everything about the Mafia’s organisation, breaking the
code of silence (omertà).
o He was the first to acknowledge the existence of the Cosa Nostra
- Consequences: Valachi’s testimony before the Senate was televised, which had a huge
public impact. After this, the ideas of organised crime and the Mafia (“godfather
structure” became fully merged in the public and policymaker imagination.
o Now in the public and politicians' eyes: organized crime = Mafia (Cosa Nostra)
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, During this time (1950s and 1960s) the idea that organized crime was ALL about the Italian-American Mafia became very
popular, especially in New York City. (Alien Conspiracy, it’s always the Italians)… Authorities even considered outlawing
(making it illegal) membership in La Cosa Nostra specifically, but this proposal was rejected.
- BUT: Many law enforcement officials, and members of the Federal Organised Crime Strike Forces (set up in the
late 1960s and early 1970s), were uncomfortable with the idea that all organised crime was Mafia-based.
o They started asking questions
▪ Ex: Was the organized crime only done by Italians?
▪ Ex: Did it always follow the “Godfather” hierarchy, or were other types of criminal networks
possible?
▪ …
1970: RICO ACT
The RICO Act (Racketeer Influenced and Corrupt Organizations Act) is a U.S. federal law passed in
1970 to fight organised crime. It makes it illegal for people to be part of a criminal enterprise
(organisation) that carries out a pattern of illegal activities (at least two crimes within ten years), like
fraud, bribery, drug trafficking, or extortion, and allows prosecutors to charge and punish the whole
group, not just individual crimes. It also lets the government seize money and property gained from
crime.
- Ex: A Mafia boss who never commits crimes personally can still be charged under RICO
because they run the criminal network, and can prosecute them with the crimes committed
by any of the members of the crime family
It does NOT only target the Cosa Nostra, but it’s broader…. It tackles every criminal enterprise who
commits patterns of illegal activities, so it also include smaller street gangs, motorcycle gangs,….
- However…….
o Justification for more police powers: The myth of a powerful, centralised Mafia
was often used to increase police budgets and pass new legislation. These laws
gave police extra tools, such as wiretapping, informants, and seizing criminal
assets.
o Public Perception: The public mainly saw organised crime as Mafia-related, which
reinforced the idea that OC was centralised and powerful (Godfather structure)
THE RISE OF THE ILLEGAL ENTERPRISE PARADIGM
After the RICO ACT (1970) there was a rise of the illegal enterprise paradigm in the USA, meaning that organised crime was
slowly evolving to a broader concept than only being linked to the Italian mafia (La Cosa Nostra).
- Idea of alien conspiracy was rejected by most American social scientists; there are other types of people who are
also part of a criminal enterprise, without being Italian. It’s not just the Italians who are involved in organised
crime…
o Shift back to WHAT (!!!!): AT that point in time, scientists switched back their attention to the “WHAT”
aspect of organised crime and NO LONGER the “Who” dimension.
▪ Where they started to focus on the fact that the purpose of organised crime is to financially
profit (make money) through crime, and mainly the supply of illegal products and services to
respond to public demands or needs.
o So they shifted to focus on the “market place” (supply and demand), that’s why there is a rise of the
expression “illicit” or “illegal enterprise” (business)
- Although the public opinion still follows the alien conspiracy: the vision of most people (law enforcement,…) was
still that the ITALIANS were the only ones who were linked to organised crime, but this led to discrimination of the
larger group of Italian-Americans BUT this idea was rejected by social scientists
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,WAR ON DRUGS
The RICO Act was established in a period characterized by the “war on drugs” (President Nixon), that’s why the RICO act did
not only focus on the Mafia, but instead introduced the concept of “illegal enterprise.”
President Nixon started the War on Drugs, targeting all kinds of drugs coming into the U.S. from abroad. The DEA was
created to fight drug trafficking, trying to infiltrate foreign cartels and domestic gangs, but they quickly realized that without
help from police in other countries (Colombia, Mexico, Belgium, etc.), they were helpless.
- That’s why: The U.S. then pushed other countries to cooperate internationally and train their police in American
techniques (like infiltration, undercover work, informants), where the USA would invite the best police officers of
that country to come to the FBI Academy.
o Refuse??: If Country refused to cooperate with the USA to combat organized crime and drugs they risked
economic or diplomatic pressure.
- Consequence: Export of the concept of organised crime as an instrument to increase international cooperation in
the fight against drugs and to transfer law enforcement techniques to other countries.
o = “McDonaldization” of organised crime: The U.S. exported its concept of organised crime and policing
strategies worldwide.
▪ The idea: organised crime enforcement is like McDonald’s—the same basic system works
everywhere, but local conditions (the “ingredients”) differ
EXAMPLES
The French Connection was a heroin trafficking network active during Vietnam war (where a lot of soldiers were addicted
to Heroin). When the USA WITHDREW from Vietnam in 1975, those organized crime (cartels) wanted to follow their
customers (US soldiers) to the USA
Opium from Turkey was processed into heroin in Marseille and then smuggled mainly to the United States. It supplied most
of the US heroin market at the time. Belgium was not the center of operations but sometimes served as a transit country
due to its ports (like Antwerp) and location. Belgian police also cooperated with French and US authorities during
investigations.
- Because Belgium was a transit country, the USA needed Belgium to adopt the concept of organized crime (we
didn’t know what it was), and the American tactics (infiltration, undercover work, informants,…) to deal with it.
o Ex: case of François, he was the head of the NEW “Criminal Intelligence Bureau” of the Belgian
Gendarmerie/Rijkswacht, and was trained by the FBI to fight organised crime and drug trafficking. He
came back and wanted a RICO-Act in Belgium (which allowed infiltration, the use of informants, create
false identities), BUT these tactics were NOT allowed under Belgian Law (it was before the BOM-
legislation, early 2000s)
▪ François tried using civilian informants and even attempted to buy and sell drugs to infiltrate
criminal organisations. However, criminals cheated him, stealing the drugs and giving him fake
money.
• After this failure, he began dealing drugs and providing information about police
operations to criminal groups, showing the risks of adopting these tactics without
proper legal frameworks.
PROBLEM
The problem is that the term “organised crime (OC)” started being used in two different ways at the same time:
1. The people – the criminals or groups doing the crimes (e.g., the Mafia).
2. The activities – the illegal acts they do (drugs, extortion, fraud, etc.).
This created a mix-up between offenders and offences, making reasoning circular: for example, “OC exists because
these people commit crimes, and these people commit crimes because OC exists.”
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,1980: OTHER GROUPS INVOLVED
As from the early 1980s, a lot of other organised crime entities (groups) listed next to La Cosa Nostra, such as :
- Outlaw motorcycle and prison gangs
- Colombian cartels
- The Japanese Yakuza
- Eastern European OC groups
- ...
1990: OC DISAPPEARED FROM US AGENDA
During the 1990s, organised crime (OC) disappeared from the US policy agenda, during this period Organised Crime was
NO longer the MAIN focus of the US Government.
- However: Interest in Organised Crime resurfaced around 2008
o Ex: US Department of Justice released the “Law Enforcement Strategy to Combat International
Organised Crime.”
o Ex: The Organised Crime Council was reconvened to coordinate efforts.
2020: INCREASED POLICY ATTENTION
In the 2020s, both the US and EU increased attention on organised crime:
- European Union: The EU adopted the “Fighting Organised Crime – EU Strategy 2021-2025”, targeting:
o Major criminal markets
o Corruption
o Financial aspects of organised crime
- United States: In the US, the United States Council on Transnational Organized Crime was established by
Executive Order in December 2021.
EUROPE (80 YEARS LATER, IT BECAME A EUROPEAN PROBLEM AS WELL)
Now what was the situation of organised crime in Europe?
- Italy and Spain were the only countries where organised crime was understood as strong criminal organisations
that could challenge the authority of the state (especially the Mafia in Italy). In most other European countries,
there were no Mafia-like organisations that threatened state governance.
o Italy became the archetype of organised crime: the Mafia was seen as the model of what organised crime
looks like. This image strongly influenced how the US and others thought about organised crime, even
though similar structures were rare in Europe.
- Until the early 1980s, the first European studies on organised crime showed that there were no formal Mafia
organisations in most European countries, no one found formal mafia organisations (no hard structures), except
for Italy and Spain… In Europe, there was NO Mafia but professional criminals working together in flexible networks
(Mack, 1972; Kerner, 1973)
o Since mid 1970s, Europe mainly adopted the illegal enterprise approach (except for Italy and Spain),
where in most countries organized crime was seen as an ILLEGAL enterprise (not the Godfather-Structure,
that we see in Italy and USA)… We see criminal entrepreneurs working together in networks, and these
collaborations could be temporary or long-term.
▪ Since this point on, the focus has remained on ILLEGAL MARKET ACTIVITIES (drugs, fraud,
smuggling,…), and the term “organised crime” became a successful and useful policy concept
(used by politicians, for their own benefit for example a larger budget)
TRANSNATIONAL ORGANISED CRIME
Since the late 1980s, organised crime has increasingly been seen as a cross-border problem. Crimes were no longer
limited to one country, so the term “transnational organised crime” (TOC) became common.
- The United States pushed strongly for this idea, because it wanted all countries to cooperate in the War on
Drugs. The message was: drug crime cannot be stopped without international help.
- In Europe, organisations like the Council of Europe, the Schengen countries, and the European Communities
began focusing on cross-border crime, such as drug trafficking and smuggling.
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, In the 1990s, the United Nations fully adopted and institutionalized the concept of transnational organised crime.
- The term became official after the 1994 World Ministerial Conference, where it was formally introduced and
then dominated international discussions for many years
BUT IMPORTANT NOTE
Important note: The strong focus on the transnational aspect can be misleading, because not all organised crime is
international. Many organised crimes are still local or national, even if the concept suggests otherwise.
3. DEFINING ORGANIZED CRIME
THE PROBLEM OF DEFINITION
WHY IS A CLEAR DEFINITION IMPORTANT?
Having a clear definition of organised crime (OC) is very important, because it affects many things:
- Laws: what is criminalised and how
- Investigations and prosecutions: what police and prosecutors are allowed to do
- Research: how scholars study and measure OC
- International cooperation: how countries help each other across borders (e.g. extradition)
- Public support: whether citizens support strong policies and funding to fight OC
WHY IS DEFINING OC SO DIFFICULT??
The more different opinions there are about what OC is, the more complicated laws and policies become. At this point in
time legal definitions in criminal law are often NON-EXISTENT, TOO VAGUE (unclear) or TOO BROAD (covering too many
different things.
- Finckenauer (2005) said that agreeing on one common definition of OC has always been a problem for both
research and policy, because “everyone has an opinion” about what organised crime is.
o What’s the problem: A 1986 report by the U.S. President’s Commission on Organised Crime stated that
the real difficulty is NOT the word “crime”, but the word “organised”—because it is unclear how organised
a group must be to count as OC.
o 8 dimensions: Finckenauer identified 8 dimensions/characteristics as a starting framework for thinking
about what “organized crime” is, and what “criminal organisations” are:
▪ (1) Ideology (or lack of it) = Organised crime is usually not ideological (unlike terrorism). The
main goal is money, not beliefs—although crime can sometimes finance terrorism (Crime-
Terror Nexus)
▪ (2) Structure / hierarchy = Traditionally, OC had leaders and followers in a clear hierarchy
(Godfather-structure), but today many groups work in loose networks instead of strict “boss
systems.”
▪ (3) Continuity = Organised crime continues over time, even if individual members are arrested
or leave.
▪ (4) Violence or threat of force = Violence or threats are used to control victims, intimidate
competitors, or enforce extortion.
▪ (5) Restricted membership = In the past, membership was limited (e.g. by ethnicity or family),
but today some markets (like drugs) are more open and opportunity-based.
▪ (6) Illegal enterprises = The main goal of OC is making profit through illegal activities.
▪ (7) Penetration of legitimate businesses = Criminal groups often invest in legal businesses to
make money, gain status/influence, or launder money.
▪ (8) Corruption = Organised crime uses corruption to avoid police attention and to influence
officials, courts, or politicians.
o What is essential to a definition according to Finckenauer?: According to him, 2 elements are essential:
▪ (1) the ability to use (and the reputation for using) violence or the threat of violence to facilitate
criminal activities and, in certain instances, to gain or maintain monopoly control over particular
criminal markets; and
▪ (2) the fact that OC employs/uses corruption of public officials
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, o Characteristics re-appear in legal and official definitions of OC: Many of the above characteristics
of Finckenauer, re-appear in legal and official definitions of Organised crime
▪ The most obvious distinction: “organised” -> does not include random, unplanned,
individual criminal acts. Instead, it focuses exclusively on planned, rational acts that reflect
the effort of groups of individuals.
WHAT IS ORGANIZED CRIME? 2 MAIN TYPES OF ACTIVITIES
Not all organised crime is “Organised Crime” (OC): Some crimes are well organised, but that does not automatically
mean they are organised crime. Organised crime (OC) is only one type of organised criminal behaviour.
- White Collar Crime: White Collar Crime relates to and overlaps with Organised Crime, but there are significant
differences, for example
o White Collar Crime: happens within a legal business, and that type of crime (e.g., fraud) is often a
deviation (afwijking) from the normal LEGAL business activities.
▪ WCC can be committed by one or more persons <-> OC by definition by more persons.
o Organised Crime: This is crime committed by and continuing CRIMINAL (illegal) ENTERPRISE, that
focuses mainly on making a profit from illegal activities.
- Terrorism: is also related to and overlaps with “organized crime”, but there are differences:
o Terrorism
▪ Has a political or ideological goal (>< OC has a financial goal)
▪ Uses crime to intimidate people or pressure governments
▪ Can be done by groups or single individuals (lone wolves) (>< Organised Crime)
o Overlap with OC: Terrorist groups may use organised crime activities (e.g. drug trafficking,
smuggling) to raise money This link is recognised in the UN Convention on Transnational Organized
Crime (Crime-Terror Nexus)
▪ The crime–terror nexus describes how organised crime and terrorism can be connected.
• (1) No Relationship: Terrorist, drug trafficking and human trafficking groups
remain independent but operate within the same area
• (2) Alliances and operational relationships: Terrorist and criminal groups form a
mutually-beneficial alliance and exchange operational support
• (3) Convergence (bijeenkomen van…): Previously independent criminal and
terrorist groups alter their original aims and tactics and morph into a single entity
that exhibits the features of both.
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, LEGAL DEFINITIONS IN THE US
Robert Blakey, the “father of the RICO concept,” noted that legal definitions are often vague or
constitutionally unclear, risking violations of rights like freedom of association.
- However in 1968 there was the Omnibus Crime Control and Safe Streets Act, which was the
first and ONLY definition contained in US Statute
o Definition: ‘OC = the unlawful activities of the members of a highly organised,
disciplined association engaged in supplying illegal goods and services, including but
not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering and other unlawful
activities of members of organisations’
o Easily explained: Organised crime was defined as the illegal activities of members of highly
organised, disciplined groups involved in crimes like gambling, prostitution, loan sharking, drugs,
labor racketeering, and other unlawful activities.
- Organised Crime Control Act (1970): No definition of organised crime
- Later strategies, such as the Law enforcement Strategy to Combat International Organised Crime and
Obama Strategy to Combat Transnational Organised Crime, made NO REAL ADJUSTMENTS
o Idea: Organised Crime was still understood as a set of criminal organisations, primarily interested
in pursuing PROFIT with CRIME, only now the INTERNATIONAL ELEMENT was added!!!
o Definition: ‘OC refers to those self-perpetuating associations of individuals who operate
internationally for the purpose of obtaining power, influence, monetary and/or commercial gains,
wholly or in part by illegal means, while protecting their activities through a pattern of corruption
and/or violence’
Modern understanding: There is no single structure for organised crime. Groups can be hierarchies, clans, networks,
or cells and can change structure over time. This reflects international research and policy, acknowledging the
diversity of organised crime today.
LEGAL DEFINITIONS IN EUROPE
IMPORTANT MESSAGE
Do not study these definitions by heart; it’s an illustration of how different countries have gone about defining organised
crime. There is only one definition you need to know why heart, and that is the one of the United Nations
From the early 1980s, organised crime began receiving a lot of media and political attention across almost all European
countries. Almost all European official or semi-official definitions of organised crime are based on the illegal enterprise
approach
- In most European countries, the media and politicians often focus on the Mafia, giving the impression that
organised crime is like Italy’s Mafia. Official definitions, however, usually take a broader approach:
o They define organised crime as all forms of profit-driven criminal activity (entrepreneurial crime).
Sometimes they make small references to traditional Mafia-style groups, but it is mostly “lip service”—
not the main focus.
ITALY
Italy was the first country to pass laws specifically targeting organised crime.
- 1965: First law addressing the Mafia was introduced.
- 1982: The Criminal Code added Article 416bis, defining the specific crime of “mafia-type criminal
association”. This was one of the first attempts internationally to define an organised crime
association in law.
o Definition: A mafia-type delinquent association consists of three or more persons, and
those who belong to it make use of the power of intimidation afforded by the associative bond and the
state of subjugations and criminal silence (omerta) which derives from it to commit crimes, to acquire
directly or indirectly the management or control of economic activities, concessions, authorisations or
public contracts and services, either to gain unjust profits or advantages for themselves or for others
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Samenvatting
Joren Brauwers
Academiejaar 2025-2026
, H1: THE DISCOVERY OF ORGANISED CRIME:
DEFINITIONS AND CONCEPTUALIZATION
1. INTRODUCTION
WHAT IS ORGANIZED CRIME?
Organised crime is when a group of people work together in a planned way to commit serious crimes over a long
period of time, usually to make money or gain power, often using violence, threats, or corruption, for example in
activities like drug trafficking, human trafficking, fraud, or money laundering.
- The “true meaning” of “organized”, is NOT that organized crime is more dangerous than other types of
crime. The “organisation” part of “organized crime” means it has a certain structure/network and a
social function that can challenge or undermine the authority of the government.
o Example: In some places, like Sicily, the Mafia acted almost like an alternative government:
they offered protection, jobs, money, and their own “justice,” often using violence. They
sometimes replaced or corrupted official institutions like the police, courts, or politicians.
▪ DANGEROUS: This is dangerous because the state is based on the rule of law, while
organised crime rules through fear, violence, and extortion.
MAIN POINTS AS AN INTRODUCTION
1. Law enforcement is more than merely enforcing a rule or legal act; it does more than just follow the law.
We often think that the police only enforce rules written by lawmakers. This can be seen as the following example:
“Phenomenon → Legislation → Enforcement”: Usually, something is first seen as a social phenomenon (e.g. drug
trafficking, cybercrime). Then laws are made to criminalize or regulate it. Only after that can the enforcement act, so law
enforcement is the end point of a chain… = Wrong !!!!
- But in reality, police work also shapes new laws.
o Organised crime is a good example: police use the threat of organised crime to ask for more powers, such
as stronger weapons, more surveillance, access to data, or special laws (like infiltration laws).
- So law enforcement is not only applying the law, but also influencing what the law becomes in order to fight crime.
2. Organised crime is a “social construct”; It’s not one crime, but a label:
Organised Crime is NOT a single crime, it’s a label we give to a broad phenomenon…. “Organised crime” is not
one legal offence. It refers to a pattern of behaviour, networks, or activities. Specific acts within it (drug trafficking,
fraud, extortion, etc.) are crimes, but “organised crime” itself is more of an umbrella concept.
3. Enforcement and policies difficult without a clear view on the problem: the usefulness of the concept ‘organised’?
If we don’t define “organised crime” clearly, it’s hard to design good laws or policies
WHY ARE WE STRUGGLING WITH THE CONCEPT OF ORGANISED CRIME???
We struggle with the concept of organised crime because it has no single, clear definition. Its meaning has changed over
time, differs between countries, and is used in different ways by scholars, policymakers, and law enforcement. As a result,
organised crime became a broad and vague umbrella concept.
- Shift in meaning: Organised crime is NOT a FIXED concept, its meaning changes all the time
o Paoli and Vander Beken: Over time, thinking about organised crime has moved back and forth between
two ideas:
▪ WHO: they see organised crime as stable criminal groups or organisations (like the Mafia)
whose members are constantly involved in crime
▪ WHAT: they see organised crime as serious crimes done to make money, such as drug
trafficking or fraud, no matter who commits them.
o (!!!) Over time and place, some have emphasized the ‘Who’ while others have focused on the ‘What’
1
, o So we struggle with the idea of organised crime because it has two meanings at the same time:
▪ Activities (the “what”) – it can mean the illegal things criminals do, like selling drugs, weapons,
or people, and crimes like money laundering, killing, or torture.
▪ Organisation (the “who”) – it can also mean the criminal group or network behind these
activities, a structured and organised team that plans and carries out the crimes.
- Shift in territorial scope: There is a change in the way people see organised crime
o Previously: Organised crime was mainly seen as a local problem, linked to racketeering (Racketeering is
when criminals force people or businesses to give them money by using threats, fear, or pressure, often
in an organised way
o Since 1990s (and now): Organised crime is seen as a GLOBAL problem, it’s transnational meaning criminal
networks operate across borders and between countries.
- Shift in legitimacy: Not all countries took it seriously at first, but since the 1990s, it has become a major focus for
governments and international organisations. New laws and policies were created to fight it, giving law
enforcement more powers and encouraging international cooperation
o Not everybody took it seriously: Except for the US and Italy, most nations did not regard OC as a serious
domestic problem until the late 1980s
o Global acceptance since the 1990s: Organised crime became an accepted concept for political policy and
scientific research WORLDWIDE, and NOT just in the USA and Italy. So since the 1990s a lot has been done
to combat organized crime:
▪ Ex: New laws: Governments created laws, action plans, and international treaties to combat OC.
▪ Ex: More powers for law enforcement: Police and prosecutors were given more powers to
investigate and prosecute organised crime
▪ Ex: Justification for criminal justice reforms: Fighting OC was used to introduce far-reaching criminal
justice reforms in several countries, particularly in Europe
▪ Ex: International focus on transnational crime: International organisations highlighted that OC
crosses borders (transnational), which allowed them to expand competencies and power and
coordinate policies between countries (harmonization)
2. HISTORY OF THE CONCEPT
THE AMERICAN ROOTS
1896: CONCEPT USED FOR THE FIRST TIME
The term “organised crime” was first used around 1896 in the annual report of the New
York Society for the Prevention of Crime. At that time, it referred mainly to protected
gambling and prostitution.
- How it worked: Criminals ran gambling and prostitution businesses, and politicians, police, and lawyers
often attended. If these officials lost money, they could owe the criminals, who could then blackmail
them or demand they looked the other way, allowing the criminals to operate freely.
1920S AND 1930S: PERIODE OF PROHIBITION
In the 1920s and 1930s, organized crime grew because of the “Prohibition” (alcohol was illegal). So criminals saw
an opportunity to create illegal markets for alcohol to fulfill the needs of the people.
- Efforts to define and discuss OC: At the point in time, acamdemics and commentators in the USA started
to define and discuss “organized crime” more seriously.
- Synonymous to “Racketeering”: Organised crime was often directly link with the crime of “racketeering”,
which means that criminals make money through illegal schemes, often by threatening, pressuring, or
cheating people.
o Common examples include:
▪ Extortion: forcing people to pay money to avoid harm
▪ Illegal gambling
▪ Fraud or scams
▪ Selling illegal goods like drugs or weapons
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, - “The Gang” (Thrasher, 1927) = This is often seen as the FIRST full-scale study of “organized crime”. Where
the author studied 1383 gangs in Chicago, to get a first look into the world of organized crime
o Structure: At that time, there were NO strict hierarchies or pyramids like in movies (Godfather:
no big boss, capos, soldiers). Criminals worked together when needed, forming a flexible network,
but there was NO bureaucracy.
o Links with the “Upper World”: These gangs had connections with the “upper world”: lawyers,
accountants, judges, and politicians.
▪ (!!!!): Certain specialized people—like doctors, lawyers, and politicians—were essential
for the gang to function, helping with protection, advice, or covering up crimes.
- Wickersham Commission: was the first federal government effort in the U.S. to study organised crime. But
at that time, the commission was MOSTLY concerned with the “what” of organised crime—that is, the
criminal activities themselves—rather than the “who”, meaning the people or groups behind the crimes.
o What > Who
AFTER WORLD WAR II (1945): FOCUS SHIFTED TO “WHO.”
As said before, the focus BEFORE WWII was mainly on the “what” of organized crime (the criminal activities themselves,
and the involvement of the upper world). This approach was called the “Wickersham approach”, but this was
abandoned after WWII. The focus shifted to the “who”: now attention was on the criminal groups and their members,
not the activities.
From the late 1940s, the “WHO” that they were focusing on were the foreign criminals (Italians)
who came to the USA and established well-organised & powerful gangs that could threaten
society and politics in America.
- Many Italians immigrated to New York at this time, and authorities saw that Italian
organised crime networks, like the famous Five Families, were being set up in the U.S.
o As a result organised crime was seen as a foreign, parasitic system trying to
influence or take over parts of American society. Meaning that these foreign
Italian mobsters were infiltrating the USA, and forming a huge threat to
American society.
1950-60: LA COSA NOSTRA
In the 1950s, this new “organisation-based approach” (WHO) that had been evolving through the late ‘40s
was formally introduced in 1950 with the Kefauver Senate Investigation Committee…
- Shifted focus: Instead of focusing on what crimes were done, the focus shifted to who was doing
them—especially the Italian-American Mafia (La Cosa Nostra)….
- La Cosa Nostra = main threat (alien conspiracy): At this time, Italian-American gangs were seen
as the main organised crime threat, even though other groups (Irish, Jewish) were active too.
This view stayed official in the U.S. for almost 30 years.
- Plan: There was a push for more federal involvement in enforcing gambling and drug laws
In 1963, Joe Valachi, a low-ranking member of the Mafia in New York, helped the FBI understand
the Mafia’s structure (the “Godfather-style” hierarchy)
- Story: After being arrested, a Mafia higher-up kissed him on the cheek. Valachi feared
it was a “kiss of death” (he thought they suspected he was a snitch), so he went to the
FBI for protection. He revealed everything about the Mafia’s organisation, breaking the
code of silence (omertà).
o He was the first to acknowledge the existence of the Cosa Nostra
- Consequences: Valachi’s testimony before the Senate was televised, which had a huge
public impact. After this, the ideas of organised crime and the Mafia (“godfather
structure” became fully merged in the public and policymaker imagination.
o Now in the public and politicians' eyes: organized crime = Mafia (Cosa Nostra)
3
, During this time (1950s and 1960s) the idea that organized crime was ALL about the Italian-American Mafia became very
popular, especially in New York City. (Alien Conspiracy, it’s always the Italians)… Authorities even considered outlawing
(making it illegal) membership in La Cosa Nostra specifically, but this proposal was rejected.
- BUT: Many law enforcement officials, and members of the Federal Organised Crime Strike Forces (set up in the
late 1960s and early 1970s), were uncomfortable with the idea that all organised crime was Mafia-based.
o They started asking questions
▪ Ex: Was the organized crime only done by Italians?
▪ Ex: Did it always follow the “Godfather” hierarchy, or were other types of criminal networks
possible?
▪ …
1970: RICO ACT
The RICO Act (Racketeer Influenced and Corrupt Organizations Act) is a U.S. federal law passed in
1970 to fight organised crime. It makes it illegal for people to be part of a criminal enterprise
(organisation) that carries out a pattern of illegal activities (at least two crimes within ten years), like
fraud, bribery, drug trafficking, or extortion, and allows prosecutors to charge and punish the whole
group, not just individual crimes. It also lets the government seize money and property gained from
crime.
- Ex: A Mafia boss who never commits crimes personally can still be charged under RICO
because they run the criminal network, and can prosecute them with the crimes committed
by any of the members of the crime family
It does NOT only target the Cosa Nostra, but it’s broader…. It tackles every criminal enterprise who
commits patterns of illegal activities, so it also include smaller street gangs, motorcycle gangs,….
- However…….
o Justification for more police powers: The myth of a powerful, centralised Mafia
was often used to increase police budgets and pass new legislation. These laws
gave police extra tools, such as wiretapping, informants, and seizing criminal
assets.
o Public Perception: The public mainly saw organised crime as Mafia-related, which
reinforced the idea that OC was centralised and powerful (Godfather structure)
THE RISE OF THE ILLEGAL ENTERPRISE PARADIGM
After the RICO ACT (1970) there was a rise of the illegal enterprise paradigm in the USA, meaning that organised crime was
slowly evolving to a broader concept than only being linked to the Italian mafia (La Cosa Nostra).
- Idea of alien conspiracy was rejected by most American social scientists; there are other types of people who are
also part of a criminal enterprise, without being Italian. It’s not just the Italians who are involved in organised
crime…
o Shift back to WHAT (!!!!): AT that point in time, scientists switched back their attention to the “WHAT”
aspect of organised crime and NO LONGER the “Who” dimension.
▪ Where they started to focus on the fact that the purpose of organised crime is to financially
profit (make money) through crime, and mainly the supply of illegal products and services to
respond to public demands or needs.
o So they shifted to focus on the “market place” (supply and demand), that’s why there is a rise of the
expression “illicit” or “illegal enterprise” (business)
- Although the public opinion still follows the alien conspiracy: the vision of most people (law enforcement,…) was
still that the ITALIANS were the only ones who were linked to organised crime, but this led to discrimination of the
larger group of Italian-Americans BUT this idea was rejected by social scientists
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,WAR ON DRUGS
The RICO Act was established in a period characterized by the “war on drugs” (President Nixon), that’s why the RICO act did
not only focus on the Mafia, but instead introduced the concept of “illegal enterprise.”
President Nixon started the War on Drugs, targeting all kinds of drugs coming into the U.S. from abroad. The DEA was
created to fight drug trafficking, trying to infiltrate foreign cartels and domestic gangs, but they quickly realized that without
help from police in other countries (Colombia, Mexico, Belgium, etc.), they were helpless.
- That’s why: The U.S. then pushed other countries to cooperate internationally and train their police in American
techniques (like infiltration, undercover work, informants), where the USA would invite the best police officers of
that country to come to the FBI Academy.
o Refuse??: If Country refused to cooperate with the USA to combat organized crime and drugs they risked
economic or diplomatic pressure.
- Consequence: Export of the concept of organised crime as an instrument to increase international cooperation in
the fight against drugs and to transfer law enforcement techniques to other countries.
o = “McDonaldization” of organised crime: The U.S. exported its concept of organised crime and policing
strategies worldwide.
▪ The idea: organised crime enforcement is like McDonald’s—the same basic system works
everywhere, but local conditions (the “ingredients”) differ
EXAMPLES
The French Connection was a heroin trafficking network active during Vietnam war (where a lot of soldiers were addicted
to Heroin). When the USA WITHDREW from Vietnam in 1975, those organized crime (cartels) wanted to follow their
customers (US soldiers) to the USA
Opium from Turkey was processed into heroin in Marseille and then smuggled mainly to the United States. It supplied most
of the US heroin market at the time. Belgium was not the center of operations but sometimes served as a transit country
due to its ports (like Antwerp) and location. Belgian police also cooperated with French and US authorities during
investigations.
- Because Belgium was a transit country, the USA needed Belgium to adopt the concept of organized crime (we
didn’t know what it was), and the American tactics (infiltration, undercover work, informants,…) to deal with it.
o Ex: case of François, he was the head of the NEW “Criminal Intelligence Bureau” of the Belgian
Gendarmerie/Rijkswacht, and was trained by the FBI to fight organised crime and drug trafficking. He
came back and wanted a RICO-Act in Belgium (which allowed infiltration, the use of informants, create
false identities), BUT these tactics were NOT allowed under Belgian Law (it was before the BOM-
legislation, early 2000s)
▪ François tried using civilian informants and even attempted to buy and sell drugs to infiltrate
criminal organisations. However, criminals cheated him, stealing the drugs and giving him fake
money.
• After this failure, he began dealing drugs and providing information about police
operations to criminal groups, showing the risks of adopting these tactics without
proper legal frameworks.
PROBLEM
The problem is that the term “organised crime (OC)” started being used in two different ways at the same time:
1. The people – the criminals or groups doing the crimes (e.g., the Mafia).
2. The activities – the illegal acts they do (drugs, extortion, fraud, etc.).
This created a mix-up between offenders and offences, making reasoning circular: for example, “OC exists because
these people commit crimes, and these people commit crimes because OC exists.”
5
,1980: OTHER GROUPS INVOLVED
As from the early 1980s, a lot of other organised crime entities (groups) listed next to La Cosa Nostra, such as :
- Outlaw motorcycle and prison gangs
- Colombian cartels
- The Japanese Yakuza
- Eastern European OC groups
- ...
1990: OC DISAPPEARED FROM US AGENDA
During the 1990s, organised crime (OC) disappeared from the US policy agenda, during this period Organised Crime was
NO longer the MAIN focus of the US Government.
- However: Interest in Organised Crime resurfaced around 2008
o Ex: US Department of Justice released the “Law Enforcement Strategy to Combat International
Organised Crime.”
o Ex: The Organised Crime Council was reconvened to coordinate efforts.
2020: INCREASED POLICY ATTENTION
In the 2020s, both the US and EU increased attention on organised crime:
- European Union: The EU adopted the “Fighting Organised Crime – EU Strategy 2021-2025”, targeting:
o Major criminal markets
o Corruption
o Financial aspects of organised crime
- United States: In the US, the United States Council on Transnational Organized Crime was established by
Executive Order in December 2021.
EUROPE (80 YEARS LATER, IT BECAME A EUROPEAN PROBLEM AS WELL)
Now what was the situation of organised crime in Europe?
- Italy and Spain were the only countries where organised crime was understood as strong criminal organisations
that could challenge the authority of the state (especially the Mafia in Italy). In most other European countries,
there were no Mafia-like organisations that threatened state governance.
o Italy became the archetype of organised crime: the Mafia was seen as the model of what organised crime
looks like. This image strongly influenced how the US and others thought about organised crime, even
though similar structures were rare in Europe.
- Until the early 1980s, the first European studies on organised crime showed that there were no formal Mafia
organisations in most European countries, no one found formal mafia organisations (no hard structures), except
for Italy and Spain… In Europe, there was NO Mafia but professional criminals working together in flexible networks
(Mack, 1972; Kerner, 1973)
o Since mid 1970s, Europe mainly adopted the illegal enterprise approach (except for Italy and Spain),
where in most countries organized crime was seen as an ILLEGAL enterprise (not the Godfather-Structure,
that we see in Italy and USA)… We see criminal entrepreneurs working together in networks, and these
collaborations could be temporary or long-term.
▪ Since this point on, the focus has remained on ILLEGAL MARKET ACTIVITIES (drugs, fraud,
smuggling,…), and the term “organised crime” became a successful and useful policy concept
(used by politicians, for their own benefit for example a larger budget)
TRANSNATIONAL ORGANISED CRIME
Since the late 1980s, organised crime has increasingly been seen as a cross-border problem. Crimes were no longer
limited to one country, so the term “transnational organised crime” (TOC) became common.
- The United States pushed strongly for this idea, because it wanted all countries to cooperate in the War on
Drugs. The message was: drug crime cannot be stopped without international help.
- In Europe, organisations like the Council of Europe, the Schengen countries, and the European Communities
began focusing on cross-border crime, such as drug trafficking and smuggling.
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, In the 1990s, the United Nations fully adopted and institutionalized the concept of transnational organised crime.
- The term became official after the 1994 World Ministerial Conference, where it was formally introduced and
then dominated international discussions for many years
BUT IMPORTANT NOTE
Important note: The strong focus on the transnational aspect can be misleading, because not all organised crime is
international. Many organised crimes are still local or national, even if the concept suggests otherwise.
3. DEFINING ORGANIZED CRIME
THE PROBLEM OF DEFINITION
WHY IS A CLEAR DEFINITION IMPORTANT?
Having a clear definition of organised crime (OC) is very important, because it affects many things:
- Laws: what is criminalised and how
- Investigations and prosecutions: what police and prosecutors are allowed to do
- Research: how scholars study and measure OC
- International cooperation: how countries help each other across borders (e.g. extradition)
- Public support: whether citizens support strong policies and funding to fight OC
WHY IS DEFINING OC SO DIFFICULT??
The more different opinions there are about what OC is, the more complicated laws and policies become. At this point in
time legal definitions in criminal law are often NON-EXISTENT, TOO VAGUE (unclear) or TOO BROAD (covering too many
different things.
- Finckenauer (2005) said that agreeing on one common definition of OC has always been a problem for both
research and policy, because “everyone has an opinion” about what organised crime is.
o What’s the problem: A 1986 report by the U.S. President’s Commission on Organised Crime stated that
the real difficulty is NOT the word “crime”, but the word “organised”—because it is unclear how organised
a group must be to count as OC.
o 8 dimensions: Finckenauer identified 8 dimensions/characteristics as a starting framework for thinking
about what “organized crime” is, and what “criminal organisations” are:
▪ (1) Ideology (or lack of it) = Organised crime is usually not ideological (unlike terrorism). The
main goal is money, not beliefs—although crime can sometimes finance terrorism (Crime-
Terror Nexus)
▪ (2) Structure / hierarchy = Traditionally, OC had leaders and followers in a clear hierarchy
(Godfather-structure), but today many groups work in loose networks instead of strict “boss
systems.”
▪ (3) Continuity = Organised crime continues over time, even if individual members are arrested
or leave.
▪ (4) Violence or threat of force = Violence or threats are used to control victims, intimidate
competitors, or enforce extortion.
▪ (5) Restricted membership = In the past, membership was limited (e.g. by ethnicity or family),
but today some markets (like drugs) are more open and opportunity-based.
▪ (6) Illegal enterprises = The main goal of OC is making profit through illegal activities.
▪ (7) Penetration of legitimate businesses = Criminal groups often invest in legal businesses to
make money, gain status/influence, or launder money.
▪ (8) Corruption = Organised crime uses corruption to avoid police attention and to influence
officials, courts, or politicians.
o What is essential to a definition according to Finckenauer?: According to him, 2 elements are essential:
▪ (1) the ability to use (and the reputation for using) violence or the threat of violence to facilitate
criminal activities and, in certain instances, to gain or maintain monopoly control over particular
criminal markets; and
▪ (2) the fact that OC employs/uses corruption of public officials
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, o Characteristics re-appear in legal and official definitions of OC: Many of the above characteristics
of Finckenauer, re-appear in legal and official definitions of Organised crime
▪ The most obvious distinction: “organised” -> does not include random, unplanned,
individual criminal acts. Instead, it focuses exclusively on planned, rational acts that reflect
the effort of groups of individuals.
WHAT IS ORGANIZED CRIME? 2 MAIN TYPES OF ACTIVITIES
Not all organised crime is “Organised Crime” (OC): Some crimes are well organised, but that does not automatically
mean they are organised crime. Organised crime (OC) is only one type of organised criminal behaviour.
- White Collar Crime: White Collar Crime relates to and overlaps with Organised Crime, but there are significant
differences, for example
o White Collar Crime: happens within a legal business, and that type of crime (e.g., fraud) is often a
deviation (afwijking) from the normal LEGAL business activities.
▪ WCC can be committed by one or more persons <-> OC by definition by more persons.
o Organised Crime: This is crime committed by and continuing CRIMINAL (illegal) ENTERPRISE, that
focuses mainly on making a profit from illegal activities.
- Terrorism: is also related to and overlaps with “organized crime”, but there are differences:
o Terrorism
▪ Has a political or ideological goal (>< OC has a financial goal)
▪ Uses crime to intimidate people or pressure governments
▪ Can be done by groups or single individuals (lone wolves) (>< Organised Crime)
o Overlap with OC: Terrorist groups may use organised crime activities (e.g. drug trafficking,
smuggling) to raise money This link is recognised in the UN Convention on Transnational Organized
Crime (Crime-Terror Nexus)
▪ The crime–terror nexus describes how organised crime and terrorism can be connected.
• (1) No Relationship: Terrorist, drug trafficking and human trafficking groups
remain independent but operate within the same area
• (2) Alliances and operational relationships: Terrorist and criminal groups form a
mutually-beneficial alliance and exchange operational support
• (3) Convergence (bijeenkomen van…): Previously independent criminal and
terrorist groups alter their original aims and tactics and morph into a single entity
that exhibits the features of both.
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, LEGAL DEFINITIONS IN THE US
Robert Blakey, the “father of the RICO concept,” noted that legal definitions are often vague or
constitutionally unclear, risking violations of rights like freedom of association.
- However in 1968 there was the Omnibus Crime Control and Safe Streets Act, which was the
first and ONLY definition contained in US Statute
o Definition: ‘OC = the unlawful activities of the members of a highly organised,
disciplined association engaged in supplying illegal goods and services, including but
not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering and other unlawful
activities of members of organisations’
o Easily explained: Organised crime was defined as the illegal activities of members of highly
organised, disciplined groups involved in crimes like gambling, prostitution, loan sharking, drugs,
labor racketeering, and other unlawful activities.
- Organised Crime Control Act (1970): No definition of organised crime
- Later strategies, such as the Law enforcement Strategy to Combat International Organised Crime and
Obama Strategy to Combat Transnational Organised Crime, made NO REAL ADJUSTMENTS
o Idea: Organised Crime was still understood as a set of criminal organisations, primarily interested
in pursuing PROFIT with CRIME, only now the INTERNATIONAL ELEMENT was added!!!
o Definition: ‘OC refers to those self-perpetuating associations of individuals who operate
internationally for the purpose of obtaining power, influence, monetary and/or commercial gains,
wholly or in part by illegal means, while protecting their activities through a pattern of corruption
and/or violence’
Modern understanding: There is no single structure for organised crime. Groups can be hierarchies, clans, networks,
or cells and can change structure over time. This reflects international research and policy, acknowledging the
diversity of organised crime today.
LEGAL DEFINITIONS IN EUROPE
IMPORTANT MESSAGE
Do not study these definitions by heart; it’s an illustration of how different countries have gone about defining organised
crime. There is only one definition you need to know why heart, and that is the one of the United Nations
From the early 1980s, organised crime began receiving a lot of media and political attention across almost all European
countries. Almost all European official or semi-official definitions of organised crime are based on the illegal enterprise
approach
- In most European countries, the media and politicians often focus on the Mafia, giving the impression that
organised crime is like Italy’s Mafia. Official definitions, however, usually take a broader approach:
o They define organised crime as all forms of profit-driven criminal activity (entrepreneurial crime).
Sometimes they make small references to traditional Mafia-style groups, but it is mostly “lip service”—
not the main focus.
ITALY
Italy was the first country to pass laws specifically targeting organised crime.
- 1965: First law addressing the Mafia was introduced.
- 1982: The Criminal Code added Article 416bis, defining the specific crime of “mafia-type criminal
association”. This was one of the first attempts internationally to define an organised crime
association in law.
o Definition: A mafia-type delinquent association consists of three or more persons, and
those who belong to it make use of the power of intimidation afforded by the associative bond and the
state of subjugations and criminal silence (omerta) which derives from it to commit crimes, to acquire
directly or indirectly the management or control of economic activities, concessions, authorisations or
public contracts and services, either to gain unjust profits or advantages for themselves or for others
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