The paper addresses possibilities, limits and conditions for criminal law intervention in the broad front of measures to counter organised crime. First, we exclude a merely temporary and contingent nature of the concerned phenomenon and, therefore, that the legislation against is limited to serious but always circumscribed emergency seasons. Then, the issue is verified under the two theories of the criminal law of the enemy and of criminal law “of fight”. The conclusion advocates against the utilization of such general formulas, for constitutional reasons as well as for the features of criminal law. It recommends that this important area of legislation be monitored in terms of individual standards and not in terms of overarching categories.
|Numero di pagine||31|
|Rivista||RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE|
|Stato di pubblicazione||Published - 2020|