ДЕФИНИЦИЈА ОРГАНИЗОВАНОГ КРИМИНАЛИТЕТА У НЕМАЧКОЈ
DEFINITION OF ORGANIZED CRIME IN GERMANY

Summary/Abstract: This paper analyzes definition of organized crime in Germany. Considering the fact that this crime type is not specified in German Criminal Code, author first presents theoretical and practical approaches. On the other hand, in article 129. of Criminal Code of Germany criminal offence of forming criminal organisations is defined. According to this article, whosoever forms an organisation the aims or activities of which are directed at the commission of offences or whosoever participates in such an organisation as a member, recruits members or supporters for it or supports it, shall be liable to imprisonment not exceeding five years or a fine. Criminal organization is not specified. Instead, it is left to be interpreted by the courts. In order to respect principle of legal certainty, it is very important to determinate concept of criminal organization. In this paper author also presents criminological aspect of organized crime in Germany, considering that already mentioned theoretical and practical approaches are dependant upon it’s phenomenological and etiological characteristics. Comparison of different definitions leads to a several conclusions. First, practical approach, based on determination of organized crime in 1990., and theoretical definitions do not specify this concept in the same way. Also, the difference can be seen between these two approaches and empirical data. According to conducted researches, organized crime in Germany can not be compared with Italian or American organized crime. Consequently, proposed theoretical and practical definitions are not congruent with existing organized crime in Germany. Necessary elements of criminal organisation, specified by the courts, also show difference between legal and all other analysed definitions.

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