Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
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AUC IURIDICA, Vol 53 No 1 (2007), 151–172
Harmonizace skutkové podstaty trestného činu postihující účast na zločinecké organizaci
[Harmonising the Criminalization of a Participation in a Criminal Organization]
Jiří Vlastník
DOI: https://doi.org/10.14712/23366478.2025.25
published online: 23. 01. 2025
abstract
After an introductive part rapidly overviewing the development of organised crime and clarifying the role of a criminalization of a participation in a criminal organization the article is divided into three parts. In the first one it analyses different national legal approaches to a criminalization of various forms of a participation in a criminal organisation comparing the common law approach in the United Kingdom and a continental concept in its multiple forms in France, the Czech Republic and Slovakia. It points out at the very narrow link between the special “participation” offence and the general concept of criminalization of a preparation and attempt of a crime. In the second part the work studies the cornerstone of the international legal framework in this domain – the United Nations Convention against Transnational Organized Crime (so-called Palermo Convention). In the third and principal part the article looks in detail into the process of harmonization of the offence criminalizing the participation in a criminal organization, analysing the 1998 joint action and the proposal of a framework decision on the fight against organised crime in the Commision original version and then as amended by the Council. It focuses on the problem of an optional two-concept approach to the related offence pointing out at the close link to the mutual recognition of criminal decisions principle. Even if the new framework decision does not mean any qualitative step forward in the harmonization of the forms of participation in a criminal organisation it manifests the joint will of Member States to engage in a common approach to the fight against organised crime. The two-concept harmonization could maybe even become a model one in areas where the consensus is too bard to reach due to different historical and social roots of national legal orders.
keywords: Participation in a criminal organisation; conspiracy; organised crime; Palermo Convention; harmonisation
Harmonizace skutkové podstaty trestného činu postihující účast na zločinecké organizaci is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478