Human rights, criminal procedure and organized crime

Authors

  • Mario Chiavario

Keywords:

Human rights, Criminal procedure, Organized crime, Emergency legislation, Procedural guarantees

Abstract

The article examines the relationship between human rights, criminal procedure and organized crime, highlighting the tension between the protection of individual guarantees and the demands of social defense against organized crime. He analyzes the 1988 Italian criminal procedure reform and the resurgence of the mafia phenomenon, which gave rise to emergency legislation establishing a "double track" procedural regime, with repercussions on adversarial proceedings and the right to evidence. He discusses the balancing of these demands in light of International Conventions and the Toledo Recommendations. He concludes with a call for justice that is truly equal for all, attentive to the rights of the weakest.

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Author Biography

Mario Chiavario

Professor.

References

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Published

1994-01-01

How to Cite

CHIAVARIO, Mario. Human rights, criminal procedure and organized crime. Brazilian Journal of Criminal Science, São Paulo, v. 5, n. 5, p. 25–36, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3280. Acesso em: 20 oct. 2026.

Issue

Section

International Doctrine
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