Summary

In this article, the topic of criminal organisations is approached from the standpoint of a prosecutor in charge of pre-trial procedures and representing the prosecution in court in cases related to organised crime. The author gives his observations accumulated over a long period of practical experience and commitment to this topic. The article addresses the concept of a criminal organisation, its definition in the Palermo Convention and Estonian Penal Code (including a discrepancy between the basic terms of the Palermo Convention and corresponding penal provisions of Estonia) and their definition in court practice. A more thorough analysis is given about the delimitation of a group and a criminal organisation – something that comes to the forefront time and again. Furthemore, issues related to public security are addressed, though they are not necessary elements of a criminal organisation; however, the author believes that ignoring considerations arising out of legal rights would devalue the concept of criminalisation of criminal organisations and would be contrary to its fundamental objective, which is to give an adequate estimation of infringements whose scope or nature is such that they cannot be fought against with conventional necessary elements of the special part. Finally, criminal organisations are compared to legal enterprises, concluding that criminal organisations are essentially highly rational undertakings.