Doctrines of Complicity and Criminal Networks: A Comparative Study of Argentina and England (provisional title)
The aim of this thesis is to perform a comparative analysis of Argentina, England and Wales by studying the theories behind their respective doctrines of complicity. This work assesses for each jurisdiction the capability to accurately respond to social dynamics in the field of organised crime, and produce fair and effective outcomes for society.
The questions addressed by this research are as follows. First, how do Argentina and England and Wales understand and implement theories of complicity? Second, how do the two jurisdictions approach the attribution of responsibility in cases involving Organised Crime Groups (OCGs)? Finally, to what extent is their understanding of complicity capable of coping with the social dynamics underpinning modern criminal enterprises?
To address these questions, I perform content analysis of doctrine and case law; evaluation of academic studies both on the law of complicity and organised crime; and interviews to specialised prosecutors in both jurisdictions. The findings will be tested against contemporary criminological and criminal law models as well as their ability to produce fair and effective answers to new trends in organised crime research.
The research findings of this thesis have a high impact on criminal justice, for they urge to rethink the system on a multidisciplinary basis. Furthermore, they enable a better understanding of the relation between crime policies, law enforcement strategies and criminal law, while also representing an interpellation to the law on its capability to produce accurate solutions for society. Thus, this research sheds light on the work of prosecutors, judges, practitioners and law enforcement agents, in relation to organised crime and how to address it. Ultimately, this work will give better insight into the balance between individual rights and effectiveness against crime.
Santiago graduated as a Lawyer specialised in Criminal Law from the University of Buenos Aires. Before and after graduation he worked for the law firm Wortman Jofre-Isola Abogados for three years; at the Attorney General’s Office of the City of Buenos Aires for three years; and in the Chamber of Appeals in Criminal Affairs of the City of Buenos Aires for one years. After that, he graduated from an LL.M. in Criminal law and Criminal Science at the University Pompeu Fabra and University of Barcelona; and from an M.Sc. in Organised Crime, Terrorism and Security at the University of Essex, with honours.