Attributing Criminal Liability in Organized Crime: Doctrinal Challenges and Legal Responses

Abstract Book of the 11th International Conference on Advanced Research in Social Sciences and Humanities

Year: 2026

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Attributing Criminal Liability in Organized Crime: Doctrinal Challenges and Legal Responses

Dr. Ștefănoaia Mihai

ABSTRACT:

Attributing criminal liability in organized crime contexts poses significant doctrinal and practical challenges, driven by the structural complexity, adaptability, and transnational reach of criminal networks. This paper critically examines the mechanisms through which criminal responsibility is assigned to individuals operating within organized groups, focusing on the differentiation of roles, the fragmentation of conduct, and the evidentiary difficulties inherent in proving intent and participation. Traditional models of liability—centered on direct perpetration—are increasingly strained when applied to decentralized or hierarchical criminal structures, where actions are dispersed and often indirectly executed.
The analysis further explores the evolution of legal doctrines such as joint criminal enterprise, conspiracy, and accomplice liability, assessing their adequacy in addressing contemporary forms of organized crime, including human trafficking and cyber-enabled offenses. Particular attention is given to the interaction between domestic legal systems and international frameworks, emphasizing the role of harmonization and mutual legal assistance in ensuring effective prosecution.
Ultimately, the paper argues for a recalibration of criminal liability standards that preserves fundamental procedural safeguards while enhancing the capacity of legal systems to respond to the operational realities of organized crime.

Keywords: Criminal Liability; Organized Crime; Attribution of Responsibility; Joint Criminal Enterprise; Conspiracy; Accomplice Liability; Transnational Crime; Human Trafficking; Evidentiary Challenges; Mutual Legal Assistance