1. Protected & Collaborating Witnesses

2. Theory of the Dislocation of Organized Crime
Investigation of Organized Crime cases can apply
The theorem Falcone-Buscetta
Collation and exchange of information
Go from down to up in the organization’s structure

3. How does the dislocation work?
Organization’s Head

4. Who Collaborates? They are necessarily criminals or associates.
They have usually committed crimes, including violent ones
But: They are the only ones that know about the organization
Giovanni Falcone: “I would like to have Mother Theresa of Calcutta as collaborating witness”
(Unfortunately she did not know anything about criminal activities)

5. Differences Protection of Witnesses
System use to protect witnesses threatened and intimidated by the Criminal Organization
Collaborating Witness or beneficiary
To belong to a Criminal Organization or to be associated to it
To collaborate effectively
To obtain a benefit (reduction of sentence or immunity) for information, in order to :
Know
Arrest
Try and condemn
Dislocate the organization

6. Collaborating Witness
Different Cases :
Not prosecuted
Under investigation
Under trial
Sentenced to jail

7. What are they looking for?
Immunity
No to be tried for crimes committed
Benefits for Collaboration
Obtain a lower sentence
Reduce his/her actual sentence
Protect his/her life and the life of his/her family

8. Immunity Problems: Immunity must be an exception In Continental Law :
Obligation of the Criminal Action
Liability of the criminal behavior
The retributive function of the sentence & the attention to victims
In Common Law :
Immunity must be an exception
(Principle of subsidiarity)

9. The Plea Bargain in U.S. Law
Negotiation between the Attorney Office and the defendant to obtain a plea of guilty about some crimes, in order not to be charged with other ones (subject to judicial authorization)
Reason to accept it :
to knock down the impunity
to make economy
In practice between 80% and 90% of the cases in the U.S. are applying Plea Bargain
The Criminal Justice System can work with higher standards

10. When is the Immunity Justified?
When there is a correlation between the forgiven crimes and the information offered
In cases of violent crimes, the immunity will most probably not be granted

11. Collaborating Witnesses
Obtaining Benefits :
A less important sentence or a reduction of sentence
The people who will be sentenced, foresee limited sentence.
Example:
Sentenced to 20 years imprisonment with already 6 years spent in jail. Could go out immediately.
Problems with people not sentenced yet (Mexico) Lawyers tend to say that they can set them free

12. Reasons for a Witness to Collaborate
Get out of prison
Reduce the sentence
Protection
To avoid criminal charges against a beloved one
They are always personal uncertain reasons to testify (Ex. Hate, resentment, revenge)

13. Problems of the Negotiation
Trust in the person that will testify
To write a Negotiation Agreement

14. Examination Distinguish among:
What he/she saw could be verified (including with a polygrapher)
What he/she heard, could be the truth but might have nothing to do with the facts involved in the investigation
What he/she interpreted

15. Remember The witnesses know about many criminal facts
Sometimes they mix facts
It is necessary to analyze the particularities of each case
Witnesses tend to exaggerate the power of their own criminal organizations