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1
Molchanov, D. M. "A Crime Organizer in the General Part of the Criminal Code of the Russian Federation and Special Rules on Complicity of the Special Part." Actual Problems of Russian Law 16, no. 12 (November 22, 2021): 118–33. http://dx.doi.org/10.17803/1994-1471.2021.133.12.118-133.
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A paper provides a comprehensive study of the role of the organizer in crimes without compulsory complicity and in crimes prohibited by special provisions on complicity of the Special Part of the Criminal Code of the Russian Federation (Under the special rules on complicity in this work we understand two types of norms of the Criminal Code of the Russian Federation: 1) rules establishing responsibility for combining several persons into a criminal group — Art. 209, 210 and others; 2) establishing responsibility for instigators, organizers, accomplices and other accomplices directly in the Special Part of the Criminal Code of the Russian Federation — Art. 205.1, etc.). The paper considers the issues of distinguishing the role of the organizer from the role of the instigator to the commission of a crime and an accomplice in the commission of a crime. In judicial practice, errors are often encountered both in the form of excessive (when the instigator is recognized as the organizer) and in the form of insufficient qualifications (when the organizer is recognized only as an instigator or accomplice). Such a variant of over-qualification is also possible, when the organizer is recognized as both an accomplice and an instigator to committing a crime, although the role of the organizer should absorb these functions. The paper considers the issues of qualification of the actions of the organizer and other accomplices of the crime, when, in the process of directing the commission of the crime, the organizer changes the direction of the actions of the accomplices in comparison with the original plan of action. The Plenum of the Supreme Court of the Russian Federation in some decisions recommends not to take into account the role of the organizer when committing a crime as part of an organized group (to recognize him as a co-executor of the crime). In the educational literature, this is considered as a universal rule for qualifying crimes committed by an organized group. The Criminal Code of the Russian Federation does not provide grounds for such a qualification. In judicial practice, there is no uniformity on this issue. The role of the organizer in crimes without obligatory complicity distinguishes from the role of the organizer in organized groups and criminal communities (special rules on complicity) in that in the first situation the organizer is subject to responsibility only if preparations for a specific crime are started, and in the second situation, regardless of the crime preparation commencement, but from the moment the corresponding organized group or criminal community was created.
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Buszko, Andrzej. "Transformation Towards a Market Oriented Economy – an Impetus or Hindrance for Organized Crime in Poland?" Olsztyn Economic Journal 15, no. 1 (March 31, 2020): 5–22. http://dx.doi.org/10.31648/oej.5395.
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This article deals with the phenomenon of organized crime that has emerged as an urgent and serious problem in Poland during the transformation period. The solid background for organized crime group activity was created during the communist time. Due to the strong position of the police (that time called militia), and the security body, organized crime was not so well developed. After 1989, the organized crime groups (OCG) started to be more active, both in the domestic and the international market. The patterns of organized crime group activity were presented. So the main objective of the paper is to reveal the evolution of OCG activities and their scale in Poland. The organized crime groups have proven to be skillful in the exploitation of legal loopholes. The OCG became less violent, and focused more on economic crimes.
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Fujimoto, Kazunari. "Organized-crime-group Clause and Insurance Contract." Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE) 2013, no. 621 (2013): 621_89–621_109. http://dx.doi.org/10.5609/jsis.2013.621_89.
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Padalka, M. "CONCEPT OF CONSEQUENCES OF CRIME, THEIR PROPERTIES AND CRIMINALISTIC VALUES FOR THE INVESTIGATION OF ORGANIZED CRIME ACTIVITY IN THE FIELD OF TAXATION." Criminalistics and Forensics, no. 64 (May 7, 2019): 233–39. http://dx.doi.org/10.33994/kndise.2019.64.20.
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The article deals with theoretical approaches to the definition of the concept of traces of a crime, their forensic meaning and properties. It is determined that one of the most important elements of revealing the mechanism of criminal activity is a forensic description of crimes. It reflects the features of the method, as well as the signs of other elements of the structure of criminal activity. In view of this, in the structure of forensic characterization of tax crimes committed by an organized criminal group, we have formulated the features of this class of crime, its traces at certain stages of organized crime, which allows you to establish the basic element of forensic characteristics – the way of committing a crime, as well as place, time it committing and direct participants in organized crime activities. Key words: traces of crimes, forensic characteristic, organized criminal activity, taxation.
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Brandev, Atanas. "Legal Mechanism of Using Agent/s Undercover in Crime Detection of Organized Crime Group." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 141–44. http://dx.doi.org/10.2478/kbo-2020-0066.
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AbstractUsed by undercover agents in detecting and documenting crimes committed by the so-called. ‘Organized crime groups’ is a relatively poorly used but extremely effective method. The latter is a combination of criminal procedure and special laws and regulations. The full use of undercover agents requires further enhancement of the legal safeguards for the protection of the employees in question, as well as a clear distinction between acts performed by the employees in question, whether or not in connection with their undercover activities, with or without the implementation of different composition of crime. Attention should be paid to the mechanisms for the selection and joint training of the latter, including through the exchange of experience of EU partner services.
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Mondokhonov, Andrey N. "The problem about the development of the perspective the institute of complicity in the crime and its use in the modern circumstances." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 153–59. http://dx.doi.org/10.17816/rjls19134.
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The author of the research-based conclusion about the prospects of development of complicity in a crime and its enforcement in modern conditions. With a view to the unification of the Institute of complicity and group crime it is proposed to replace the qualifying trait of offences group of persons and a group of persons by prior conspiracy for classifying sign of committing crimes in complicity on involving persons who are not capable of criminal responsibility, exclude classifying sign of committing crime organized group with the criminalization of the creation, management and participation in an organized group. Based on the experience of international law, as well as criminal legislation of foreign countries, expedience implementation in Russian criminal legislation of quantitative criteria of differentiation of organized groups and irregular. Places particular emphasis on intensive development of information and telecommunication technologies, which makes the remoteness and hence the remoteness and anonymity of the involvement of accomplices in criminal activities, including terrorist, extremist, in drug crime.
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Thapa, Rabi Raj. "State Fragility and Organized Crime." Journal of APF Command and Staff College 2, no. 1 (December 16, 2019): 124–35. http://dx.doi.org/10.3126/japfcsc.v2i1.26752.
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There are always probabilities of strong relationships between transnational organized crime group, the government, semi-government agencies and irregular formations. Because, at the fundamental level, motivations and aspirations of all these agencies and groups may be similar, i.e. making as much money or profit as quickly as possible; whether in a semi-legitimate or illegitimate means and ways. For this, they will be ready to use any modus operandi; the end result and harm they cause to the nation and society will be the same. Therefore, more often it is also very difficult to distinguish them one from another. In this regard, they all can be termed “the silent partners” of the legitimate government agencies, semi-government corporations and the organized crime groups (OCGs) and wherever they belong: they converge at a single platform, i.e. the Organized Crime. Therefore, the silent partners of the Organized Crime Group can be any of these: a private party or person, a government officer or his office, a semi-government official or a group of people belonging to these organizations. There may be another similarity among these too;…i.e. they all do their utmost to avoid their appearance in public or willingly acknowledged their involvement in any form and deeds on such cooperative undertaking. There are many ways such organized syndicates apply their methods that may be soft, peaceful to even gruesomely violent means to get access to state power, money or government resources. In this regard, they may apply all types of legitimate and illegitimate means, to name the few, such as protection rackets, and capture public resources, seize of property and land forcibly in an illegitimate way, and eventually entry into the licit private sector by money laundering and other means.
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Cojocari, Ion. "Organized crime: criminal liability for the crime of organizing illegal migration." National Law Journal, no. 3(245) (February 2022): 93–101. http://dx.doi.org/10.52388/1811-0770.2021.3(245).10.
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Organized crime is a complex phenomenon. The key elements of the content of this phenomenon are addressed differently in the doctrine and regulatory acts of the Member States of the United Nations. The fight against organized crime is one of the most important issues for the entire world communityat the moment. This concern stems from the global spread of this phenomenon. This article defines the concepts of organized criminal group and criminal organization. Particular attention is paid to the term “criminal association”. In the article, the aggravation is related to the international standards on the fight against organized crime. A comparative legal-criminal analysis of the European Union Standards in the fight against organized crime is carried out. According to the Association Agreement concluded between the Republic of Moldova and the European Union, our country undertakes: “to prevent and combat all forms of organized crime, trafficking in human beings and corruption, as well as to intensify its cooperation in the fight against terrorism.” Ensuring the protection of an “organized criminal group” or “criminal organization” is a positive obligation of the state, which must pursue the legal purpose set out in the European Convention on Human Rights.
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Zhukova, S. S. "Organized Crime under Anglo-Saxon Criminal Law: Features of Legislative Regulation." Actual Problems of Russian Law 15, no. 1 (February 20, 2020): 151–60. http://dx.doi.org/10.17803/1994-1471.2020.110.1.151-160.
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The paper is devoted to the comparative legal analysis of the group commission of a crime under Anglo-Saxon criminal law. The commission of a crime in conspiracy has an increased public danger and poses a serious threat to each state and society as a whole. Foreign lawmakers take different approaches to the definition of organized crime, taking into account its heterogeneous nature. The author studies the specificity of the legislative regulation of variations in criminal groupings in common law countries. A comparative analysis of the legislative regulation of organized crime allows us to note the positive experience that can be used to improve domestic criminal law governing forms of conspiracy and law enforcement.The study notes that the criminal law of the Anglo-Saxon legal family is characterized by a low level of systematization of legislation and increased attention to the norms (decisions) expressed in the judicial precedent. At the same time, the existing criminal law standards governing the institution of conspiracy comply with international law. Some common law countries recognize a conspiracy between two or more persons for committing a crime as an organized crime group. It is important to note that this feature is also a characteristic of domestic criminal law. In accordance with Art. 32 of the Criminal Code of the Russian Federation, a conspiracy is the intentional joint participation of two or more persons in the commission of an intentional crime. At the same time, a significant difference between the criminal law of the Anglo-Saxon legal family is the legislative consolidation of the qualitative and quantitative criteria of group formations (criminal association, organized criminal group, gang) depending on the degree of public danger of their crimes.
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Andrianov, V. K. "Crime Commission by Organized Group: Issues of Legal Certainty." RUSSIAN JUSTICE 10 (October 2018): 90–97. http://dx.doi.org/10.17238/issn2072-909x.2018.10.90-97.
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H. Ratcliffe, Jerry, Steven J. Strang, and Ralph B. Taylor. "Assessing the success factors of organized crime groups." Policing: An International Journal of Police Strategies & Management 37, no. 1 (March 11, 2014): 206–27. http://dx.doi.org/10.1108/pijpsm-03-2012-0095.
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Purpose – Expert assessment of organized crime (OC) group capabilities is often the basis for national threat assessments; it is rare, however, for variations in collective expert opinions of OC success factors to be systematically evaluated. The purpose of this paper is to examine the differences in how 150 criminal intelligence experts from a variety of national and organizational backgrounds sort and organize perceived attributes for OC group success. Design/methodology/approach – The paper uses the Royal Canadian Mounted Police (RCMP) Sleipnir framework as a foundation for a Q-sort survey regarding the characteristics of OC group success. The survey was delivered to over 150 criminal intelligence specialists at a national conference in 2011. Descriptive statistics, seemingly unrelated regression, and biplots reveal different aspects of survey responses. Findings – Results show that perceptions of the ingredients for OC group success both vary by nationality and by analysts’ level within the hierarchy of the law enforcement structure (local, state, national). These differences are marked; particular characteristics are viewed as differentially important for the perceived success of OC groups. Furthermore, the results suggest that there are shared and structured differences in perceptions of OC group success characteristics. Research limitations/implications – The survey has identified distinct differences between the characteristics for OC group's success perceived by analysts in the USA, Canada, and beyond. Furthermore, the organizational level of the analyst (local, state, national) shapes the perceptions of success factors. It is possible variations identified merely reflect differentials in training and experience, i.e. different organizational perceptions of the same problem. That aside, the patterning of results seem likely to be based to some degree on external factors linked to OC group operations, and not just on individual characteristics of the surveyed intelligence professionals. Practical implications – The current research raises a number of questions regarding the confidence that should be placed in OC group assessments. The research has highlighted areas of professional dissonance that were not apparent from the RCMP Sleipnir research alone. Causes of the dissonance in assessments, and connections of these variations to both intelligence analysts’ experience, training, and organizational ethos; and to OC group capabilities, seem deserving of additional attention. Originality/value – Expert intelligence analyst interpretation of OC group capability is central to most national risk and threat assessments, yet the assessment processes themselves are rarely examined. This is a unique survey of over 150 intelligence personnel that highlights significant differences in perceptions of OC groups, differences that raise questions about how the authors evaluate the OC threat.
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Pūraitė, Aurelija. "Economic impact of organised crime to state security." Problems of Legality, no. 149 (June 10, 2020): 185–99. http://dx.doi.org/10.21564/2414-990x.149.201728.
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Organised crime is changing and becoming increasingly diverse in its methods, group structures and impact on society. This article aims to research, on the one hand, the impact of organized crime on state’s economy, on the other hand – to analyse the possible legal and economic measures tackling and preventing organized crime activities. The article contains results of the analysis of international, regional and national legal acts and the secondary analysis of statistical data of European Union agencies and international organizations. The author used a variety of methods: from selection and analysis of primary and secondary sources to descriptive, comparative and synthesis methods. Such analysis required multitudinous, broad and diverse base of empirical data, which were collected from the international, regional, national organizations and agencies, as well as scientific, operational and theoretical reports related to the issue of organised crime and impact of this phenomenon to the state and the society.
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김우승. "The Evolution of Organized Crime Group and the Organized Corruption Network in Current Russia." 중소연구 36, no. 2 (August 2012): 319–48. http://dx.doi.org/10.21196/aprc.36.2.201208.010.
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Yuzhikov, A. A. "AN ORGANIZED GROUP AS A QUALIFYING FEATURE OF THE CRIME." Vestnik Volzhskogo universiteta im. V.N. Tatishcheva 1, no. 3 (2021): 156–64. http://dx.doi.org/10.51965/2076-7919_2021_1_3_156.
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Burba, Vasyl, and Oleksandr Suvorov. "Particular Aspects of Infiltration into International Organized Crime Groups." Information Security of the Person, Society and State, no. 26 (2019): 33–39. http://dx.doi.org/10.51369/2707-7276-2019-2-4.
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The article deals with the practical issues of the infiltration of secret and full-time case officers and persons involved in confidential cooperation, into an organized criminal group and a terrorist organization. Key words: organized criminal group, case officer, the infiltration into a criminal group, cover story, operational investigative activity, intelligence activity.
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Aghazadeh, Alireza, Mohammadali Ardebili, Mohammad Ashouri, and Mohammadali Mahdavisabet. "Organized Smuggling of Goods in the Criminal Law of Iran and Turkey." Journal of Politics and Law 10, no. 5 (October 18, 2017): 24. http://dx.doi.org/10.5539/jpl.v10n5p24.
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Smuggling of goods, known as one of the most obvious instances of economic crimes, has done irreversible harms to the economic systems of countries through placing obstacles in the way of productive investment, undermining healthy competitions in business, and finally forming and expanding underground and hidden economies. Creating the areas of money laundering and committing transnationally organized crimes, smuggling jeopardizes the economic and political security of countries seriously. On the other hand, committing smuggling crimes in groups has led to the expansion and intensification of such actions and made it quite difficult for the criminal justice systems to identify and deal with them. Organized crimes, which are among more evolved forms of group crimes, influence different areas of society because such crimes are compulsorily accompanied by the prevalence of bureaucratic and financial corruption. In addition, such crimes have negative impacts on the cultures of societies. Based on the proportionality of crimes, punishments, and distributive justice and the theory of punishment, criminal policy makers, therefore, have considered the quality of committing smuggling crime, such as organization, in order to effectively deal with this phenomenon in different countries. They have also showed differentiating and strict reactions to this type of crime. The aim of the current study was to investigate the theoretical concepts and foundations of organized smuggling of goods in Iran and Turkey. It was also intended to study the legal approaches adopted by these countries to this type of crime along with the similarities and differences of their legal systems.
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SCHLOENHARDT, Andreas. "Fighting Organized Crime in the Asia Pacific Region: New Weapons, Lost Wars." Asian Journal of International Law 2, no. 1 (September 6, 2011): 137–67. http://dx.doi.org/10.1017/s2044251311000075.
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This article analyses offences dealing with the incrimination of organized crime under international and domestic laws in the Asia Pacific region and develops recommendations to improve existing and proposed provisions. The article frames the arguments for and against offences such as “participation in an organized crime group”, “gangsterism”, or “racketeering”, and critically examines the rationale, elements, and application of existing and proposed organized crime offences in the Asia Pacific.
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Maksimov, Sergey, Yury Vasin, and Kanat Utarov. "Digital Criminology as a Tool for Combating Organized Crime." Russian Journal of Criminology 12, no. 4 (September 14, 2018): 476–84. http://dx.doi.org/10.17150/2500-4255.2018.12(4).476-484.
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The starting point for the article is the growing importance of digital technologies in resolving the tasks of criminal policy. The authors present a definition of digitizing criminal policy: the introduction of quantitative methods of analyzing criminal phenomena and reacting to them (including the methods of mathematical statistics and mathematical modeling) in the practice of building and implementing a system of crime counteraction measures. They note that the low efficiency of criminal lawmaking mainly results from ignoring the necessity for a quantitative analysis of crime conditions, trends and the practice of crime counteraction. The authors stress that at present the decisions of lawmakers regarding the criminalization of organized criminal activities are not, as a rule, guided by the data of criminal statistics. The analysis of amendments to the Criminal Code of the Russian Federation from 1997 toо 2017 shows that the growth in the number of articles of the Special Part of the Code that establish a greater responsibility for organized criminal activities (+77,5 %) was almost twice as high as the growth in the number of articles in its Special Part (+39,2 %). From the viewpoint of Russian legislators, the greatest degree of organized criminalization today is typical of crimes against the property (82 % of corresponding articles refer to the qualifying feature of being committed by an organized group), as well as crimes against sexual integrity and sexual freedom of a person (80 %). This position does not agree with the statistical data of the law enforcement work on identifying and investigating the activities of organized groups, or sentencing their participants. The authors also prove the necessity of developing a mathematical model for the new concept of criminal policy that should be based not on the momentary challenges or unexpected problems in law enforcement, but rather on the stable trends of changing criminal phenomena. They suggest devising a road map of criminal policy solutions that would ensure a gradual substitution of a repressive model of counteracting organized crime mainly based on the growth in the number of special criminal law prohibitions and law enforcement personnel by a prevention model of such counteraction. Today digital criminology has a real chance of becoming part of the practice of combating organized crime.
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Clark, Mark. "Organised Crime: Redefined for Social Policy." International Journal of Police Science & Management 7, no. 2 (May 2005): 98–109. http://dx.doi.org/10.1350/ijps.7.2.98.65775.
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This article argues that the modern concept of problem-orientated policing requires that organised crime be redefined in sociological and political science terminology to identify opportunities for community-based policing initiatives to be utilised in undermining its institutional base. It seeks to redefine organised crime by its use of power and acts of victimisation. The article reviews a number of traditional organised crime groups by undertaking an historical power analysis process to substantiate this argument. It identifies the conditions and societies that gave rise to organised crime. It discusses the initial community or institutional purpose of the organised group and how it mutated to dominate by acts of criminal victimisation. The view is expressed that a victim-centred, problem-orientated policing policy is necessary to understand the legitimacy of organised crime in isolated communities and to remove barriers between the police and these communities. This view promotes the use of specially trained community police officers who are directly linked to other agencies engaged in suppressing organized crime to develop community capacity building to resist crime in isolated communities.
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Mirdad, Mohammad Ayub. "Taliban insurgency and transnational organized crime nexus." Masyarakat, Kebudayaan dan Politik 33, no. 3 (August 31, 2020): 266. http://dx.doi.org/10.20473/mkp.v33i32020.266-277.
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Afghanistan has been demolished by more than three decades of the ongoing war since the war against the Soviet Union started in 1979. The Afghanistan-Pakistan region provides a geographically secure location and a space of opportunity for organized crime and terrorist groups. This paper aims at exploring the Taliban nexus with organized crime groups in Afghanistan and the region through Makarenko’s crime-terror continuum theory. The method of this study is qualitative through the descriptive-analytical approach. The growing connection between insurgents and organized crime poses essential challenges to the region. Each group has developed both criminal and terrorist elements while not relinquishing its original organizing principle. Afghanistan is a war-torn country and weak governance, terrorism, narcotics, illegal mining, poor border control, and widespread corruption provide the perfect opportunity for convergence of the Taliban with organized criminal and insurgent groups in the region. The Taliban and organized crime groups are involved in kidnapping for ransom, drug trade, extortion, and exploitation of natural resources. The finding indicates that, although the objectives of the insurgent and organized crime organizations differ widely, these enabling variables are also suitable for organized crime organizations. The primary objective of organized crime is to gain profit, and the objective of the insurgent is to contest the state power and promote political change through violence. The economic sources are the primary main reason why the two organizations converge.
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Demchuk, S. D. "Criminal Law Characteristics of an Organized Group." Lex Russica, no. 8 (August 27, 2021): 58–68. http://dx.doi.org/10.17803/1729-5920.2021.177.8.058-068.
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The paper examines the content of the organized criminal group characteristics provided for under the law. The criminal activity of a stable association of persons poses an increased public danger. The identification of such facts and their investigation is fraught with significant difficulties that arise also due to the evaluative nature of the concept of "organized group". Therefore, its essence is analyzed not only on the basis of theoretical sources, but also in the context of judicial practice. The author compares and generalizes the signs listed in the relevant decisions of the Plenum of the Supreme Court of the Russian Federation and in court decisions on specific criminal cases. A correct understanding of the organized group characteristics is necessary for the competent qualification of crimes committed by its members, and the successful proof of their fault. The author summarizes that the sustainability of complicity is based on two complementary aspects. The first provides for a close, relatively long-term relationship between members of the group united by criminal motivation and goals (which ensures the stability of its main composition), as well as the recognition by ordinary participants of the decisions of their leader or the leading core of the group or decisions jointly made by the group as binding. The second aspect of sustainability provides for the implementation of effective criminal activity through the advance development of its plan and a clear distribution of role functions among the group members, ensuring the consistency of their actions, and the implementation of other measures necessary for the successful achievement of the intended goals. In cases where the conspiracy of the members of the group occurred immediately before the commission of the crime or took place in advance, but there was no close relationship and careful joint preparation for it we deal with a group of persons created by prior conspiracy due to the lack of stability of such an association.
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Maksimov, Sergey, and Yury Vasin. "The Concept of an Innovative Model of Combating Organized Crime: Background and Opportunities." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 553–69. http://dx.doi.org/10.17150/2500-4255.2020.14(4).553-569.
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An intensive digitization of all social processes (including criminogenic ones) demanded such a degree of rapidity, effectiveness, efficiency and relevance for the decisions taken by modern states that could not be provided using the dominant model of state policy for combating crime. This new civilizational challenge is especially evident for the problem of counteracting organized crime. The authors conclude that the contemporary model of criminal policy against organized crime, whose main idea is a constant strengthening of liability for organized criminal activities, is undergoing a crisis. An indicator of this crisis is a recent amendment of Art. 210 of the Criminal Code of the Russian Federation by a norm that considerably limits criminal prosecution of owners, participants, beneficiaries and managers of judicial persons (or their divisions) for organizing a criminal group or participating in it if the corresponding judicial persons were not originally created with the purpose of committing grave or very grave crimes. The same norm limits criminal prosecution of the above-mentioned categories of physical persons if the latter did not possess direct knowledge of the criminal purposes for which such judicial persons were created. The authors believe that the crisis of the current model of combating organized crime is also proven by a lack of any significant correlation between the changes in the criminal legislation on liability for organized criminal activities during the last 24 years and changes in the intensity of the practice of its enforcement. This conclusion, according to the authors, makes it possible to infer that goals that the lawmakers set while trying to improve the effectiveness of combating organized crime were probably not achieved. The authors claim that the key causes of the unproductive reaction of lawmakers and law enforcers to the growing activities of organized crime, including its influence on the general state of law and order and the economic security of the state, include a selective post factum reaction to the growth of specific manifestations of organized crimes based on the intuitive trial and error approach. The authors suggest using the following ideas for the concept of an innovative model of influencing organized crime: it is necessary to use mathematical modeling of the planned amendments to criminal or other connected legislation and their influence both on the system of legal norms of the amended act and the system of legal norms as a whole, on the practice of law enforcement and criminal activity; the state should react to all the specific reasons for the initiation of criminal cases on organized criminal activities using automated systems of collecting, processing and evaluating information, making predictions of the changes in the intensity of organized criminal behavior; the causes and conditions of specific organized criminal infringements should be revealed and measures should be taken to eliminate them.
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TARAN, O., and V. GAVLOVSKY. "Organized cybercrime in Ukraine: problems of formation of official statistics and its analysis." INFORMATION AND LAW, no. 4(39) (December 9, 2021): 193–201. http://dx.doi.org/10.37750/2616-6798.2021.4(39).249306.
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The article analyzes the types, forms and content of statistical reporting that reflects the state and structure of cybercrime in Ukraine. Ways to interpret statistical information and to use its capabilities in preventing and combating cybercrime are identified. The shortcomings of the structure of official statistical data, namely unsystematic character, inconsistency and incoherence of their formation, are generalized and revealed. It is noted that the national and international legislation lacks a generally accepted definition of cybercrime so far, and therefore a single approach to defining the grounds for classifying illegal acts as such crimes. The reports were developed without considering further analysis of cybercrime. And while the report of the National Police of Ukraine contains data on a number of criminal offenses that can be attributed to cybercrime, the official statistical reports prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, except for Chapter XVI of the Criminal Code, are missing the mentioned data. Therefore, official statistics, which fully and accurately reflect the state and structure of cybercrime cannot be introduced today. It is possible to analyze only the dynamics of this type of crime, the structure of crime on the basis of recorded crimes. The number of criminal offenses under the articles of chap. XVI of the Criminal Code of Ukraine, is growing unevenly, and this growth in the last 4 years is insignificant. The share of these criminal offenses is growing more dynamically. But their share of the total crime rate in Ukraine today is insignificant and is less than one percent - in 2020 0.69. In the first quarter of 2021, employees of cyber police units of the National Police of Ukraine, for the first time detected 4 criminal offenses under Art. 255 of the Criminal Code of Ukraine (“Creation of a criminal organization”). During 2013 –2010, 112 persons were found to have committed criminal offenses of this category as part of a group, 16 of them as part of an organized group. Also during this period, 171 persons who committed criminal offenses in the group in previous years were identified, including 68 in the organized group. The number of convicted persons who committed criminal offenses in the group during this period is 64, 9 of them committed crimes in an organized group.
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CASIS. "The Conflation of Organized Crime and Terrorism in Venezuela." Journal of Intelligence, Conflict, and Warfare 2, no. 3 (January 31, 2020): 5. http://dx.doi.org/10.21810/jicw.v2i3.1187.
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On November 22, 2019, Victoria Dittmar presented on the “Conflation of Organized Crime and Terrorism in Venezuela” at the 2019 CASIS West Coast Security Conference. The presentation was followed by a group panel for questions & answers. Main discussion topics included organized crime and possible solutions for the aforementioned issue in Caribbean Latin America.
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Shulzhenko, Nadiia, Snizhana Romashkin, Mykola Rubashchenko, and Hаlyna Tatarenko. "The problematic aspects of International core crimes and transnational crimes accordingly to International Law." Revista de la Universidad del Zulia 11, no. 31 (October 1, 2020): 376–88. http://dx.doi.org/10.46925//rdluz.31.23.
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Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.
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Septin Puspoayu, Elisabeth, and Peni Jati Setyowati. "Illegal, Unreported, and Unregulated Fishing as Transnational Organized Crimes." SHS Web of Conferences 54 (2018): 05003. http://dx.doi.org/10.1051/shsconf/20185405003.
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IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because this crime has occurred in many countries and resulted in enormous losses to the coastal state. Therefore, IUU fishing needs to be recognized as a transnational organized crime. The classification of IUU fishing as an organized transnational crime will facilitate the process of eradicating the practice of IUU fishing because every country should cooperate in the settlement and prevention of IUU fishing crime. Thus, IUU fishing is not only the responsibility of the coastal state alone, but also the global responsibility.
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Невідома, Надія Володимирівна. "Concept «committing a crime by an organized group»: conceptual bases of research." Problems of Legality, no. 136 (March 22, 2017): 181–92. http://dx.doi.org/10.21564/2414-990x.136.92688.
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Lubis, Muhammad Ridwan. "Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan)." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 20, no. 1 (September 30, 2020): 105–17. http://dx.doi.org/10.30743/jhk.v20i1.3463.
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Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
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Lubis, Muhammad Ridwan. "Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan)." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 20, no. 1 (September 30, 2020): 105–17. http://dx.doi.org/10.30743/jhk.v20i1.3464.
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Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
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Saadah, Kholifatus. "Triads and The Abilities of Transnational Organized Crime to Prevail." Jurnal Global & Strategis 15, no. 1 (March 29, 2021): 127. http://dx.doi.org/10.20473/jgs.15.1.2021.127-148.
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AbstrakTransnational Organized Crime (TOC) adalah bentuk luas dari organisasi kejahatan yang dibentuk oleh sekelompok orang di wilayah tertentu. Dengan adanya globalisasi, perkembangan dari sebuah TOC bisa melewati batas-batas negara dan bahkan balik mengancam entitas dari negara tersebut. Satu hal yang membedakan TOC dengan organisasi kejahatan yang lain adalah struktur dan pola aktivitasnya yang rapi, seperti organisasi transnasional pada umumnya. Salah satu TOC yang melegenda sampai dengansekarang adalah kelompok mafa dari Cina, Triad. Sebagai organisasi kejahatan yang berumur panjang, berdiri sejak Dinasti Qing pada 1760-an, Triad memiliki banyak cabang yang tersebar di wilayah dengan populasi etnis Cina yang besar selain Cina sendiri seperti Taiwan, Hongkong, Singapura, Amerika Serikat dan Inggris. Melalui tulisan ini, penulis berusaha menjelaskan mengenai perkembangan Triad dari yang awalnya kelompok mafa menjadi kelompok yang memiliki tujuan bisnis seperti korporasi. Langgengnya kekuatan Triad sebagai sebuah organisasi kejahatan disebabkan juga banyaknya celah, baik diinstitusi domestik maupun institusi internasional. Celah tersebut dimanfaatkan secara baik oleh TOC untuk terus-menerus beraktivitas sampai sekarang.Kata-Kata Kunci: Organisasi Kejahatan Transnasional, TRIAD, Globalisasi, Mafia, KorporasiTransnational Organized Crime (TOC) is a widespread form of criminal organization formed by a group of people in a particular region. Because of globalization, the development of a TOC can cross the borders of the country and even turn against the entity of the state.One thing that distinguishes TOC from other crime organizations is, its neat structure and pattern of activities, such as transnational organizations in general. One of the legendary TOCs is the mafa group from China, Triad. As a long-lived crime organization, establishedsince the Qing Dynasty in the 1760s, Triad has many branchess cattered in areas with large Chinese ethnic populations other than China itself such as Taiwan, Hong Kong, Singapore, the United States and Britain. Through this paper, I’ll try to explain the development of the Triads, from a group that was originally a mafa to a group that has business objectives like a corporation. The lasting power of the Triads as a criminal organization is supported by the gap which happened in domestic and international institution. This gap is used properly by TOC to continue their activities until now.Keywords: Transnational Organized Crime, TRIAD, Globalization, Mafa, Corporation
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Albini, Joseph L., R. E. Rogers, Victor Shabalin, Valery Kutushev, Vladimir Moiseev, and Julie Anderson. "Russian Organized Crime: Its History, Structure and Function." Journal of Contemporary Criminal Justice 11, no. 4 (December 1995): 213–43. http://dx.doi.org/10.1177/104398629501100404.
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In analyzing Russian organized crime, the authors describe and classify the four major forms of organized crime: 1) political-social, 2) mercenary, 3) in-group, and 4) syndicated. Though the first three classifications of the aforementioned types of organized crime existed throughout Soviet history, it was the syndicated form that began to emerge in the late 1950's, expanding during the corrupt Breznev years (1964–82), exploding during perestroika, and reaching pandemic levels after the demise of the Soviet Union in 1991. The abrupt transformation of the Russian society from a centralized command economy to one driven by the forces of market capitalism created the socio-pathological conditions for the malignant spread of mercenary and especially syndicated organized crime. New criminals syndicates were created by an alliance of criminal gangs/groups and former members of the Soviet Union's communist nomenklatura (bureaucracy) and the consequence was the criminalization of much of the Russian economy. The social structure of these syndicates is based on a loose association of patron-client relationships rather than a centralized hierarchical system; their function is to provide illicit goods/services desired by the people. The authors conclude their study by emphasizing that what has taken place in Russia is not peculiar to the Russian people, but exemplifies what can happen to societies that experience rapid and intense social change.
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Mills, Colleen E. "A Common Target: Anti-Jewish Hate Crime in New York City Communities, 1995-2010." Journal of Research in Crime and Delinquency 57, no. 6 (February 6, 2020): 643–92. http://dx.doi.org/10.1177/0022427820902832.
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Objectives: There is a growing body of macro-level studies examining hate crime. These studies however largely focus on ethnoracial hate crime, leading to a relative dearth of research investigating the etiology of anti-Jewish hate crime. The current study seeks to fill this gap by conducting a community-level analysis of anti-Jewish hate crime in New York City. Methods: Using data from the New York Police Department’s Hate Crimes Task Force, the current study employs a series of negative binomial regressions to investigate the impact of defended neighborhoods, social disorganization, and strain variables on anti-Jewish hate crime. Results: The results show that defended neighborhoods consistently predict higher levels of anti-Jewish hate crime in White, Black, and non-White neighborhoods even when accounting for social disorganization and strain variables. Results also demonstrate that anti-Jewish crime occurs in communities that are more socially organized and with better economic conditions. Conclusions: This study’s findings reveal Jewish victims to be a catchall target when a minority group increasingly moves into a majority area. These defended neighborhoods, and other findings have intriguing implications for both criminology’s social disorganization theory and the police and others charged with combatting bias crimes.
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Molchanov, D. M. "The Perpetrator of the Crime in Complicity and without Complicity: A Universal Role in the Diversity of Legal Constructions." Lex Russica, no. 3 (March 18, 2021): 107–22. http://dx.doi.org/10.17803/1729-5920.2021.172.3.107-122.
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A comprehensive study of the perpetrator’s role leads to the following conclusions: “perpetrator of the crime” is a universal term used to describe an act that constitutes an objective element of the crime committed both in complicity and without complicity. Four alternatives to the actions of the perpetrator exist: executor who performed the objective element alone, an accomplice who performed the objective element with other accomplices, an indirect perpetrator, an indirect accomplice. Other ways to qualify person’s act as a perpetrator are based not on the law, but on the recommendations of the Plenum of the Supreme Court of the Russian Federation that de facto acquired the status of the provisions of the Criminal Code of the Russian Federation (joint participation in the organized group, joint participation in a crime with “technical distribution of roles”). The main element of the act of the perpetrator includes the fulfillment of the objective element described in the disposition of the article of the Special Part. The content of the objective element of a particular crime does not depend on the existence of complicity, hence the term “perpetrator” is applicable to any crime and has a universal value. It is impractical to describe in the law the same acts in different terms. “Technical distribution of roles” is a doctrinal term. Its content is disclosed in some resolutions of the Plenum of the Supreme Court of the RF. Extensive interpretation of the term “perpetrator” in crimes with “technical distribution of roles” is a forced measure on the part of the Supreme Court of the Russian Federation, since the term “the group of persons in conspiracy” is interpreted restrictively. This interpretation complicates the application of the criminal law and does not allow us to adequately assess the greater risk of crimes committed in complicity. The term “technical distribution of roles” does not have a universal (acknowledged) interpretation in jurisprudence, which also makes it difficult to apply the law. Joint participation in a legal sense in crimes committed by an organized group is a construct that is not based on law applied to crimes with a special subject, which contradicts part 4, Art. 34 of the Criminal Code of the Russian Federation.
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Buzhdyhanchuk, Yevdokiya. "Situation of crime as an element of forensic description of pimping committed by organized group." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 238–44. http://dx.doi.org/10.31733/2078-3566-2020-1-238-244.
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The article deals with some aspects of the pimping investigation by an organized group. The crime situation as the element of the criminalistic characteristic of this offence is examined, and its relation with other elements is examined too. The author emphasizes that the crime scene is a broad concept that includes a number of elements that characterize the environment in which a socially dangerous act is committed. They must always identify the time, place and conditions of the crime that are relevant to his full investigation. The crime scene should be investigated from different directions. In particular, on the one hand, as the geographical spread of the investigated criminal offense, on the other - the specific place of its commission. The location of the pimping is part of the event. It contains a large amount of information about the mode of commission of a criminal offense, certain data about the identity of the offender. On the basis of the investigation of materials of criminal proceedings the author has identified the following places of committing pimping by an organized group: 1) recreation establishments (of which: night clubs, cafes, bars, restaurants); 2) weekend or vacation establishments (of which: recreation centers, hotels, "rental" apartments); 3) facilities for sports and wellness (of which: spas, massage rooms, wellness centers); 4) the place of residence of the "client" (of which: apartments, houses, holiday cooperatives); 5) vehicles; 6) other places. It has been noted that the frequency of pimping by an organized group depends on the time of day as follows: about 7% are done in the morning (from 6 to 12 hours); 14% - in the afternoon (from 12 to 18 hours); 42% - in the evening (from 18 to 24 hours); 37% - at night (1 to 6 hours). And according to the criterion of the season, these actions are performed in the summer in 22% of cases; in the fall - 25%; in winter - 21%; in the spring - 32%. Also important are the conditions of the criminal offense under inves-tigation.
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ROMAN, Dumitru, and Artiom ENI. "Tipuri de investigații sub acoperire." Analele Universitării din București Drept 2021, no. 2021 (July 2, 2021): 124–30. http://dx.doi.org/10.31178/aubd.2021.09.
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In Eastern European countries, undercover investigation appears under different names such as: the use of undercover investigators; operative infiltration; carrying out a special mission within an organized group or a criminal organization, the particularities are common. The differences refer to the legal limits of the activity of the undercover investigator as well as to the forms of use of the information obtained. The undercover investigation is mainly applied to the detection of drug trafficking, arms trafficking, corruption and organized crime. So, the types of undercover investigation, resulting from the positive practice of the criminal investigation bodies, foreshadow an efficient methodology of investigating these categories of crimes.
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Morandé Lavín, José. "Government and Governance of Security. The Politics of Organized Crime in Chile." Estudios Internacionales 50, no. 191 (December 29, 2018): 109. http://dx.doi.org/10.5354/0719-3769.2018.52056.
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Government and Governance of Security. The Politics of Organized Crime in Chile
Carlos Solar
Routledge Studies in Latin American Politics
New York and London, Routledge, Taylor & Francis Group, 2018
157 páginas.
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Azumah, Francess Dufie, John Onzaberigu Nachinaab, Charles Danso Sintim, and Samuel Krampah. "Crime Analysis and Conventional Policing Strategies: Evidence from a Community in the Western Region, Ghana." International Journal of Social Science Studies 7, no. 4 (June 24, 2019): 1. http://dx.doi.org/10.11114/ijsss.v7i4.4336.
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The study investigated the application of crime analysis at various police stations within the Tarkwa-Nsuaem Municipality in the Western Region of Ghana with the objective of understanding crime, crime analysis, crime control and crime information management and their implications on conventional policing strategies. Qualitative and quantitative research adopting the questionnaire and interview were conducted with crime analysts and specialized investigators/intelligence analysts through descriptive and explorative research design. The study had a dual purpose of generating operational crime management information in assisting crime prevention initiatives as well as identifying the strengths and weaknesses of current practices for improving performance, mainly focusing on the criminal activities of group offenders (organized crime related), repeat offenders and serial offenders.
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Wolf, Sonja. "Mara Salvatrucha: The Most Dangerous Street Gang in the Americas?" Latin American Politics and Society 54, no. 1 (2012): 65–99. http://dx.doi.org/10.1111/j.1548-2456.2012.00143.x.
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AbstractMara Salvatrucha (MS-13), founded in 1980s Los Angeles by Salvadoran immigrant youth, is today one of the largest street gangs in North and Central America. In recent years the group has acquired a reputation for extreme brutality and has ostensibly mutated into a fast-expanding, transnational organized crime network with possible ties to international terrorists. Drawing on key concepts in gang research and multiple methodological tools, this article seeks to sharpen understanding of MS-13’s structure and activities. While the group is active in many countries, it is transnational only in a symbolic manner, not in its configuration or span of authority. Impelled largely by Central American gang-suppression policies, MS-13 has evolved from a traditional street gang into a group with organized crime characteristics, but it remains a social phenomenon rooted in urban marginality. Ultimately, a more nuanced picture of Mara Salvatrucha can inform the search for more effective gang policies.
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Paustovskaya, Natalia, and Dmitrii Popushoi. "LEGAL BASES OF SOME FORMS OF THE INTERNATIONAL LEGAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE OF THE REPUBLIC OF MOLDOVA." Social Legal Studios 10, no. 4 (December 25, 2020): 80–86. http://dx.doi.org/10.32518/2617-4162-2020-4-80-86.
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This article concerns on forms of international procedural cooperation of Republic of Moldova as an actual modern problem. It has been noted that scale of organized crime, terrorism, illegal drug and arms trafficking, illegal migration, human trafficking and other crimes compel different states to unify their efforts in counteracting these crossborder phenomena by creating organizational mechanisms of interaction. International legal aspects of crime counteraction, in particular the UN Convention against Transnational Organized Crime, the European Convention on Mutual Assistance in Criminal Matters and Additional Protocols to it have been studied. It has been specified that foreign countries legislation uses most advanced mechanisms of mutual legal assistance for a long time, but institute of joint search groups is a relatively new form for criminal procedural legislation of Republic of Moldova. An attention to amendments to criminal procedural legislation concerning implementation of the institute of joint search groups has been devoted. It has been acknowledged that according to legislation of Republic of Moldova a request on forming of joint search group could be sent by any engaged state. Such group is to be created in any state where criminal persecution needs to be enforced. There is certain information to be included in such request: law enforcement body which requested, the request�s subject and grounds, data on persecuted person and his full name, nationality, address, if necessary � suggestions on group membership. Signing of the Police Cooperation Convention for Southeast Europe by Moldova facilitated implementation of cross-border surveillance institute which comprises procedural action to be conducted when representatives of one country�s law enforcement body are keeping under surveillance during criminal persecution in another country a person, suspected in participation of the crime which envisaged extradition, or a person who is reasonably believed to be helpful in identification or establishing whereabouts of the aforementioned person, and has the right to continue such surveillance in Republic of Moldova according to legal assistance request submitted previously. It has been substantiated that international cooperation in crime combating is based on legal assistance providing and aimed at expansion of the quantity of countries which are contracting parties of such cooperation agreements.
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Skogan, Wesley G. "Communities, Crime, and Neighborhood Organization." Crime & Delinquency 35, no. 3 (July 1989): 437–57. http://dx.doi.org/10.1177/0011128789035003008.
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It is widely believed that voluntary action by neighborhood residents can play an important role in maintaining order. However, the ability of individuals to act in defense of their community is constrained by the opportunities for action that are available to them. Participation in collective efforts against crime is confined to places where the existence of local organizations makes that possible. The distribution of group activity across the metropolitan landscape thus defines the “opportunity structure” for local collective action. This article examines the impact of serious crime, the economic and social resources residents have to draw upon to deal with neighborhood problems, and their characteristic relationships with the police, upon those opportunities to participate in organized efforts to combat crime.
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Bailey, John, and Matthew M. Taylor. "Evade, Corrupt, or Confront? Organized Crime and the State in Brazil and Mexico." Journal of Politics in Latin America 1, no. 2 (August 2009): 3–29. http://dx.doi.org/10.1177/1866802x0900100201.
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Government and organized criminal groups co-exist in uneasy equilibrium. Criminal groups adjust their behavior as a function of their own goals and resources in relation to inter-group cooperation and conflict, dynamic markets, and public policies; governments adjust their behavior according to shifting perceptions of the benefits offered, threats posed, and strategies adopted by criminal groups. When governments attempt to control or repress their activities, criminal groups employ various tools and instruments that might be grouped into three categories: evasion, corruption, and confrontation. The paper draws on recent cases from Brazil and Mexico with respect to tactical and strategic choices by governments and criminal groups, seeking to address three broad questions. What factors disrupt the state-criminal group equilibrium? Under what circumstances do disruptions produce significant levels of violence (as opposed to evasion or corruption)? What are the implications for the quality of democracy as criminal groups violently confront the state?
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Burlakov, Vladimir, and Vladislav Shchepelkov. "Crime Boss and the Grounds for Liability: Postmodernism in Criminal Law." Russian Journal of Criminology 13, no. 3 (July 4, 2019): 465–76. http://dx.doi.org/10.17150/2500-4255.2019.13(3).465-476.
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All over the world crime is becoming more and more organized. Globalization has considerably extended the area of criminal activities, it can no longer be contained within the national boundaries of one state. Crime bosses freely travel between countries and may solve the problems of their gangs’ cooperation far from the place where the criminal activity takes place. The gangs today have moved away from typical criminal practices. Business is becoming their key activity as it facilitates the organization of criminal groups not only in the shadow, but also in the legal economy. Thus, the main focus of crime counteraction should be the bosses of organized crime. Based on this position, the authors provide a theoretical basis for the introduction of Art. 210.1 in the Criminal Law of Russia — taking the highest position in the criminal hierarchy. They analyze the legal construction of this offence which, in essence, is inchoate. The authors also assess the grounds for criminalizing the very fact of occupying the highest position in a criminal hierarchy. It is proven that this status of a crime boss emerges at an advanced stage of development of the organized group, so the form of crime organization could act as a criterion for the establishment of such a status. The authors also examine some problems of enforcing Art. 210.1 of the Criminal Code and offer different ways of solving them, namely, the aggregate of Part 4, Art. 210 and Art. 210.1 of the CC, and the and specific features of penalizing offenders persecuted under Art. 210.1 and Part 4, Art. 210 of the CC of the Russian Federation.
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Blum, Jack A. "Enterprise Crime: Financial fraud in international interspace Working Group on Organized Crime, National Strategy Information Center Washington, DC, June 1997: 1–31." Trends in Organized Crime 3, no. 1 (September 1997): 115–20. http://dx.doi.org/10.1007/s12117-997-1157-1.
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Prozumento, Lev M. "ORGANIZED CRIMINAL GROUP AS A FORM OF COMPLICITY IN A CRIME UNDER CURRENT LEGISLATION IN RUSSIA." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 18(4) (December 1, 2015): 60–69. http://dx.doi.org/10.17223/22253513/18/8.
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Melnichenko, Nikolay Nikolaevitch. "Encroachments on Archaeological Heritage, Committed with Participation: Problems of Legal Regulation and Qualification." Теория и практика общественного развития, no. 12 (December 4, 2020): 83–86. http://dx.doi.org/10.24158/tipor.2020.12.16.
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Based on the analysis of theoretical and legislative aspects of securing responsibility for encroach-ments on objects of archaeological heritage, as part of a group of persons by prior conspiracy, an orga-nized group and a criminal community, the author proposes ways to optimize the system of qualifying and especially qualifying features in Art. 164, 190, 226.1, 243.1, 243.2, 243.3 of the Criminal Code of the Russian Federation. The author draws attention to the unreasonableness of equalization by the legisla-tor when constructing qualified and especially quali-fied corpus delicti of social danger of a group of persons and an organized group. Moreover, the arti-cle notes the problem of the prevalence of en-croachments on objects of archaeological heritage sites as part of an organized group or a criminal community. The research also examines such issues as the specifics of the form of guilt when commit-ting a crime as part of a group of persons by prior conspiracy, such signs of an organized group as the stability and purpose of criminal activity.
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Il’ichev, D. A., M. S. Karmanovskiy, and E. V. Kos’yanenko. "Criminal Association (Criminal Organization): Theory and Practice of Application." Sociology and Law, no. 2 (July 18, 2020): 69–77. http://dx.doi.org/10.35854/2219-6242-2020-2-69-77.
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The article is devoted to the analysis of the concept of criminal association (criminal organization) set out in part 4 article 35 of the Criminal Code, as well as the practice of applying article 210 of the Criminal Code. Adverse trends in the pattern of criminal prosecution for the organization of a criminal association and participation in it at all stages (from the registration of a crime to the imposition of a penalty) are due to shortcomings in the legal technique when the legislator designs this form of complicity. Under criminal law, a criminal association may be in the form of a structured organized group. Meanwhile, the etymology of the concepts of organized group and structured organized group attests to their identity. Contradictions in the formulation of the purpose of a criminal association cause reasonable criticism of theorists and significantly narrow the types of criminal activities permitted by law.
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Manuel Colodras, Jose, and Kateryna Sylenok. "Application of Special Knowledge in the Investigation of Crimes Related to Illicit Drug Trafficking." Theory and Practice of Forensic Science and Criminalistics 24, no. 2 (December 10, 2021): 92–108. http://dx.doi.org/10.32353/khrife.2.2021.06.
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Some issues of application of special knowledge in the course of investigation of crimes related to illegal drug trafficking are considered. Analyzed the scientific literature, regulatory legal acts devoted to the use of special knowledge in the study of narcotic drugs, psychotropic substances and precursors. The statistical data of the Office of the Prosecutor General of Ukraine are presented, indicating a significant increase in the level of drug-related crime in Ukraine. The increase in the number of drug-related crimes entails an increase in the need for the use of special knowledge in their investigation. In the process of applying special knowledge, a number of problematic issues arise that require legislative solutions. The purpose of the article is to identify theoretical and organizational problems arising in the process of applying special knowledge in the investigation of crimes related to drug trafficking.
Attention was drawn to the project “Action — EU: EU Action on Drugs and Organized Crime. Intensive cooperation and capacity building to combat organized drug trafficking along the heroin route. ” Under the auspices of this project, the Ukrainian Working Group for the Study of Psychoactive Substances was formed, one of the main goals of which is to improve the quality of forensic services in Ukraine, and one of the main forms of work is to conduct interlaboratory exercises. The results of participation in an interlaboratory exercise provide an opportunity to either confirm the performance of a particular laboratory, or indicate problems in such a laboratory. For the examination of narcotic drugs, psychotropic substances and precursors, access to comparative (standard) samples is required, the free receipt of which (or their exchange between institutions) is complicated by many factors.
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Vasnetsova, Anastasiya Sergeevna. "Criminological characteristics of the heads of organized crime groups related to terrorism (the first stage of criminological research)." Полицейская деятельность, no. 6 (June 2020): 37–63. http://dx.doi.org/10.7256/2454-0692.2020.6.34318.
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One of the most widespread directions of counterterrorism efforts is a targeted influence on the potential terrorists before they actually start their terrorist activity. To perform this complicated task, it is necessary to have the exact information about the characteristics of such personalities, which can be collected only by means of scientific interpretation of various significant data. It can help to find out what factors promote the formation of a personality of a terrorist and choose the measures aimed at their elimination thus preventing terrorist organizations from recruiting new members. The author studies such factors as the motive and the circumstances characterising the personality of a convict, which are subject to proving in the course of criminal proceedings according to part 1, article 73 of the Criminal Procedure Code of the Russian Federation. The author formulates the following conclusions: crimes of terrorism are ususally committed by young men (under the age of 30) with a low level of education; the increase of immigration to the Russian Federation leads to the increase of the number of the members of international terrorist organizations in the country; the reasons and conditions leading to terrorist crimes are not being studied sufficiently enough; there is an interrelation between the criminological characteristics of terrorists’ personalities and the mechanisms of their involvement into terrorist activity, and the specificity of the roles performed by them in an organized crime group; the social sphere of regular terrorists is narrow, which determines their susceptibility to the terrorist ideology.
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Kalisz, Tomasz. "Osadzeni niebezpieczni. Procedura kwalifikacji, jej weryfikacja oraz zakres ograniczeń." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 177–90. http://dx.doi.org/10.19195/2084-5065.43.12.
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Dangerous prisoners. Selection procedure, verification and the scope of restrictionsThe article focuses on new solutions in the Executive Penal Code relating to the procedure for qualifying for a group of dangerous prisoners and the range associated with the qualification constraints and their possible modification. Prisoners posing a serious social threat or a serious risk to the safety of penitentiary institutions are a special group of people criminally isolated. They are aggressive and deeply demoralized prisoners, the most dangerous perpetrators of crime and the persons directly involved, and often holding managerial positions, within the framework of organized crime. In practice of the functioning of the penitentiary they are a real threat to the proper functioning and security of prisons.
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Matijašević, Jelena, and Sara Zarubica. "Smuggling and Illegal trade as forms of economic crime." Pravo - teorija i praksa 38, no. 3 (2021): 28–41. http://dx.doi.org/10.5937/ptp2103028m.
Full textAbstract:
Economic crime is a very complex criminological and legal category. The modern economic crime is characterized by a variety of manifestations. It tends to become increasingly better organized which, among other things, makes its detection, the collection of the evidence material and the criminal prosecution of the culprits much more difficult. In view of the importance as well as the comlexity of the economic crime subject-matter, this paper discusses smuggling and illegal trade. The research included a criminological analysis of the economic crime, a normative analysis of the criminal acts mentioned above, as well as an analysis of the presence of the adult persons being reported, charged with and convicted of the previously mentioned criminal acts in the total values for the group of criminal acts against economy and at the level of Serbia, for the year of 2019.