Tesis sobre el tema "Crimenes transnationales"

Esta pesquisa aborda a atuação do 4° BPAF – Batalhão de Polícia de Área de Fronteira da Brigada Militar no policiamento na Fronteira Noroeste do RS, frente aos crimes transfronteiriços e transnacionais praticados pelas redes de criminosos. A Brigada Militar não possui atribuição legal para atuar frente aos crimes transnacionais que demandam o trabalho de inteligência, envolvendo investigações de redes criminosas internacionais que ultrapassam a linha de fronteira. Na prática, devido a limitações e à falta de efetivo dos Órgãos Federais de segurança na fronteira, a Brigada Militar vem atuando contra estes tipos de crimes. E casos específicos quando o crime é de cunho transnacional o 4° Batalhão de Polícia de Área de Fronteira da Brigada Militar atende pedidos da Polícia Federal e Receita Federal, realizando operações ao longo da Fronteira Noroeste com prisões de contrabandistas, traficantes de drogas e abigeatários. O policiamento do 4°BPAF da Brigada Militar evoluiu ao longo dos anos, passando de simples patrulhas rurais para patrulhas operacionais especializadas em Fronteira. Com a atuação dos criminosos na região da fronteira em crimes transfronteiriços que se tornaram corriqueiros, o comando do 4°BPAF criou o POE- Pelotão de Operações Especiais para atuar nas patrulhas na fronteira. A partir de 2012 o Governo Federal lança o PEF-Plano Estratégico de Fronteira e a ENAFRON- Estratégia Nacional de Fronteira investindo em viaturas, equipamentos, formação e treinamento de recursos humanos para as Organizações Policiais Militares dos estados da federação na Faixa de Fronteira O estado do Rio Grande do Sul aderiu a esse programa da ENAFRON e não demorou muito para o Alto Comando e o Estado Maior da Brigada Militar elaborarem a Diretriz Geral de Segurança Pública em Área de Fronteira N°26/2012 que foi atualizada pela Diretriz de Policiamento em Áreas de Fronteiras N°034/2015. Também ocorreu nesta época um incremento na realização de operações conjuntas da Brigada Militar, tanto com órgãos Federais de segurança pública e com Exército Brasileiro, como em operações Simultâneas Internacionais com a Polícia de Misiones e a Gendarmeria Nacional Argentina, estreitando assim os laços entre as polícias da Argentina e a Brigada Militar. Este trabalho aborda as técnicas de investigação usadas pelo 4° BPAF da Brigada Militar em sua Atividade de Inteligência e modus operandi no combate aos criminosos na Fronteira Noroeste do Rio Grande do Sul. O 4° BPAF tem um papel muito importante na fronteira em relação ao combate a criminalidade, pois realiza um trabalho que vem ajudando a diminuir a criminalidade da sociedade não só a local, mas também contribui para diminuir os índices de violência ligado ao tráfico de drogas, roubos de veículos nos grandes centros urbanos do estado do Rio Grande do Sul.
This research deals with the performance of the 4th BPAF - Border Brigade Military Battalion of the Military Brigade in the policing in the Northwest Frontier of RS against transboundary and transnational crimes practiced by criminal networks. The Military Brigade has no legal authority to act in the face of transnational crimes, which requires the work of intelligence, involving investigations of international criminal networks that cross the border line. In practice, due to limitations and lack of workers of the Federal Border Security Bodies, the Military Brigade has been acting against these types of crimes. Moreover, specific cases when the crime is transnational in nature, the 4th Border Brigade Battalion of the Military Brigade responds to requests from the Federal Police and the Federal Revenue, conducting operations along the Northwest Frontier with arrests of smugglers, drug traffickers and cattle thieves. The policing of the 4th BPAF of the Military Brigade has evolved over the years, going from simple rural patrols to specialized operational patrols on the border. As cross-border crimes became commonplace, the 4th BPAF command created the POE-Special Operations Squadron to operate on border patrols. Starting in 2012, the Federal Government launches the Border Strategic Plan (PEF) and ENAFRON - National Border Strategy investing in vehicles, equipment, and human resources training for the Military Police Organizations of the states of the federation in the border fringe. The state of Rio Grande do Sul adhered to the ENAFRON program and it did not take long for the High Command and the General Staff of the Military Brigade to elaborate the General Directive of Public Security in Border Area N ° 26/2012 updated by the Police Directive in Border Areas N ° 034/2015. At the same time, there was an increase of joint operations of the Military Brigade, both with Federal public security organs and with the Brazilian Army, as well as in simultaneous international operations with the Misiones Police and the Argentine National Gendarmerie, thus strengthening the ties between the Argentine police and the Military Brigade. This work addresses the investigation techniques of the 4th BPAF of the Military Brigade in its Intelligence Activity and modus operandi in the fight against criminals in the Northwest Frontier of Rio Grande do Sul. The 4th BPAF has a very important role in the frontier in relation to combat crime, since it carries out work that has helped to reduce the society criminality, not only local crime, but also contributes to reduce the rates of violence related to drug trafficking, theft of vehicles in large urban centers in the state of Rio Grande do Sul.

This study explores conceptualizations of transnational corporate accountability in the responses of Canadian organizations to a crisis in global capitalism. Empirically this study focuses on discussion and debate concerning the involvement of Canadian retail companies in the Rana Plaza disaster, which killed over 1,100 Bangladeshi garment workers on 24 April 2013. Information was drawn from Canadian Parliamentary Committee sessions, documents published by Canadian retail companies, governmental departments and civil society organizations, and nine semi-structured interviews with individuals possessing professional knowledge about corporate governance in global supply chains. A critical discourse analysis method, theoretically informed by the corporate crime literature, Gramsci’s concept of hegemony and Foucault’s notion of knowledge and power, examined the economic, political, and legal assumptions that characterized discussions about transnational corporate crime and accountability. Overall, dominant voices reinforced neoliberal beliefs about the effectiveness of allowing corporations to develop and implement their own means of transnational regulation. Claims describing the social benefits of free markets and flexible regulatory regimes overshadowed concerns about the dangerous and exploitive practices inherent in the production of private capital, which effectively reproduced the (de)regulation of multinational corporations.

Orientador: Paulo José dos Reis Pereira
Resumo: A literatura acadêmica sobre “criminalidade organizada transnacional” tem uma ampla e crescente produção na área de Relações Internacionais, enquanto a dimensão transnacional do crime, que tal literatura leva no nome, ainda não ultrapassou as epistemologias analíticas tradicionais do campo da Segurança Internacional, muitas vezes presas a um aporte “Estadocêntrico” do território para analisar a suposta transnacionalidade do crime. O objetivo da pesquisa é criticar essa literatura e introduzir uma abordagem alternativa capaz de analisar o crime e sua dimensão transnacional. Tal abordagem irá focalizar os ordenamentos, os conjuntos, de relações entre atores, e o foco será em como tais relações constroem uma dimensão transnacional para análise do crime, e como o “local” é expressão dessa transnacionalidade. Criticada as abordagens tradicionais de “crime organizado transnacional”, o entendimento de mercados ilícitos transnacionais servirá como suporte para entender essa abordagem alternativa e a dimensão transnacional, pois os mercados ilícitos focalizam em diferentes atores e suas formas de relação para manter uma estrutura mercadológica e de fluxos ilícitos funcionando. Empiricamente, o grupo central dessa análise é o mexicano Los Zetas, e seu papel na Guatemala, a partir de 2008 até 2015, para explicar que o grupo faz parte de um mercado ilícito transnacional, e que a partir de suas relações, também formam uma dimensão transnacional, e partes da Guatemala são expressões das di... (Resumo completo, clicar acesso eletrônico abaixo)
Abstract: The academic literature about “transnational organized crime” has a wide and growing production in the International Relations discipline, although the transnational dimension of crime, which said literature takes in its name, still hasn’t trespassed traditional epistemological and analytical perspectives in the International Security field, often stuck to a “Statecentric” approach about territory for the supposed transnationality of crime. The goal of this research is to criticize this literature and introduce an alternative approach capable of analysing crime and its transnational dimension. This new approach will focus on orderings, collectives, of relations between actors, and how these relations build up a dimension of their own, to analyse crime and their transnational flows, and how the “local” is an expression of this transnationality. After criticizing the traditional approaches of “transnational organized crime”, the knowledge of “transnational illicit markets” will serve as a support to understand this alternative approach and the transnational dimension, because these illicit markets focus on different actors and their relations to maintain a market structure of flows working on. Empirically, the central group of this analysis is the Mexican Los Zetas, and its role in Guatemala, from 2008 until 2015, to explain that the group was part of a transnational illicit market, and through their relations, also made up a transnational dimension, and portions of Guatemalan ... (Complete abstract click electronic access below)
Resumen: La literatura académica sobre “crimen organizado transnacional” tiene una amplia y creciente producción en el área de Relaciones Internacionales, en cuanto la dimensión transnacional del crimen, que tal literatura lleva en su nombre, todavía no ultrapasó las epistemologías analíticas tradicionales del campo de Seguridad Internacional, muchas veces focalizadas a un aporte “Estadocéntrico” del territorio para analizar la supuesta transnacionalidad del crimen. El objetivo de la investigación es criticar estas literaturas e introducir un nuevo abordaje capaz de analizar el crimen y su dimensión transnacional. Tal abordaje irá focalizar los ordenamientos, los colectivos de relaciones entre actores, y su foco será en como tales relaciones construyen una dimensión transnacional propria para el análisis del crimen y sus flujos transnacionales, y como el “local” es una expresión de las dinámicas transnacionales. Criticados los abordajes tradicionales del “crimen organizado transnacional”, la comprensión de mercados ilícitos transnacionales servirá como soporte para comprender ese abordaje alternativo y la dimensión transnacional, porque los mercados ilícitos transnacionales focalizan diferentes actores y sus formas de relación para mantener funcionando una estructura mercadológica de flujos transnacionales. Empíricamente, el grupo central de este análisis es lo mexicano Los Zetas, y su papel en Guatemala, a partir de 2008 hasta 2015, para explicar que el grupo hace parte de un mercado... (Resumen completo clicar acceso eletrônico abajo)
Mestre

Thesis (LLM)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: The object of the thesis is to examine the content and status of the double criminality principle in international extradition law. The double criminality principle says a fugitive c annat be extradited unless the conduct for which his extradition is sought is criminal in both the requesting state and the requested state. This thesis is based on a study of sources of international law and domestic law and ideas presented in legal literature. The double criminality principle has developed over several centuries and it has been embraced by most states in one form or the other. The principle serves several purposes, of which the most dominant is the notion of state sovereignty. States apply the double criminality principle differently due to its multiple rationale. Legal literature has distinguished two main methods of interpretation, called interpretation in abstracto and in concreto. Whereas the in abstracto method focuses on the theoretical punishability of the conduct, the in concreto method attaches importance to all factual, personal and legal aspects. There are also ways of interpretation that are a combination of these two methods. Most states can be classified into one of the two main groups of interpretation, but in general most states have adopted a specific method of interpretation that is unique to each particular state. There is thus no uniform method of interpretation in international extradition law. This thesis attempts to determine whether the double criminality principle has become a rule of customary international law. Though most instruments on international or domestic extradition law include the double criminality principle, the strong disagreement among legal scholars as to the legal status of the principle leads to the conclusion that the double criminality principle is not a rule of international law today. This thesis contains an examination of whether the principle of double criminality can be classified as an international human rights norm. Though the principle of double criminality has striking similarities with human rights as it partly aims at protecting individuals facing extradition, there are also a number of aspects that distinguish the principle from traditional human rights. This is partly attributable to the fact that international extradition law is not the arena where general international human rights have developed. It is therefore concluded that the double criminality principle does not form part of international human rights law.
AFRIKAANSE OPSOMMING: Die oogmerk van hierdie tesis is om die inhoud en status van die beginsel van dubbelkriminaliteit in internasionale uitleweringsreg te ondersoek. Hierdie beginsel behels dat die handeling ten opsigte waarvan die uitlewering versoek is, misdade in beide die staat wat uitlewering versoek as die staat waarvan uitlewering versoek word, is. Die metode wat hierdie tesis onderlê is 'n literatuurstudie van bronne in die internasionale en nasionale reg. Die dubbelkriminaliteitsbeginsel het oor etlike eeue ontwikkel. Dit word gevind in die meeste regstelsels. Die beginsel dien verskeie oogmerke, waarvan staatsoewereiniteit sekerlik die belangrikste is. State pas die beginselop verskillende maniere toe weens die verskeie bestaansredes vir die beginsel. Regsliteratuur tref 'n onderskeid tussen twee belangrike metodes van interpretasie, naamlik die in abstracto en in concreto benaderings. Terwyl die in abstracto metode op die teoretiese strafbaarheid van die handeling fokus, plaas die in concreto benadering klem op die feitelike, persoonlike en konkrete regsaspekte. Daar is kombinasies van hierdie metodes. Meeste state kan geklassifiseer word volgens die twee benaderings, maar tog pas state hierdie benaderings by hul besondere behoeftes aan. Daar is dus geen uniforme metode van interpretasie in internasionale uitleweringsreg nie. Hierdie tesis poog om te bepaal of die dubbelkriminaliteitsbeginsel 'n reël van gemeenregtelike internasionale reg geword het. Alhoewel meeste wetgewing op die terrein van internasionale en nasionale uitleweringsreg die beginsel van dubbelkriminalitiet insluit, is daar sterk meningsverskilonder regsgeleerdes tov die status van die beinsel. Die gevolgtrekking is dat die beginsel nie 'n algemene reël van die internasionale reg is nie. Ten slotte word daar gekyk of die dubbelkriminaliteitsbeginsel as 'n beginsel van internasionale menseregte geklassifiseer kan word. Alhoewel die beginsel ooreemste met menseregtenorme toon - veral die beskerming van die individu in uitleweringsaangeleenthede - is daar 'n aantal aspekte wat d it van menseregte 0 nderskei. I nternasionale uitleweringsreg en internasionale menseregte deel nie dieselfde ontwikkelingsgeskiedenis nie. Die gevolgtrekking is dus dat die dubbelkriminaliteitsbeginsel nie deel vorm van internasionale menseregte nie.

This thesis analyses the crime of trafficking in persons under international law with a special focus on Jordanian legislation, arguing that efforts to address the crime of trafficking in persons require a holistic approach, but it will focus on questions of jurisdiction and legal definitions. After analysing the definitions, elements, forms, and typologies of the crime of trafficking in persons under the Trafficking in Persons Protocol (TIPP) as the main legal international instrument, this thesis further examines whether or not Jordanian legislation is in line with international standards. Then, under the holistic approach to addressing the crime of trafficking in persons, this thesis examines trafficking in persons as a transnational organised crime. Subsequently, it examines trafficking in persons as a crime against humanity by examining whether or not the International Criminal Court (ICC) might be regarded as an effective organ for addressing trafficking in persons as a crime against humanity. Later, the thesis examines the efforts made in Jordan to address the crime of trafficking in persons. Accordingly, this thesis concludes that trafficking in persons is a multi-dimensional problem and that long-term success will not be achieved by taking a disjunctive approach to addressing its many facets. Therefore, achieving a unified approach will lead to a permanent solution or will at least make a major contribution to addressing the problem.

This work aims to make primary vivid the feasibility of establishing a joint police as part of MERCOSUL as already happens in the European Union (Europol). Indeed, through the expansion of certain crimes across national borders, no longer shows the effective methodology of traditional police repression of each State. It is necessary to creating a transnational police, with acting and with specialties geared to the reality of South America. The methodologies available today were long overdue, ineffective even before the mere control of illegal places of each country. Although there are between countries that make up the block a well-intentioned, though nascent, police cooperation. However, that experience is still far from achieving the success that only bring the formation of a common police. That art, talk will be on a first date, on the existing mechanisms for cooperation in MERCOSUL and on the difficulties that the current systematic ultimately face before the transnational crimes. Finally, in a second time, it will study on the feasibility of implementing a common police in South America and, finally, what benefits that arise desired unification.
Este trabalho tem por finalidade primordial tornar vívida a viabilidade de instituição de uma polícia comum no âmbito do MERCOSUL, à semelhança do que já ocorre na União Européia (Europol). Com efeito, por meio da expansão de determinados crimes para além das fronteiras nacionais, já não se mostra eficaz a metodologia de repressão tradicional das polícias de cada Estado. Urge, isto sim, que se forme uma polícia transnacional, com atuação e com especialidades voltadas para a realidade da América do Sul. As metodologias existentes hoje já se mostraram vencidas há muito tempo, ineficazes até mesmo perante o mero controle dos ilícitos locais de cada país. Não se olvide de que há entre os países que compõem o bloco uma bem intencionada, embora incipiente, cooperação policial. Todavia, essa experiência ainda longe está de alcançar os sucessos que só advirão da formação de uma polícia comum. Dessa arte, discorrer-se-á, em um primeiro momento, acerca dos mecanismos de cooperação já existentes no MERCOSUL, bem como sobre as dificuldades que a sistemática atual acaba por enfrentar perante os delitos transnacionais. Por fim, em um segundo momento, estudar-se-á sobre a viabilidade de implementação de uma polícia comum na América do Sul e, finalmente, quais benefícios adviriam dessa almejada comunhão.

Magister Legum - LLM (Criminal Justice and Procedure)
In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice and Human and Peoples' Rights (ACJHPR) by vesting it with criminal jurisdiction. The ACJHPR will comprise of three sections, namely, a General Affairs Section, a Human and Peoples' Rights Section and an International Criminal Law Section. The Malabo Protocol, therefore, confers the proposed ACJHPR with criminal jurisdiction over international and transnational crimes. Although the Malabo Protocol and its Statute are not yet in force, the fact that in Africa there is a possibility of having the 'African Criminal Court (ACC)' deserves a critical analysis.

This investigation explores the international perspectives of causality of human traffic, specifically, traffic into commercial sexual exploitation. Current Western approaches to combat trafficking centre around law and order, immigration issues, and victim protection programs. While these are important for a holistic effort to deter traffic, these foci overlook prevention endeavors, thereby acting as a band-aid on a bullet wound, addressing the symptoms, but not the foundation of trafficking. Western perspectives toward prevention concentrate on economic aspects of supply and demand while crediting the root cause to be poverty. Using social exclusion theory, this thesis demonstrates that the current paradigm of viewing human trafficking in purely economic terms is an oversimplification. This project proposes to widen the focus of prevention efforts those cultural and social structures which push and pull victims into trafficking. The research is a response to an international call for further initiatives to prevent human trafficking, the recent rise of human traffic in Guatemala, Central America and the lack of research which focuses on the social links with trafficking and mainstream society. Research conducted in Guatemala, included a thirteen-month ethnography and involved one-hundred and thirteen qualitative interviews conducted in nine Guatemalan cities strategically located along trafficking routes. The target research population included women sex workers and former traffic victims from Central America and included insights from non-governmental organizations workers. Twenty-three interviewees were Central American migrants which provided insight in the wider regional structures of traffic and commercial sexual exploitation. The interviews aimed at understanding the lived experiences of exploitation in order to determine whether social exclusion affects human traffic within commercial sexual exploitation. The findings revealed the underlying social and cultural structures which reinforce human trafficking. Empirical data collected provides real-time data on trafficking networks, commercial sexual exploitation and reveals the geo-political significance of Guatemala as a hot-spot for traffic. Analysis of interviews illustrates variations in the experience of human traffic and commercial sexual exploitation which challenges current western stereotypical ideas on traffic victims. Conceptually, macro-structures—political, economic, social, and violence—are presented as a back drop for the formation of wider networks of exploitation. The exploration of violence as a push factor challenges international forced repatriation policies. Micro-structures—gender roles, family, violence, and coping strategies—are examined in the ways they perpetuate social systems of trafficking and commercial sexual exploitation. Theoretically, the thesis argues against the current paradigm which narrowly focuses on economics, but calls for the incorporation of social exclusion theory to understand the multi-dimensionality of human traffic and its wider links to society in order to open up new dialogue for prevention between the West and the majority world.

Este estudo teve como objetivo abordar aspectos comparativos de cooperação internacional focando o tráfico internacional de pessoas para fins de exploração sexual. Inicíase a abordagem refletindo sobre a dignidade da pessoa humana e as questões socioculturais que permitem que a exploração sexual continue a existir e necessite uma investigação e persecução diferenciada de outras modalidades criminosas. A cooperação internacional, entre órgãos governamentais e não governamentais, é discutida em razão da transnacionalidade do crime de tráfico internacional de pessoas e atuação de organizações criminosas. O estudo comparativo de legislações e melhores práticas implementadas pelos Estados é realizado principalmente em relação aos países membros da União Europeia e do MERCOSUL e busca apontar pontos positivos e deficiências a fim de sugerir ações que devem ser implementadas ou melhoradas para que o tráfico internacional de pessoas para exploração sexual possa tornar-se cada vez mais difícil de ser realizado
This work aims to address comparative aspects of international cooperation focusing on international trafficking in persons for sexual exploitation. The approach initiates reflecting on the dignity of the human person and the socio-cultural issues that allow the sexual exploitation to continue to exist and to require an investigation and prosecution that differs from other criminal procedures. International cooperation, between governmental and non-governmental organizations, is discussed because of the transnational nature of the crime of international trafficking in persons and of the activities of criminal organizations. The comparative study of legislation and best practices implemented by the States addresses mainly the European Union and MERCOSUR member States and seeks to identify strengths and weaknesses in order to suggest actions that should be implemented or improved so that the international trafficking in persons for sexual exploitation may become increasingly difficult to realize.

碩士
國立政治大學
國家安全與大陸研究碩士在職專班
98
In spite of the great differences of social, political and legal system between the two sides of Taiwan Strait after more than six decades of cut-off tie, the cross-strait policy is relaxed step by step based on a shared language and cultural relationship. Our government declared martial law ended on July 15, 1987, and allowed people in mainland China to visit Taiwan in recent years. As the non-government exchange is becoming more frequent, it caused serious cross-border crime like gun and drug smuggling, illegal immigration, telecom fraud, and kidnapping for ransom. Furthermore, many criminals and organized gangsters fled to mainland China and engaged in illegal activities, which hurts the social order of the two sides very much. Though the Cross-Strait Agreement on Joint Crime-Fighting and Judicial Mutual Assistance was signed, it still has a long way in practice to reach the ideal. This study focuses mainly on analyzing criminal modus operandi and investigation system of Cross-Strait criminal activities, the problems of ongoing cooperation in practice and law, and then proposing proper proposal on the future cooperation of cross-strait crime-fighting which aims to solve the difficult point between the two sides. This thesis is divided into five chapters: Chapter one is the introduction about study motive, purpose, range, and research methods. Chapter two is to analyze and compare the criminal procedure by dissecting the different subjects of investigation, leading to varied beginnings, processes, and methods, thus influence perception of information exchanges, repatriation and evidence collecting. Chapter three is the history of cooperation against crime between the two sides, which mainly introduces its backgrounds. That is, principle and two significant agreements: one is the institutionalized joint crime-fighting cooperation mechanism between the two sides police in 2005, the other is the Cross-Strait Agreement on Joint Crime-Fighting and Judicial Mutual Assistance signed in 2009. Chapter four is to analyze varied types of cross-border crime and emphasize the importance and urgency of joint crime-fighting. Chapter five is the conclusion which proposes future cooperation modes in the aspects of communicated platform building, information exchange, evidence collecting and repatriation etc, and offers follow-up studies and the authorities concerned for reference.

D.Litt et Phil. (Social Work)
Children’s rights are fundamental to their growth and development, and child trafficking hampers the achievement of these rights. The growth of child trafficking continues to influence the responsibilities expected of social workers. Thus, it is essential that social workers are able to respond to the needs of trafficked children. Unfortunately, South Africa lacks literature on how cross-border trafficked children experience, perceive and understand identification and initial assistance processes. There is a gap in South African theoretical literature on child trafficking intervention guidelines. The result is that social work knowledge on victim assistance has not kept pace with the growing social issue in South Africa. The aim of this study is to develop psychosocial intervention guidelines for trafficked children in South Africa. The ever-growing burden of child trafficking demands that effective and efficient interventions are designed and implemented. Therefore, to fulfil the goal of the study, the overarching intervention research model used was the Rothman and Thomas (1994) Design and Development (D&D) model, which was complemented by Thomas’s (1984) Developmental model. The two models were chosen because they are directed by the practical realities in the social work field. The D&D model has six well-defined phases, although in this study, only the first four phases were applied. In the first phase, the rapid identification of child trafficking and the provision of initial assistance to child victims of trafficking were acknowledged as key issues that require social work intervention. The state of existing interventions was investigated during the state-of-art review, and a feasibility study was conducted to establish the resources required for the study. The outcome of the activities indicated that psychosocial intervention guidelines for child victims of transnational trafficking were needed. During the data-gathering phase, the researcher conducted a document study to establish what had been done to address the issues identified. An empirical study was also conducted using narrative interviews with ten trafficked children, seven social workers, and 15 key stakeholders. The data was analysed using thematic analysis and was subjected to literature control. The data further influenced the researcher’s decision to continue with the design phase. The design objectives, domains, and requirements were outlined in the design phase. This was closely followed by the conversion and intervention design processes, which included the formulation of generalisations and the development of the practice guidelines. Within the development of the guideline, additional skills were identified and recommended, and strategies were presented to support the implementation process. During the early development and pilot testing phase, it was evident that the process of development is intertwined with the realities of users, and thus designing continued into this phase. Pilot testing of the guidelines was conducted with social workers as the intended users to determine if these guidelines were viable and could be used as a practice tool. The social workers were satisfied with the guidelines. The design work, based on the social worker’s suggestions and the introduction of the Trafficking Act (2013), ensured that the goal of the study was achieved. The guidelines were developmentally valid, reasonably coherent, and reflective of the social work practice and policy implementation in South Africa. Rapid identification, timeous and appropriate referral and the immediate provision of assistance are fundamental aspects of addressing trafficked children’s needs and contribute towards the child’s recovery and healing process. In as much as it might be a challenge to provide all trafficked children with the opportunities, services and assistance required, providing high-quality social work assistance is a critical issue worth pursuing.

碩士
中國文化大學
法律學研究所
94
The structure of this article is based on the theory of elements in the criminal law and regulations related to the Money Laundering Control Act are introduced for a detailed discourse. Seven chapters are divided with sections in each chapter. A summary of each chapter is made as follows: Chapter 1: Introduction: The motif, purpose, method and scope of this study are expounded in this chapter. Chapter 2: Protection of legal interests against money laundry: The legal interests protected by money laundering will be defined first before introducing the types of legal advantages of money laundry protection. A comparison between current theory and practice in relation to legal interests of money laundering protection and legal advantage of money laundry protection in other countries will be made. Chapter 3: Examination of subject and object of money laundry: The subject behavior in accordance with the regulations in the Money Laundering Control Act will be analyzed. An in-depth study on the object of money laundering behavior will be conducted. Chapter 4: Subjective elements of money laundering: Cases related to bogus bank accounts in financial institutions for money laundering will be studied. Lawless persons take advantage of senior veterans or ignorant people to open accounts in banks. Profits from illegal gains are sent to these bogus bank accounts to prevent follow-up audits. Opinions of domestic and overseas scholars are integrated for analysis and suggestions. Chapter 5: Money laundering behavior: Types of money laundry are discussed in details in order of concealing, hiding, receiving, handling, safekeeping, willful purchase and brokerage. Besides, the types, characteristics and important cases concerning bogus bank accounts for money laundering examined in the previous chapter will be further explored. Chapter 6: Review of severe crimes: The scope of severe crimes will be introduced. The correlation between behavior before a severe crime and the object is elaborated. Legislation against severe crimes in different countries is consulted as a reference for proper handling and suggestions to solve the critical crimes in our country. Chapter 7: Conclusion: A conclusion related to the Money Laundering Control Act in Taiwan is made. Opinions are provided for reference of legal amendments in the future.

碩士
國立中正大學
戰略暨國際事務研究所
105
After the Cold War, the discussed issues have gradually hastened widely in every fields, but cross-border crime takes the threat of international society into the most concerned point. Traditional researches focus on 《United Nations Convention against Transnational Organized Crime》and law enforcement cooperation. This thesis bids farewell to the Traditional research, using Thomas Pogge’s global justice theory, revealing justice as the central explanation and shows that injustice global institutional serve the global poverty and shows that unjust global institutional leads to global poverty. As a result, those in impoverishment have no choice but to commit crimes to survive. The international society may become the method to recall the value of global justice for poverty country, going through moral compensate and reform, hoping can make impoverished countries restore stability and find the solution to deal with the transitional crimes that impoverished countries occurred. Therefore, the study core of this article is to analyze the poverty and relation of Somalia, inspecting whether the reform of unjust global institutional can improve the poverty and piracy dilemma in Somalia.

This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad Al Bashir. It can be agreed that the doctrine of immunity in international law attempts to overcome the tension between the protection of human rights and the demands of state sovereignty. The statutes and decisions of international criminal courts make it clear that no immunity for international crimes shall be attached to heads of states or to senior government officials. However, the case against the Sudanese President, where the jurisdiction of the ICC was triggered by the UN Security Council‟s referral of the situation in Darfur to the Court, represents the first case where a serving head of state has, in fact, been indicted before the ICC. From this case, a number of legal issues have arisen
such as the questions where the ICC‟s jurisdiction over an incumbent head of state, not party to the ICC Statute, is justified, and the obligations upon ICC state parties to surrender such a head of state to the requesting international criminal court. This paper gives an analysis of these questions.

碩士
國立成功大學
政治經濟學研究所
95
After the Cold War, the international terrorism, transnational crime, drugs, smuggling, and race conflicts threatened to international society. Security concepts extended from military or political affairs to human security or comprehensive security including politics, economics, and society. Strike on transnational crime has become an important topic in international cooperation affairs. There are various opinions about international cooperation, the basis of cooperation, possibility of cooperation and cooperation effects in the international relation theories. Neorealism and neoliberalism argue states pursue power, but the distribution of power is unbalanced in international system. And every state has different gains from international cooperation. Relative gains and absolute gains become important factor which affect the cooperation. Further Constructionism claim gains exist on a basis of identification. The criminal problems between the cross-strait got worse, especially drugs problem. Present the regime of cross-strait criminal enforcement and information is mainly through the connection of Red Cross(both in Taiwan and China),or the council of Mainland Affairs and council of Taiwan Affairs for investigation and sent back the criminal fugitives. And exchange information indirectly from Intropl . However the effects of cooperation were not good. Because the gains of cooperation were not equal while the source of threaten was different. The incentive of cooperation was not enough while the teams of cooperation were little. The enforcement of cooperation was changed by the attitude and willing of China made the institutionalization of cooperate in low level. And the dispute of jurisdiction made the mutual legal assistances hardly to expand. To exam the distribution of gains from cooperation, China got few gains. The relative gains influenced the accomplishment of cooperation, but the cooperation is going on with bad results. The few effects of cooperation was not just the matter of relative gains but also influenced by the dispute of jurisdiction to restrict the mutual legal assistances . However the dispute of jurisdiction was due to the divergence of one China principle between China and Taiwan. The negative relation of identify between cross-strait made not to establish mutual legal assistances completely. And by the way it effect the outcome of cooperation for anti-drugs.

Every phenomenon evolves with times. Illicit activities like Transnational Organized Crimes (TOC) are not an exception in this regard. Africa, especially West and Southern Africa, have been challenged by a number of TOCs. Ghana and South Africa are amongst the countries in West and Southern Africa that have been subjected to a range of crimes of this nature. Drug trafficking and money laundering are the most prominent illicit activities in Ghana and South Africa. Drug trafficking and money laundering has been prevalent in Ghana and South Africa to such an extent that it has contributed to the growth of illicit economy. Increased size of illicit economy, constrained state capacity and expansion of TOCs are amongst effects of drug trafficking and money laundering in Ghana and South Africa. This dissertation evaluates state capacity in relation to drug trafficking and money laundering in Ghana and South Africa in the period from 2001 to 2011. Regulatory, administrative, technical and extractive are elements of state capacity being looked at. The research used qualitative research method, this was achieved through textual analysis of secondary sources. Regulatory, administrative, and technical state capacity elements have been fairly operational in dealing with drug trafficking and money laundering in the period from 2001 to 2011 in the two countries being looked at. On the other hand extractive state capacity element has been struggling from 2001 to 2011 in reducing drug trafficking and money laundering in Ghana and South Africa. It is clear that globalization has played an important role in the occurrence of the two TOCs under discussion. To better understand TOCs further research needs to look at other regions within and outside Africa.
Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2013.

This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. SUMMARY “Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.” (US Secretary of State Hillary Rodham Clinton, US Department of State, Trafficking in Persons Report, 2010) This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem. A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories:  Explore and describe the phenomenon of human trafficking.  Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based.  Explain how the identification of the phenomenon of human trafficking fits into the policing process.  Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.  Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully. The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit. It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa.
Police Practice
D. Litt. et Phil. (Police Science)

The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited.
Criminology
D. Litt. et Phil. (Criminology)

Abstract in English, Xhosa and Tswana
The recognition of the role of females in drug trafficking was established more than 30 years ago and there are notable cases of women undertaking leading roles in this crime for almost 100 years. This phenomenon has gained popularity in South Africa as is evidenced by the number of women who are found and incarcerated for smuggling drugs into or out of South Africa. The purpose of this study was to gain an in-depth understanding of the female drug mule phenomenon and explain the reasons why female drug mules are involved in drug smuggling. The objectives of the study were to develop a profile for female drug mules incarcerated in South African correctional centres, specifically Kgoši Mampuru II and Johannesburg Female Correctional Centre; to establish risk factors for being recruited and used as drug mules; to explain the mules’ motivations for being involved in drug smuggling; to determine the physical and emotional impact drug smuggling has on the drug mules; and to determine the methods used by drug mules to smuggle drugs. A qualitative research approach, with the use of one-on-one semi-structured interviews, was used to obtain information from participants. The sample comprised 20 diverse female offenders incarcerated at Kgoši Mampuru II and Johannesburg Correctional Centres. The data from the schedule of interview questions were analysed using thematic analysis, coding and categorising. It is envisaged that this research will be of significance to the criminal justice system, as recommendations on deterrence and preventative measures regarding the use of females as drug mules may be made from the findings. The general findings of this research demonstrate that a female drug mule, in the context of this study, is an African or Spanish woman that is open to methods that can produce various streams of income to support her children and family. Secondly, the findings in this dissertation revealed that women are recruited as drug mules because of their vulnerable economic state. Lastly, the most common method used to smuggle drugs revealed by participants in this research is through luggage concealment. Through this study, an in-depth insight into the history and life circumstances of female drug mules is provided. This will also help society to understand why some individuals are at risk of being recruited as mules or are motivated to engage in drug smuggling. Consequently, this research study may assist in the creation of early detection, education and awareness programmes surrounding the risks associated with drug smuggling.
Ukuthatha inxaxheba kwabasetyhini ekuhambiseni iziyobisi kwaqala ukubhalwa ngako ngaphaya kweminyaka engama-30 adlulayo, kanti phantse kwiminyaka eli-100 eyadlulayo zazikho iingxelo ngamakhosikazi adlala iindima eziphambili ekuhambiseni iziyobisi. Apha eMzantsi Afrika lo mbandela uye wafumana ukwaziwa kakhulu ngenxa yeqela labasetyhini abafunyaniswe baza bavalelwa entolongweni ngenxa yokuthubelezisa iziyobisi ezingenisa okanye ezikhupha kweli loMzantsi Afrika. Injongo yesi sifundo yayikukuqonda nzulu lo mkhwa wemeyile (isilwanyana sokuthwala) yeziyobisi nokuchaza izizathu zokuba ababhinqileyo babe ziimeyile zeziyobisi. Esi sifundo sijonge ukuqulunqa ubume bomntu obhinqileyo oyimeyile yeziyobisi okhe wavalelwa kwiintolongo zaseMzantsi Afrika, ngakumbi iKgoši Mampuru II kunye neJohannesburg Correctional Centre. Okunye okujongwe sesi sifundo kukufumanisa umngcipheko abakuwo abafazi abarhwebeshwayo basetyenziswe njengeemeyile zeziyobisi; kuchazwe izinto ezikhuthaza ukuba ubani abe yimeyile yeziyobisi; kufunyaniswe ukuba ukuthubelezisa iziyobisi kumchaphazela njani umthubelezisi/imeyile emphefumlweni nasemzimbeni; kubuye kufunyaniswe iindlela ezisetyenziswa zezi meyile zingabafazi ekuthubeleziseni iziyobisi. Kusetyenizswe indlela yophando eqwalasela amanani ukuze kufunyanwe ulwazi kwabo bathathe inxaxheba, kwenziwa nodliwano ndlebe lobuso ngobuso olungaqingqwanga ngqongqo. Isampulu yophando ibe ngamabanjwa abhinqileyo angama-20 ahlukeneyo navalelwe eKgoši Mampuru II naseJohannesburg Correctional Centre. Iinkcukacha zolwazi/idata ehlalutyiweyo iquka ezo nkcukacha zithathwe kwiimpendulo zemibuzo yodliwano ndlebe apho kuhlalutywe imixholo, kwafakwa iimpawu/iikhowudi zabuya zahlulahlulwa zaba ngamahlelo iinkcukacha zolwazi. Kucingwa ukuba olu phando luya kuba luncedo kwinkonzo yezobulungisa kuba okufunyanisiweyo nokucetyiswayo kunganceda ekuqulunqeni amanyathelo okuthintela nokuthibaza abaphuli mthetho ekusebenziseni abantu ababhinqileyo njengeemeyile zeziyobisi, kubabonise nabo abafazi ububi bokuba ziimeyile zeziyobisi. Uluntu ngokubanzi nalo luya kuncedakala kokufunyaniswe lolu phando. Esi sifundo siveze ukuqonda nzulu ngembali neemeko zobomi beemeyile zeziyobisi ezibhinqileyo. Olu lwazi lunganceda ukuba abantu baqonde ukuba kwenzeka kanjani ukuba abanye abantu babe semngciphekweni wokurhwebeshelwa ukusebenza njengeemeyile zeziyobisi, baqonde nokuba zintoni ezikhuthaza ubani ukuba azibandakanye nokuthubelezisa iziyobisi. Ngoko ke olu phando lunganceda ekwenzeni iinkqubo zokuqaphela kwangoko ubani oyimeyile, ezokufundisa nezokwazisa uluntu ukuze kuthintelwe imingcipheko enxulumene nothubeleziso lweziyobisi.
Seabe sa batho ba bomme mo kgwebong e e seng mo molaong ya diritibatsi se kwadilwe la ntlha dingwaga di feta 30 tse di fetileng, mme mo sebakeng se se ka nnang dingwaga di le 100, go nnile le dikgetse tse di lemogilweng tsa basadi ba ba eteletseng pele kgwebo e e seng mo molaong ya diritibatsi. Mo Aforikaborwa, ntlha eno e tlhageletse thata ka ntlha ya palo ya basadi ba ba tshwerweng le go golegwa ka ntlha ya go tsena gongwe go tswa ka diritibatsi ka tsela e e seng mo molaong mo Aforikaborwa. Maitlhomo a thutopatlisiso eno e ne e le go tlhaloganya thata ntlha ya basadi ba ba tsamaisang diritibatsi e seng ka fa molaong le go tlhalosa lebaka la gore goreng basadi ba ba tsamaisang diritibatsi e seng ka fa molaong ba nna le seabe mo go tsamaiseng diritibatsi jalo. Maikaelelo a thutopatlisiso ke go dira porofaele ya basadi ba ba tsamaisang diritibatsi ka tsela e e seng mo molaong, ba ba golegilweng kwa ditikwatikweng tsa kgopololo tsa Aforikaborwa, go totilwe Ditikwatikwe tsa Kgopololo tsa Kgosi Mampuru II le Johannesburg, go bona dintlha tsa matshosetsi a gore basadi ba ngokelwe go dirisiwa jaaka batsamaisi ba ba seng mo molaong ba diritibatsi; go tlhalosa gore batsamaisi ba ba seng mo molaong ba diritibatsi ba susumediwa ke eng gore ba nne le seabe mo go tsamaiseng diritibatsi ka tsela eo; go lebelela gore go tsamaisa diritibatsi go go seng mo molaong go amile jang motho yo o tsamaisang diritibatsi mo mmeleng le mo maikutlong; le go lebelela mekgwa e e dirisiwang ke batsamaisi ba diritibatsi ba basadi go tsamaisa diritibatsi ka tsela e e seng mo molaong. Go dirisitswe molebo wa patlisiso e e lebelelang mabaka go bona tshedimosetso go tswa go bannileseabe, ka tiriso ya dipotsolotso tse di batlileng di rulagana tsa batho bongwe ka bongwe. Sampole e dirilwe ka bagolegwa ba basadi ba ba farologaneng ba le 20 ba ba golegilweng kwa Ditikwatikweng tsa Kgopololo tsa Kgosi Mampuru II le Johannesburg. Data e e lokolotsweng e na le data e e gogilweng go tswa mo sejuleng ya dipotso tsa dipotsolotso mme e lokolotswe go ya ka morero, go khouta le go aroganya data ka dikarolo. Go solofelwa gore patlisiso eno e ka nna mosola mo tsamaisong ya bosiamisi jwa bosenyi ka ntlha ya fa diphitlhelelo le dikatlenegiso di ka thusa mo go tlhamiweng ga dikgato tsa thibelo go dira gore batlolamolao ba tshabe go dirisa basadi jaaka batho ba ba tsamaisang diritibatsi e seng mo molaong le go thibela basadi go nna batsamaisi ba diritibatsi ba ba seng mo molaong. Baagi le bona ba ka ungwelwa go tswa mo diphitlhelelong tsa patlisiso eno. Ka thutopatlisiso eno, go tlamelwa ka tshedimosetso e e boteng ya lemorago le seemo sa botshelo sa basadi ba ba tsamaisang diritibatsi e seng ka fa molaong. Seno se ka thusa baagi go tlhaloganya gore goreng batho bangwe ba le mo matshosetsing a go ka ngokelwa go tsamaisa diritibatsi ka tsela e e seng mo molaong gongwe ba rotloetsega go nna karolo ya go tsamaisa diritibatsi ka tsela eo. Ka ntlha ya seo, thutopatlisiso eno e ka thusa gore go tlhamiwe mananeo a temogo ya go sa le gale, thuto le temoso go fokotsa matshosetsi a a amanang le go tsamaisa diritibatsi e seng ka fa molaong.
Criminology and Security Science
M.A. (Criminal Justice)