North American Organised Crime

The Italian-American mafia is one of the most enduring images of organised crime, but separating fictional images of organised crime from the real thing has not been easy. Overall, organised crime is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. Its continuing existence is maintained through the use of force, threats, monopoly control, and/or the corruption of public officials. The past 20 years have seen a decline in the influence of Italian-American organised crime in the US, but this has been offset by the rise of other forms of organised crime, not least groups from the former USSR. Meanwhile, the Canadian underworld is dominated by Asian groups, East European groups, Italian groups, and outlaw motorcycle gangs. The major organised crime groups in Mexico are extended networks composed of Mexican nationals living in Mexico, Mexican-Americans, and Mexican immigrants living in the United States, operating as competing networks in the illicit drug business from supply, to transit, to destination and buyers.     

Organised Crime in East Central Europe: The Czech Republic,Hungary and Poland

Recent developments in East Central Europe have made countries in the region increasingly attractive to organised crime. The development of organised crime in ECE is seen as a significant problem with global implications. The roots of organised crime in ECE date back to the 1970s, but conditions after the revolutions of 1989 led to an influx of foreign-based gangs into the region. This has resulted in the emergence of organised crime that is predominantly international in character. Gangs have established strategic alliances to organise operations spanning three continents. The countries of ECE have been fighting back against organised crime and significant advances have been made. Continued criminal operations through the region, however, are perceived as a threat on a global scale. The accession of the Czech republic, Hungary and Poland into the EU in May 2004 will provide a clear litmus test for how successful these attempts have been to date.     

Globalisation and Latin American and Caribbean Organised Crime

The longstanding institutional weaknesses of most states in Latin America and the Caribbean, in combination with the existence of a highly lucrative underground drug trade in the Western hemisphere, make the countries in that corner of the world system not only especially prone to indigenous organised crime, but also attractive targets for transnational criminal enterprises. In most of the region, the dynamics of globalisation over the last two decades have resulted in almost ideal conditions for the rapid penetration and spread of transnational organised crime. Thus, as well as considering the overall situation in Latin America and the Caribbean, this article will particularly consider the scope and impact of the post-Cold War wave of Russian transnational organised crime to illustrate this phenomenon.     

International Norm Diffusion and Organised Crime Policy: The Case of Greece

The premise of this paper is that a section of the Greek policy-making elite responsible for formulating policy against organised crime has taken advantage of an internationally-developed programme of action on this issue to strengthen perceptions of the Greek state's legitimacy amongst both domestic and foreign audiences. Although positive reaction to foreign pressure for policy change has tended to be made at the risk of losing further legitimacy in the eyes of domestic public opinion, in this case the issue of organised crime has presented an opportunity to the policy-making elite to develop policy that also aims to bolster the domestic legitimacy of the state by dealing with criminality and presenting the state as a clean and neutral body acting for the common public good.     

Italian Organised Crime: Mafia Associations and Criminal Enterprises

The article reviews the different forms of organised crime in Italy. To begin with, it focuses on the Sicilian Cosa Nostra and the Calabrian 'Ndrangheta, Italy's two largest and most powerful mafia associations. With their centuries-old histories, articulated structures, sophisticated ritual and symbolic apparatuses and claim to exercise a political dominion, these associations have few parallels in the world of organised crime. In its second section, the article considers other groups and networks that are--with varying degrees of justification--also routinely described as organised crime: these range from the Neapolitan camorra to Apulian organised crime and the so-called new 'foreign mafie' and other criminal entrepreneurs. Whereas the new Italian and foreign players are likely to expand their activities on Italy's illegal markets, the future of Cosa Nostra and the 'Ndrangheta is more uncertain and largely depends on the decisions made by the public administrations.     

The Crime-Terror Continuum: Tracing the Interplay between Transnational Organised Crime and Terrorism

Increasingly since the end of the Cold War and the subsequent decline of state sponsorship for terrorism, organised criminal activities have become a major revenue source for terrorist groups worldwide. Building on the precedent set by narco-terrorism, as it emerged in Latin America in the 1980s, the use of crime has become an important factor in the evolution of terrorism. As such, the 1990s can be described as the decade in which the crime-terror nexus was consolidated: the rise of transnational organised crime and the changing nature of terrorism mean that two traditionally separate phenomena have begun to reveal many operational and organisational similarities. Indeed, criminal and terrorist groups appear to be learning from one another, and adapting to each other's successes and failures, meaning that it is necessary to acknowledge, and to understand the crime-terror continuum to formulate effective state responses to these evolving, and periodically converging, threats.     

Criminal Exploitation of Online Systems by Organised Crime Groups

This article considers how information and communications technologies (ICT) can be used by organised crime groups to infringe legal and regulatory controls. Three categories of groups are identified: traditional organised criminal groups which make use of ICT to enhance their terrestrial criminal activities; organised cybercriminal groups which operate exclusively online; and organised groups of ideologically and politically motivated individuals who make use of ICT to facilitate their criminal conduct. The activities of each group are then assessed in relation to five areas of risk: the use of online payment systems, online auctions, online gaming, social networking sites and blogs. It is concluded that the distinction between traditional organised crime groups and the other two groups—cybercriminal groups and ideologically/politically motivated cyber groups—is converging, with financially-motivated attacks becoming more targeted. Legislation will need to adapt to deal with new technological developments and threats that organised criminals seek to exploit.

Organized Crime and Trust:: On the conceptualization and empirical relevance of trust in the context of criminal networks

Organised crime networks are often characterised as being held together by bonds of trust, but the conventional wisdom regarding the relation between trust and organised crime lacks a comprehensive theoretical and empirical underpinning. The purpose of this paper is to explore where deeper research on this issue may lead and how it can potentially contribute to a better understanding of organised crime in general. Drawing on the general sociological literature, it provides a preliminary conceptualisation of trust in the context of organised crime centred around a fourfold typology along the micro-macro dimension. The authors use anecdotal evidence from their research on illegal markets for highly taxed goods in Norway and Germany to illustrate that there are different types of trust, that there are different consequences of the violation of trust, and, finally, that there are criminal relations not based on trust at all.     

Organised crime groups in cyberspace: a typology

Three categories of organised groups that exploit advances in information and communications technologies (ICT) to infringe legal and regulatory controls: (1) traditional organised criminal groups which make use of ICT to enhance their terrestrial criminal activities; (2) organised cybercriminal groups which operate exclusively online; and (3) organised groups of ideologically and politically motivated individuals who make use of ICT to facilitate their criminal conduct are described in this article. The need for law enforcement to have in-depth knowledge of computer forensic principles, guidelines, procedures, tools, and techniques, as well as anti-forensic tools and techniques will become more pronounced with the increased likelihood of digital content being a source of disputes or forming part of underlying evidence to support or refute a dispute in judicial proceedings. There is also a need for new strategies of response and further research on analysing organised criminal activities in cyberspace.

Dirty Businesses in Italy: A Case-study of Illegal Trafficking in Hazardous Waste

This article focuses on trafficking in hazardous and special waste in Italy during the past decade with particular attention to the role played by mafia groups and other legal and illegal actors. A number of examples of illegal management and trafficking of waste are analysed to show the techniques used and the kind of actors involved (traditional mafia-type organisations, corporate entities, legitimate enterprises and businessmen, local authorities and other official actors). It concludes that a number of factors have facilitated and/or enhanced the development and growth of the illegal waste trafficking business (such as the growing demand for clandestine and cheaper services in the sector, the low business ethic of some segments of Italian industry, the delay in implementing proper waste-management policies and legislation, and the low public awareness regarding the threat posed by eco-crimes).     

The Changing Face of the Yakuza

Over the last half century, Japan has undergone considerable political, economic and social change. In response to these changes, Japan's criminal organisations, collectively known as yakuza, have themselves rapidly adapted. This chapter explores these developments. The two main factors driving the yakuza's historical development are first, changing market opportunities and secondly, vagaries in the legal and law-enforcement environment in which these groups operate. During the last decade these two factors have had a serious impact on the yakuza fortunes; the 1992 bōryokudan (yakuza) countermeasures law and Japan's protracted economic woes following the collapse of the bubble economy in 1990 have made their lives considerably harder. Since then, legal and social developments have further undermined these groups. While the yakuza have attempted to reduce the impact of these developments by adopting a lower profile and strengthening the mechanisms by which inter-syndicate disputes are resolved peacefully, there is inevitably a tension here with their members' needs to make money. The continued existence of illegal markets, and the lack of political will to seriously tackle these groups, makes the survival of these groups a certainty. However, the space within which they can operate has diminished and is diminishing.     

Inequality, Crime and the Floating Population in China

Since the Open and Reform Policy, China has been making great progress toward modernization. A salient phenomenon accompanying economic boom is increased social inequality and crime, and these are destabilizing Chinese society. This paper shows how income and social inequality were socially, structurally and institutionally constructed during the reform period because of a continuation of the pre-reform social strata that deprived peasants of equal access to education, employment, housing, and health care opportunities. The social inequality gives rise to a huge floating population which is socially disorganized and has no attachment, commitment, or involvement in communities. Low external control and strain also led to high crime rates among the floating population.

Transnationalisation, Orientalism and Crime

The paper begins with the question: how applicable are European and North American criminological theories to the situation in Asia? It takes a transnational and comparative perspective in relating contemporary and historical trends in crime, crime definition and crime control in a variety of Asian countries that comprise the so-called Confucian sphere. It provides a criminological critique of the ‘Asian values debate’ and, through an analysis of trends in crime, crime definition and crime control in China and Japan, of organised crime across the region, as well as selected examples of state-organised crime, seeks to provide a perspective on the developing criminological discourses of ‘the Orient’. The paper argues that, although cultural aspects are important and interesting in understanding the crime situation in the region, ultimately it is changes in politics and governance, economy and society that are most efficacious in explaining current criminological trends and developments.     

Crime and Reactions to Crime in Scandinavia

This short overview of available statistical data on crime and penal systems in Scandinavia indicates that the level of traditional forms of crime in Scandinavia is on a par with or lower than that found in many other European countries. As elsewhere in western Europe, Scandinavia experienced a substantial increase in crime rates during the post‐war period—indicating that these recorded increases may have common structural roots. The 1990s witnessed a stabilization of theft rates, albeit at a high level. Increasing equality between women and men may have contributed to an increase in the reporting of violent and sexual offences against women (and children), making these offences more visible. The system of formal control in the Scandinavian countries is characterized by relatively low police density; a clear‐up rate that has declined; above‐average conviction rates; the imposition of fines in a high proportion of criminal cases; and relatively low prison populations. The implications for crime policies are discussed.     

论继承性共犯

继承性共犯,是指在先行为人已经实施了犯罪的手段行为或者结合犯的前一犯罪之后,以共同的犯罪故意单独或者帮助先行为人实施犯罪的目的行为或者结合犯的后一犯罪的犯罪人。继承性共犯只存在于两种犯罪形态中:一是由手段行为和目的行为结合而成的犯罪,二是结合犯。对继承性共犯应确定与被继承性共犯同样的罪名。     

犯罪黑数及其控制

犯罪黑数是指由于各种原因而没有记载在刑事统计中的具体犯罪数据 ,也就是刑事统计犯罪个数与实际发生的犯罪数之差。犯罪黑数存在的原因相当复杂 ,而要控制这一现象 ,也需要从其产生的社会原因、法律原因以及主体因素等方面加以考虑。     

《联合国反腐败公约》与我国反洗钱立法的完善

《联合国反腐败公约》对洗钱犯罪作了规定,我国现行《刑法》对洗钱罪的规定与《公约》存在较大差异,从而使我国对洗钱罪及其上游犯罪的预防和打击的效果受到影响。我们有必要对洗钱罪的犯罪构成要件作深入的研究并根据《公约》的规定完善我国关于洗钱犯罪的立法。     

评港刊《中国法律》之法律英译

香港出版的《中国法律》(2004年2月4号)“最新法律法规”栏,载有英译《中华人民共和国进出口关税条例》全文。经阅读,发现问题多多,不得不评。时下,法律界似有一种错觉:香港的英文地道,不会有错。但事实不然。     

中国内地与香港刑法乞讨罪比较研究

修改后的内地刑法增加了“强迫乞讨罪”，虽然中国内地与香港刑法均有与“乞讨”相关的罪名，由于两地分属不同的法系及两地人权保护理念和社会保障制度完善程度的不同，使两地对有关乞讨行为的法律规制诸如立法时限、犯罪主体、犯罪对象和法律处罚等有较大的差异。     

有组织犯罪--全球关注的问题

随着经济全球化、全球信息化的快速发展 ,有组织犯罪活动日益猖獗 ,并已成为全球关注的问题。从世界范围来看 ,不仅对什么是有组织犯罪及其范围引起了广泛的讨论 ,而且从立法和司法的角度对有组织犯罪进行了大量的对策研究 ,特别是从国际合作层面上加强刑法的一体化 ,共同打击跨国有组织犯罪越来越引起人们的关注。就我国而言 ,无论在立法上还是司法上尚存很大缺陷 ,需要进一步加以完善。为促进对这一问题的深入探讨 ,特请我国著名刑法学家、刑法学泰斗马克昌先生主持并组织了本组稿件