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     

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.     

国际合作--打击跨国有组织犯罪的基石

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     

论有组织犯罪的社会对策

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     

China’s Implementation of the United Nations Convention against Transnational Organized Crime

Seven years since signing and four years into its implementation, how well is China living up to the terms and spirit of the United Nations Convention against Transnational Organized Crime (UNTOC)? This paper reviews China’s compliance with UNTOC’s requirements concerning domestic criminal law and concludes that current P.R.C. law is substantially in conformity with UNTOC, though further legislative action is necessary to achieve full compliance. Looking beyond the law on the books, China continues to be a staunch supporter of international cooperation, as called for by UNTOC. Yet UNTOC has received scant attention in China compared with other multilateral instruments in the criminal justice realm. The timeline of reform begs the question whether UNTOC is responsible for goading China into taking any concrete legislative action. This paper posits that, in the absence of UNTOC, China’s domestic law would look exactly the same today.     

Expanding the Feminist Pathways Perspective beyond the United States: A Profile of Federal Women Prisoners in Argentina

A large body of knowledge within the criminological discipline has demonstrated that women and girls have distinct social and psychological risk factors that contribute to both their initial onset, and continued engagement, in offending behavior. However, most of this research has focused on U.S. samples of women offenders. Using mixed methods, the current research investigated the offense dynamics and possible risk factors for women’s imprisonment with incarcerated women (246 survey respondents; 12 interviewees) in the Argentine federal penitentiary system. We find that there are some similarities in the characteristics of women prisoners in Argentina and the characteristics of women prisoners in the United States, but also some distinctions, primarily in the prevalence of prior victimization. In addition, our results indicate that federal women prisoners in Argentina who reported serious prior abuse were more likely to have committed crimes against persons in comparison to women without abuse histories. Such a distinction supports the ongoing research investigating women offender profiles beyond U.S. samples.     

Mortgage fraud and organized crime in Canada: strategic intelligence brief

Natasha Tusikov, Acting Manager, National Research and Methodology Development Unit, Criminal Intelligence Service Canada - Central Bureau, Intelligence Analysis and Knowledge Development Branch, November 2007     

Criminal organizations and resilience

Criminal organizations inhabit dynamic environments where the pressures of competition and state opposition constantly challenge their existence. To survive and prosper, they must be resilient. Little has been written about the concept of resilience in the context of illicit organizations. This article explores possible sources of resilience for criminal organizations, focusing on institutionalised gangs. Drawing on ecological and organizational literature, resilience is defined as the capacity to absorb and withstand disruption and to adapt to change when necessary. For gangs and other criminal organizations, sources of resilience may include environmental factors and individual organizational features such as network characteristics. Resilience is not just a concept that enables criminologists to better understand the longevity of some criminal organizations; it also has implications for the strategic and operational aspects of policing such organizations, including intelligence gathering, the design of interventions and assessment of their potential unintended consequences.     

A comparison of the Russian and Canadian experiences with defining “organized crime”

The dangers stemming from organized crime have been widely acknowledged in the academic literature, government reports, as well as in popular discourse. This article focuses on the legislative efforts to define “organized crime” undertaken in Russia and Canada. Neither country has yet devised a satisfactory legislative definition of the varied phenomenon that is organized crime. Definitions in both jurisdictions are problematic due to their sweeping scope and insufficient delineation of a zone of risk for the accused as well as law enforcement officials. However, striking a proper balance between security concerns and human and civil rights in both countries will be problematic due to constant political pressure to “get tough on crime” as well as due to the amorphous nature of the phenomenon of organized crime.

Look who’s talking: interviewing Russian criminals

This paper reflects on the mistakes, the lessons learned and the successes of interviewing Russian entrepreneurs known to devote at least some, if not all, of their operations to illegal business.     

Results of Colombian exercise interlaboratory quality control 2012

Participation in interlaboratory quality control exercises is one of the main mechanisms currently used for quality assurance and continuous improvement of the trials. The objective of this study was to design, to manage and to evaluate the Colombian Exercise Interlaboratory Quality Control 2012 (CEIQC-2012). The CEIQC-2012 included both practical and theoretical exercises. For practical exercise three samples were provided, two from blood and one from buccal swab, all on FTA cards, participants were requested to process the samples according to the methods and the markers used routinely in their own laboratories. For theoretical section four exercises were sent, and only one was mandatory, the remain have different degrees of difficulty and were optional. In the mandatory exercise, the participants were asked to calculate the partial and total IP of 15 autosomal STRs markers of an alleged father and a son. This exercise involved 28 laboratories from 6 Latin American and Caribbean countries (Brazil, Ecuador, Peru, Panama, Dominican Republic and Colombia), all reported results for the theoretical mandatory and 27 for the practical. Fifty-four STR markers distributed in autosomal, Y and X chromosomes were under consensus. The Proficiency Test conducted through the Colombian National Reference Laboratory has become a useful tool for quality assurance of all Colombian laboratories and some of Latin America and Caribbean that perform DNA testing to establish biological relationships. This exercise is also an excellent opportunity for constant experts training in the region.     

交通事犯与不作为犯

在日本,交通事犯有狭义与广义之分。狭义的交通事犯是指以交通工具为手段或者对象的刑法上的犯罪,而广义的交通事犯则是指除了狭义的交通事犯以外,还包括要对其科处刑罚的违反交通规则等情形。本文主要以狭义的交通犯罪,即交通事犯中的不作为犯为考察对象,同时也将涉及到广义的交通犯罪,重点围绕交通事犯中的交通事故与不作为犯、轧逃与不作为犯以及违反救护义务罪与违反报告义务罪的关系等问题,并结合司法判例展开讨论。     

论刑法中的行为——从“犯罪是行为”到“犯罪有行为”

刑法中的行为应当是存在论意义上的、人的目的支配下的行为。不能用“行为”这一概念去统合犯罪的各种样态,但任何犯罪中都要有行为,从而在其逻辑之下实现从“犯罪是行为”到“犯罪有行为”的转变。行为不再是犯罪的上位概念,而成为犯罪成立所必须考虑的要素之一。     

Clans,politics and organized crime in Central Asia

This paper investigates the role of transnational organized crime in the democratisation process in the Central Asian area. It examines the inherent connections that exist between the leading tribal families, political elites and organized crime, and explores how criminal networks have proliferated in society and consequently in politics. The complete absence of a ruling élite and striking economic issues left unsolved were the legacy that Soviet rule would leave to the newly independent Central Asian Republics. After the fall of the former Soviet Union other, more profitable forms of transnational organized crime flourished. According to the official statistics of the UNODC and the American State Department, 92% of the world’s heroin is produced in Afghanistan. Of this, around 65% is smuggled into Europe and America along the Silk Road, and therefore through the five Central Asian Republics and Russia. High levels of corruption in Central Asia heavily affect political and economic life. The economies of the region have progressively become dominated by criminal activity with smuggling, trafficking and other activities linked to transnational organized crime as the major source of income. Central Asia’s strategic location makes this a global security concern.

Mafia markers: assessing organized crime and its impact upon societies

This study develops a causal model of the independent effect of organized crime, rule of law, and corruption on national wealth. To measure the level of organized crime a Composite Organized Crime Index (COCI) is constructed combining data on the perceived prevalence of organized crime, unsolved homicides, grand corruption, money-laundering and the extent of the black economy, drawing on the World Economic Forum’s annual surveys among CEOs of larger companies, the Merchant International Group’s assessments of investment risks in 150 countries, studies by the World Bank Institute, and official crime statistics. The findings of the explorative analysis show that a political strategy of tolerating activities of local criminal groups in the hope of beneficial effects on the wealth of a nation is unlikely to bring the expected results. Although some types of organized crime may bring in significant revenues, tolerating Mafia-type activities implies letting the Trojan horse of racketeering and grand corruption into the walls of government.

Smuggling wildlife in the Americas: scale,methods, and links to other organised crimes

International wildlife trafficking has garnered increased attention in recent years with a focus on the illicit trade in ivory, rhinos, and other animals from Africa and Asia. Less is known about trafficking in the Americas. By conducting a systematic review of academic literature, popular accounts, and government reports, this case study attempts to identify the scope and methods of wildlife trafficking in the Americas and its connections to organised crime. Unlike arms or drug smuggling, individual operators with minimal connections to other criminal activities dominate the trade. Most perpetrators work independently and have expertise and interests in legitimate businesses involving animal products. Methods of concealment are frequently rudimentary and little appears to be known about primary trafficking routes. Overall, wildlife smuggling in the Western Hemisphere appears to be a small-scale activity, small in its aggregate amounts, and strongly linked to legitimate businesses operating in a low risk and technologically narrow environment.     

帮会文化与有组织犯罪

帮会文化是反映帮会生存方式、活动方式、行为准则、伦理关系、帮内规矩、价值观念的文化。它与有组织犯罪有着不可分割的内在联系 ,在有组织犯罪形成发展中起着精神动力的作用。就其实质而言 ,黑社会性质犯罪组织完全是一种现代化了的帮会 ,是帮会文化哺育出来的一个毒瘤。因此 ,彻底批判帮会文化 ,肃清其流毒 ,并切实加强先进文化建设 ,是扼制有组织犯罪的根本之策