犯罪网络分析:社会网络分析在有组织犯罪研究中的应用

在刑事司法领域所使用的"网络"(networks)一词通常是指犯罪组织。一个犯罪网络首先也是一个社会网络,社会网络分析是对社会关系结构及其属性加以分析的一套规范和方法。它主要分析的是不同社会单位(个体、群体或社会)所构成的关系的结构及其属性。自美国"9.11事件"以来,世界各国政府、学者、媒体逐渐认识到社会网络分析在有组织犯罪防控研究中的重要作用,纷纷使用社会网络分析方法对恐怖主义犯罪等有组织犯罪进行犯罪网络分析、研究,通过解构犯罪组织,发现犯罪成员体系、结构特征与行动目标,从而对有组织犯罪进行有效预防和打击。我国应充分认识社会网络分析在现代有组织犯罪防控研究中的重要价值,全面了解国外有关理论与应用发展,积极采取政府资助项目研发与直接设立研究机构等多种手段,促进犯罪网络分析理论与方法在我国的迅速发展。     

试论有组织犯罪特别程序

有组织犯罪已经成为危害我国社会治安的日趋严重的问题,现行的刑事诉讼程序也面临着有组织犯罪的严峻挑战.基于有组织犯罪之特殊性,有必要以我国政府已经签署的《联合国打击跨国有组织犯罪公约》为准绳,建立我国有组织犯罪特别程序.     

有组织犯罪的刑事责任与刑罚问题研究

有组织犯罪已成为各国各地区立法、司法部门以及刑法理论界普遍关注的问题。本文主要就有组织犯罪的刑事责任 ,包括犯罪组织内部个人刑事责任的承担及犯罪组织的刑事责任问题进行了讨论 ,并对我国刑法关于有组织犯罪刑罚的规定提出了一些修改完善的建议。     

Making the second step before the first: Assessing organized crime

The debate on organized crime has shifted from the question of “myth or reality?” to efforts to come to an assessment of the nature and extent of organized crime. This paper discusses the possibilities and limits of such an endeavor in the case of Germany. A meaningful assessment requires linking the concept of organized crime to clearly defined empirical referents, having a thorough understanding of their dynamics and interrelations, and obtaining valid and reliable data. It is argued that these requirements cannot be met given the present paucity in theory and data. From the available aggregate data contained in the official crime statistics and annual situation reports on organized crime drawn up by the federal police agency BKA no overall trends are discernible. Where trends are identifiable, they mostly pertain not to patterns of criminal cooperation but to contextual factors. In contrast, the analysis of individual cases may serve to shed some light on the situation of organized crime, provided they are put in perspective with a differentiated conceptualization. A four-fold typology of criminal networks based on differences in the social embeddedness of criminal actors suggests that the seriousness of the problem may depend on the likelihood of the manipulation of relevant decision-making processes. Germany is not characterized by alliances between underworld and upperworld, but the existence of criminal networks within the upperworld gives grounds for concern.     

A behavioral model for Ukrainian organized crime groups

Ukrainian organized crime operates like any social group existing in relation to other institutions in society. The specifics of criminal group behavior in Ukraine are governed by strict norms and standards which have developed over many decades. The 'thieves idea,' promoting brotherhood and superiority among members of criminal groups, was cultivated by convicts and peasants as far back as pre-Soviet Ukraine. The infrastructure of these groups, their organization and leadership, and methods for criminal activities are all determined by customs and rules unique to Ukraine. Using statistical analysis, a case study of one organized criminal group, and collective interviews with various law enforcement officials, this study attempts to determine the prevalence of traditions and the nature of group dynamics in organized crime.     

Perception vs. Reality: The Relationship Between Organized Crime and Human Trafficking in Metropolitan Atlanta

Since the enactment of the Trafficking Victims Protection Act of 2000, there has been an increase in both media and scholarly discussions of human trafficking. Although most of these discussions have framed human trafficking as a crime committed primarily by organized crime groups, there has been very little empirical research examining the link between human trafficking and organized crime. In an effort to start to address this gap in the research, we conduct an exploratory study to determine if there is a link between human trafficking and organized crime in one of the Southeast’s human trafficking hubs – Atlanta, Georgia. We collected data on 24 federal human trafficking cases that were indicted in metropolitan Atlanta between 2000 and 2013. Then, we conducted a content analysis of the court documents for each federal human trafficking case and classified the relationship between organized crime and human trafficking using one of three categories: nonexistent, organized criminal network, organized criminal syndicate. For the majority of the human trafficking cases (n = 16), we found that there was no relationship between organized crime and human trafficking. For the cases that did show a relationship between organized crime and human trafficking, we found evidence of organized criminal networks in eight of the cases and evidence of an organized criminal syndicate in only one case.     

Differential Social Support,Differential Coercion,and Organized Criminal Activities

Utilizing differential social support and coercion theory, the study examines how levels of social support and coercion lead to involvement in organized criminal activities through the development of anger, low self-control, low social control, and access to illegitimate social support. The findings show that the association between social support and organized criminal activities is mediated through anger, self-control, social control, and access to illegitimate social support. Similarly, the relationship between coercion and organized criminal activities is mediated through anger, self-control, and illegitimate social support. The results also reveal that coercion has a direct effect on crime. The study offers preliminary theoretical support but more theoretical and empirical work is required to clarify the causal continuum of erraticness and consistency of central variables.     

Organized economic crime and corruption in Urkraine: The problem of countermeasures

The collapse of communism in Ukraine created opportunities for organized criminal groups to expand their economic criminal activities in the “shadow economy” by penetrating all levels of public and economic administration. Ukrainian law enforcement agencies are poorly equipped to handle this increase in criminal activity, especially with respect to uncooperative foreign and domestic economic institutions. State machinery for regulation and control of industry and commerce was easily accessible to organized crime through bribing of state officials, who received no supervision during economic restructuring. Notwithstanding the active assistance of corrupt government officials, organized economic crime has benefited from chaos and lost government control as the result of recent economic reforms in Ukraine. Researchers in this study hypothesize that the social and economic disorder, as well as a common and justified mistrust of state officials, fosters a pessimism and erodes moral standards, which in turn fosters criminal activity. Of late, judicial sentencing for those convicted of economic crimes has become lighter while many economic criminal cases are never investigated or prosecuted in the first place. In order to combat large-scale corruption, there must be better supervision of government officials and better monitoring of foreign economic transactions. One of the most disastrous consequences of the collapse of the Ukrainian communist system has been the widespread increase of economic crime. This phenomenon is self-sustaining, penetrating all levels of Ukraine's economy and administrative sectors. Criminal activity helps to sustain the shadow economy in Ukraine, which has been estimated by various sources to constitute 50 to 60 percent of the economy. Law enforcement and administrative efforts have been largely futile in curbing this corruption. Nevertheless, it is possible to overcome the criminal social and economic order that has become ingrained in this “shadow economy.” This paper seeks to propose policy solutions for Ukrainian economic crime and corruption that could be implemented at the national level.     

Cybercrime and social ties

This paper presents a case study of phishing in Amsterdam, demonstrating that the current literature on criminal phishing networks provides an incomplete picture of this form of organized crime. The paper adds to the current literature by describing an organized group of phishers whose relationships are based on real-world social networks rather than internet forums, and who mainly use social engineering rather than malware as a tool to acquire information from their victims. Because the origin and growth of the Amsterdam network differ from those of groups previously described, other possibilities for situational crime prevention arise. In addition to technological measures, for example those aimed at forums, this article focuses on measures that target the social ties on which the networks are based.     

有组织犯罪的几个理论问题

有组织犯罪的研究是当今学界的热门话题。探讨有组织犯罪的概念和特征十分重要。目前我国有组织犯罪的立法尚需完善 ,刑法总则应当明确规定有组织犯罪的总体概念、外延及其类型 ,增设黑社会组织犯罪的法条 ,行刑制度中应增设对有组织犯罪首要分子判处1 0年有期徒刑以上的 ,不得适用假释的规定 ,刑法分则应提高有组织犯罪的法定刑 ,增设对有组织犯罪财产刑的适用并加大财产刑的处罚力度 ,增加对参加有组织犯罪的国家机关工作人员从重处罚的规定。     

The Internet, Technology, and Organized Crime

Digital technology has transformed organizational life. Developments in communications, and in information storage and retrieval, to name just two areas, have greatly enhanced the efficiency with which legitimate organizations operate. Unfortunately, the benefits of digital technology are not lost on criminal organizations, which exploit digital technology to enhance the efficiency and effectiveness of their own operations. This paper will discuss the organized criminal exploitation of digital technology, by looking at a number of illustrative cases from Asia and around the world. It will discuss the various types of “conventional” organized crime that can be facilitated by digital technology, as well as terrorism, which itself can be regarded as a special kind of organized criminal activity. One fundamental question that the paper will seek to address is whether the activities of Asian organized crime have become substantively different as a result of technology, or whether traditional organized criminal activities in Asia are merely being conducted on a more efficient and effective basis. The paper will note the transnational nature of much organized criminal activity, and will discuss mechanisms for the control of organized crime in the digital age.     

The prediction and control of organized crime: A risk assessment instrument for targeting law enforcement efforts

Linking isolated instances of organized crime in a systematic way can inform law enforcement in identifying high-risk activities and markets and prioritizing them according to objective factors known to be associated with organized crime. There are five ways in which risk assessment organized crime can be achieved. Improvements to data collection, utilizing a team approach to gather information, identifying common elements in organized crime incidents, understanding the parameters of a risk assessment instrument, and connecting organized crime risk assessment to the implementation of law and policy are practical ways in which organized crime activity can be better anticipated, investigated, and prevented. Connecting isolated incidents to organized crime through better information from offenders, victims, and police is possible with teams of investigators, researchers, and analysts. An organized crime risk assessment tool is presented that offers systematic analysis of opportunity factors, the criminal environment, and harm potential among the seventeen risk factors identified. Risk assessment can be used to evaluate the influence of organized crime in local jurisdictions, and the impact of new laws and policies that affect commerce and criminal opportunities.     

垄断黑金与暴力魅影——王兴强黑社会性质组织犯罪评析

公安部挂牌督办的王兴强黑社会性质组织为追逐非法利润,以合法企业为外衣,暴力垄断市场;该黑社会性质组织结构严密,并拉拢国家工作人员包庇、纵容犯罪行为。在司法实践中,应加强市场监管,严厉整治社会秩序;制定专门法规,准确认定黑社会性质组织犯罪：强化司法部门的特殊打击能力,有力打击黑社会性质组织犯罪;严厉打击国家工作人员涉黑职务犯罪,彻底消除“保护伞”的庇护;加大对洗钱行为的预防、监控和打击力度。     

Women in transnational organized crime

The last two decades have seen a number of publications showing that women play an important role in transnational organized crime. The recent focus on this subject has revealed a growing body of evidence to suggest that women have been active as members and leaders of criminal organizations around the world in various periods of history. This evidence has cast doubt on the prevailing idea of a ‘sudden rise’ of female power and could provide us with new explanations for the rise of women to the top of the criminal world. This article shows that the transnational and fluid opportunities and the attractive image of crime (associated with wealth, power and freedom) seduce women into entering the criminal world. The changing character of organized crime provides women with new criminal markets and clients.     

“重重”：世界范围内教育刑主义的反动

面对严重危及社会生存与发展、民众安宁与秩序的一些严重犯罪,"重重"是世界范围内的一种刑事政策选择现实与趋势."重重"绝非一种重刑主义政策,其核心含义与要求是严密法网并严格责任.其基本的理论假定是:既然刑罚的矫治罪犯、回归犯罪人并预防犯罪的目的对有些犯罪与犯罪人难以达到,那么起码有一点能够做到,那就是,让刑罚发挥其能够起到的惩罚犯罪的作用,从而更好地保护社会.     

Involvement mechanisms for organized crime

This study aims to illuminate the processes that make individuals engage in organized crime activities. Within the diversity of individual involvement processes, several distinctive mechanisms are discussed. Theoretical ideas are illustrated by empirical data on 15 crime groups, including over 300 offenders. The crime groups differ in size, composition, and the nature of criminal activities. Social capital theory is used to understand the dynamical process of becoming involved in organized crime; on the one hand an individual contributes to a crime group, on the other hand the crime group helps an individual reach certain goals. Case studies reveal several resources, such as knowledge, skills, and equipment, that make offenders suit and contribute to a particular organized crime group. Criminal and conventional histories of organized crime offenders turn out to be diverse. Several joint characteristics that opened doors to organized crime opportunities, like running one’s own business, are discussed. It is confirmed that involvement through family and long-time friends is common; most criminal groups contain at least one or two relatives.     

Emerging Organized Crime in Chicago

Organized crime is now international in scope and unrestricted by geographical borders. Better organized, more sophisticated, and using high-tech equipment the criminals have developed connections with so-called 'traditional organized crime'. This paper examines in detail the wave of organized criminal activity which has developed in Chicago and has now become entrenched through alliances with existing criminal groups.     

The “G-local” Dimension of Albanian Organized Crime: Mafias,Strategic Migration and State Repression

This paper elaborates on the relation between globalization, migration, and transnational organized crime. The case selected is on ethnic Albanian organized crime and its migration to Western Europe and the United States. There are a few perspectives on the ability of organized crime to take advantage of globalization in an effort to expand their criminal markets. One view is that criminal groups, similarly to multinational corporations, are taking advantage of globalization and are opening outposts in Western cities. The opposing view is that organized crime groups are highly localized and territorial. This paper tries to answer the following questions: Are Albanian groups operating in the USA and Europe part of the same species originating from Albania and Kosovo? Are these groups coordinated by a central organization in the country of origin that sought opportunity to exploit the process of international integration? The paper concludes that the migration of Albanian organized crime may not be a strategic business choice. Therefore, rather than fitting the stereotype of hypersophisticated international organized crime bureaucracies found in news reports, this study suggests that many Albanian organized crime groups are localized and spontaneously formed. What might appear to be the product of globalizations is, in fact, the consequence of state repression or wars between rival criminal groups. The conclusions are based on a mixed-methods approach, including interviews with experts, Albanian migrants and offenders, and in-depth analysis of court cases.     

论被告人的处遇

刑事审判的运行蕴含着一个"悖论",在强调不应将被告人当作审判对象的同时又不得不针对被告人进行评价,被告人徘徊于主体与客体之间的尴尬境地。刑事审判这个场域中交融着实体和程序两种因素,显示了实体法与程序法发生着一种微妙的相互控制,并彰显了刑事程序的内在魅力。刑事司法运作的逻辑是"审判"先于"犯罪"先于"刑罚"而发生,要实现由"被告人"到"犯罪者"或者"无辜者"的角色定位,这是一项理性的事业,在这个空间里面,程序是第一性的,实体是第二性的。因而,永远不要把被告人当作审判对象,实质是一种程序理想,更是应有的理论立场。     

On ‘Organized Crime’ in the illicit antiquities trade: moving beyond the definitional debate

The extent to which ‘organized crime’ is involved in illicit antiquities trafficking is unknown and frequently debated. This paper explores the significance and scale of the illicit antiquities trade as a unique transnational criminal phenomenon that is often said to be perpetrated by and exhibit traits of so-called ‘organized crime.’ The definitional debate behind the term ‘organized crime’ is considered as a potential problem impeding our understanding of its existence or extent in illicit antiquities trafficking, and a basic progression-based model is then suggested as a new tool to move beyond the definitional debate for future research that may help to elucidate the actors, processes and criminal dynamics taking place within the illicit antiquities trade from source to market. The paper concludes that researchers should focus not on the question of whether organized criminals- particularly in a traditionally conceived, mafia-type stereotypical sense- are involved in the illicit antiquities trade, but instead on the structure and progression of antiquities trafficking itself that embody both organized and criminal dynamics.