A Convention for the Suppression of State Organized Crime

2018 ◽  
Author(s):  
Henri Decoeur
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Legal Basis ◽  
State Party ◽  
International Responsibility ◽  
Extraterritorial Jurisdiction ◽  
Domestic Law

Chapter 6 proposes the adoption and discusses the contents of a universal treaty by which states parties would undertake to criminalize state organized crime specifically, to adopt provisions in their domestic law to allow for more effective law enforcement, and to refrain from participating in or supporting organized criminal activities. The proposed treaty is designed to remedy certain of the limits of the existing law. First, it would provide an appropriate legal basis for prosecuting and punishing individuals involved in state organized crime. Secondly, it creates a broad obligation for states parties to establish both territorial and extraterritorial jurisdiction over the proposed crime, and widens the scope of the obligation aut dedere aut judicare, with a view to pressuring states parties genuinely to initiate proceedings against suspected offenders present in their territory. Thirdly, it opens the door for the international responsibility of a state party involved in organized crime.

scholarly journals Law Enforcement Response To Human Trafficking According To Law No. 21/2007: Case Study in Benjina, Aru Archipelago Regency

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Basis ◽  
Peace Officer ◽  
Comprehensive Study

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

scholarly journals Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Sekar Langit Jatu Pamungkas ◽  
Kuswardani
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Research Method ◽  
Legal Basis ◽  
Descriptive Research ◽  
Track Record ◽  
Asset Recovery ◽  
Qualitative Descriptive ◽  
The Law ◽  
Research Type

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 

The Experience of Taking Control over the Illegal Turnover of the Sturgeon Fishes, Committed by Forms of Organized Crime, Applied Abroad

2016 ◽  
Vol 6 (2) ◽  
pp. 270 ◽  
Author(s):  
Darkhan Amangeldievich AMANGELDIYEV
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Criminal Responsibility ◽  
Local Population ◽  
Legal Basis ◽  
Government Control ◽  
High Demand ◽  
Major Threat ◽  
Illegal Fishing ◽  
Sturgeon Species

The presented article takes a look at the problems of resisting the illegal turnover of the sturgeon fishes, committed by forms of organized crime. At present, when the moratorium on fishing the sturgeon species in the Caspian has been adopted, poaching continues to be the only source of the illegal turnover of the products, made from the sturgeon fishes, and at the same time, it is the major threat to the sturgeon populations, and the poaching takes organized forms. The author considers the causes and circumstances that lead to the emergence of organized forms and committing illegal fishing of the sturgeon fishes in the Ural River and the part of the Caspian that belongs to Kazakhstan, and why the illegal turnover of sturgeon flesh and roe persists. Among the main causes of the illegal turnover and poaching, the author names the unemployment problems of the local population, the high demand on the products made from the sturgeon fishes abroad, the insufficient government control over the issue. The experience of implementing some organizational and law-enforcement measures has been examined, that are applied in different states, in order to prevent the poaching violations, as regards the sturgeon fishes and the illegal turnover of the sturgeon products. As the directions of improving the legal basis, introducing harsher criminal responsibility for poaching is suggested, and a set of organizational measures for putting an end to the illegal turnover of the products from the sturgeon fishes.

OPERATIVE-SEARCH MONITORING THE INTERNET AS AN ELEMENT OF COUNTERING CRIMES OF EXTREMIST DIRECTION

2020 ◽  
pp. 235-241
Author(s):  
Aleksey V. Kutuzov
Keyword(s):  
Law Enforcement ◽  
Relevant Information ◽  
Theoretical Development ◽  
The Internet ◽  
Legal Basis ◽  
Main Attention ◽  
Legal Norms ◽  
A Priority ◽  
Use Of Internet ◽  
Source Of Information

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.

Dual Nationality and International Criminal Court Jurisdiction

2020 ◽  
Author(s):  
Andrew Wolman
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Functional Approach ◽  
Criminal Court ◽  
State Party ◽  
South Korean ◽  
Dual Nationality ◽  
Municipal Law ◽  
Domestic Law

Abstract The International Criminal Court (ICC) can exercise jurisdiction over nationals of states parties. However, it has never been clear whether the Court will automatically recognize a nationality that has been conferred by a state party under its domestic law, nor what criteria it would use to evaluate that nationality should it not be automatically accepted. In December 2019, the Office of the Prosecutor made its first formal pronouncement on the question, finding that the ICC does not have jurisdiction over North Koreans, despite their being South Korean nationals under South Korean law, because North Koreans are not able to exercise their rights as South Koreans until accepted as such by application, and on occasion their applications might be refused. In this article, I reject the Prosecutor’s analysis as misguided. I also reject the other main approaches to nationality recognition suggested by scholars, namely a ‘genuine link’ requirement, a deferral to municipal law, and a deferral to municipal law except where a conferral of nationality violates international law. Instead, I propose a functional approach that would respect municipal conferral of nationality unless that conferral unreasonably interferes with the sovereign interests of a non-state party.

Organized crime in Brazil

2015 ◽  
Vol 18 (2) ◽  
pp. 234-247 ◽  
Author(s):  
George Henry Millard ◽  
Tim Hundleby
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Design Methodology ◽  
Research Needs ◽  
Content Type ◽  
Developmental Context

Purpose – The purpose of this paper is to look at the origins and development of organized crime in Brazil. Design/methodology/approach – The authors draw on their experience working in law enforcement for many years in Brazil. Findings – The paper outlines the major crimes committed by organized crime in Brazil and the structure of the main organization carrying them out. Research limitations/implications – The research concentrates on São Paolo and further research needs to be done. Originality/value – This is the first attempt to put the development of organized crime in Brazil into a historical and developmental context.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

scholarly journals The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors

2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Judicial Power ◽  
District Court ◽  
Legal Basis ◽  
Police Intervention ◽  
The Public ◽  
Positive Law ◽  
The North ◽  
Criminal Charge

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

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