scholarly journals Features of planning of the investigation of crimes committed by organized criminal groups

2021 ◽  
Vol 1 (93) ◽  
pp. 297-305
Author(s):  
Д.I. Оставчук ◽  
K.П. Русняк
Keyword(s):  
Social Development ◽  
Rule Of Law ◽  
Organized Crime ◽  
Criminal Investigation ◽  
Critical Examination ◽  
Crucial Issue ◽  
The Rule Of Law ◽  
Major Threat ◽  
Criminal Groups

Organized crime is a crucial issue because it poses a major threat to the rule of law and has very serious consequences for victims, the economy and social development. In this study, the author, based on a critical examination of the literature, outlines the criteria that would underlie a good planning criminal investigation in case of crimes committed by organized criminal groups.  

scholarly journals THE „HAWALA SYSTEM“ - BETWEEN CUSTOMARY LAW AND ORGANIZED CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Ivan Geshev ◽  
Nikolay Marin
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Information Technologies ◽  
The Other ◽  
Customary Law ◽  
The Rule Of Law ◽  
Criminal Groups ◽  
The One ◽  
Conventional Type

The article aims to reveal the nature and specifics of the alternative method of modern banking ‘Hawala’, which makes it on the one hand, extremely convenient for use by organized criminal groups, and on the other, difficult to be investigated and proven. The authors trace Hawala’s historical roots, referring to the ancient customary law, and point out the strict rules on which it operates. It highlights that, with the development of information technologies, the Hawala systems’ principles have found a new application, from which organized criminal groups benefit. The article clarifies how the Bulgarian legislation incriminates money laundering and the possible use of the ‘Hawala’ system for this and other criminal activities. Attention is paid to the Bulgarian experience in the investigation of a network of persons involved in the use of the Hawala method for concealing, particularly serious crimes. The conclusion is made that the Hawala phenomenon poses a serious threat to the rule of law in any country, and the Bulgarian legislation needs to be adapted in order to provide effective mechanisms to counter such non-conventional type of crime.

El delito de lavado de dinero

2021 ◽  
pp. 54-66
Author(s):  
Argus Ariel Gómez Mendiola
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Global Perspective ◽  
Financial Systems ◽  
The Rule Of Law ◽  
The Real

The aim of this essay is to present a brief introduction to the crime of money laundering, starting from its conceptualization as well as the purpose sought by the mechanisms that are implemented to operate the resources of illicit origin. A mention is made of the origin of the term ""money laundering"" and why the term money is used specifically. Organized crime mainly integrates the great fluxes of illicit capital it generates into the financial systems of various countries, with the aim of laundering money in its different stages. This, however, impacts different activities of countries and societies in general. The phenomenon of money laundering must be focused from a wide and global perspective to appreciate the real magnitude of the problem, since it undermines the rule of law, therefore have been detected some activities that are particularly vulnerable to being carried out to money laundering, which are being controlled more severely to stop the flux of this type of capital.

The Dissolution of Municipal Councils due to Organized Crime Infiltration

2019 ◽  
Vol 5 (2) ◽  
pp. 45
Author(s):  
Filomena Occhiuzzi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Central Government ◽  
Administrative Law ◽  
Public Officials ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
Fundamental Values

: The paper proposal is focused on the evolution of a specific legal instrument, which consists of the Central government’s power to “dissolve” municipal councils in the case of infiltrations by organized crime. In Italian administrative legislation, local councils may be dissolved for several reasons such as the ongoing violation of the law and the neglect of duty, but one of the most debated causes is the interference and the pressure that organized crime may exercise on the members of municipal councils. This specific administrative law instrument is defined in art. 143 T.U.E.L. and is part of a series of public anti-mafia policies. It was introduced in 1991 as an emergency law to cope with the risk of maladministration due to local authorities’ subjugation to criminal power (Mete, 2009). The aim of the dissolution of local councils is to preserve constitutional and fundamental values such as democracy and the rule of law, but it is a very severe legal tool as it affects a democratically elected community. This instrument is also closely related to the prevention of corruption in the public sector, as often the infiltrations by organized crime in municipalities are due to the corruption of public officials. The institution in charge of applying this legal tool is the Prefect, which has the power to enforce the orders of the central government and oversees local authorities. The procedure for the adoption of this instrument involves the major constitutional bodies such as the Parliament, the Ministry of Interior and the President of the Republic.

Thesis and antithesis: To check or not to check the Judiciary

2018 ◽  
pp. 157-198
Author(s):  
Cristina E. Parau
Keyword(s):  
Rule Of Law ◽  
Institutional Design ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Theory And Practice ◽  
Critical Examination ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Network Community ◽  
Constitutional Meaning

This chapter analyses Network Community discourses in order to better expose the causal role of its hegemonic norms. Key assumptions held by the Community about the qualities of their agenda are brought to light. Classical Anglo-Saxon conceptions of the separation of powers, checks and balances, judicial independence, and the rule of law, the utility of which has stood the test of time, are compared to the theory and practice of the Network Community’s Judiciary institutional design Template. The Network conceives of the separation of powers, checks and balances, judicial independence, and the rule of law as emanating from the autonomy and supremacy of a Judiciary so empowered as invariably to subordinate all other contestants in case of conflict with itself over constitutional meaning. The chapter ends with a systematic catalogue and critical examination of those few acts of state which the Network Community conceive as legitimate checks and balances on their Judiciary design.

L'agricoltura legale: i terreni agricoli confiscati alla criminalitŕ organizzata

2009 ◽  
pp. 153-173
Author(s):  
Elisa Ascione ◽  
Manuela Scornaienghi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Negative Effects ◽  
Positive Role ◽  
The Rule Of Law ◽  
Criminal Organizations ◽  
The Social ◽  
Social Use ◽  
Agricultural Areas

- This paper examines the role of social agriculture in disseminating the culture of legality in agricultural areas fallen prey to organized crime. It also investigates the relations between corruption and crime, underlining their negative effects on the economic growth of areas, as well as their social implications, highlighting the positive role of the social farm. In this respect the confiscation of land belonging to criminal organizations and its social use is of key importance for the institutions in asserting the rule of law. Furthermore, the article analyzes the assignment and geographic range of lands, pointing out institutional problems and the role of local administrations.EconLit Classification: Q100, Q130, Q150, K400Keywords: Social Agriculture, Legality, Social FarmsParole chiave: Agricoltura sociale, Legalitŕ, Cooperative sociali

Peacekeeping and the Sexual Exploitation of Women and Girls in Post-Conflict Societies: A Serious Enigma to Establishing the Rule of Law

2010 ◽  
Vol 14 (1-2) ◽  
pp. 184-212 ◽  
Author(s):  
Claire Morris
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Sexual Exploitation ◽  
Peace Building ◽  
Situational Analysis ◽  
Gender Based Violence ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Women And Girls ◽  
Gender Based

The article discusses the exploitation of women and girls by peacekeepers and its effect on efforts to establish the rule of law in a post-conflict situation. It provides a situational analysis of the problem, examining the issue from rights-based, stabilization, and organized crime perspectives. It considers the rule of law mandate of modern peace-building operations, including the ability of peacekeepers to help combat trafficking and the sexual exploitation of women and girls. It proposes a solution to tackling gender-based violence, trafficking and exploitation in the establishment of the rule of law through accountability and domestic capacity-building. The work of committed peace-builders is critical to achieving this goal.

scholarly journals The difficulties of determining the notion of organized crime

Temida ◽  
2004 ◽  
Vol 7 (1) ◽  
pp. 3-9
Author(s):  
Natasa Mrvic-Petrovic
Keyword(s):  
20Th Century ◽  
Rule Of Law ◽  
Organized Crime ◽  
State Power ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
And Control

The author emphasizes the most significant difficulties and disagreements in determining the notion of organized crime, which, on one hand, come as a result of a complexity and dynamism of a contemporary organized crime, and on the other hand, may lead to passing the inadequate legislation and/or the failure of actions against the organized crime. Pointing out to the differences between contemporary organized crime and theoretical definitions of it from the first decades of the 20th century, the author concludes that the answer to the organized crime should be systematic, and need to include the rule of law and the principles of division and control of state power. The author suggests that the changes are necessary within the present criminal legislature of Serbia. In these changes the emphasis need to be on the protection of victims rather than on special legal solutions and special court, prosecution and police units for suppression of organized crime.

scholarly journals Thomas Jefferson, I dilemmi della democrazia americana, translated and edited by Alberto Giordano, with a preface by Dino Cofrancesco (Novi Ligure: Città del Silenzio, 2007)

2010 ◽  
Vol 5 (1) ◽  
Author(s):  
Pierluigi Chiassoni
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Organized Crime ◽  
Coming Out ◽  
Common Good ◽  
Social Economic ◽  
Major Drawback ◽  
The Rule Of Law ◽  
History Of ◽  
The Common

The history of the Italian Republic has been a history of a remarkable cultural, social, economic, and legal progress for almost thirty years. Of course, many serious issues were left unattended (organized crime and the limits of political immorality rate among the foremost); but, on the whole, the balance was not so bad (our Constitution and our laws concerning judicature, divorce, abortion, and the national health service, for instance, were taken as examples by other European countries coming out from dictatorships and cultural depression). Terrorism, in the 1970s-1980s, was (taken as) a major drawback; in any case, terrorists on both extremes were finally, and utterly, defeated with the sole arms of the rule of law (no “special renditions”, no torture, no special military tribunals were resorted to as “necessary evils”, like in the dark global times following September 11), supported by a conscious and responsible civil society. The political establishment, however, did not grow up in morality, responsibility, and sense for the common good at the same pace of the most advanced sectors of civil society.

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