scholarly journals Confiscation and Additional Collection of Proceeds of Fraud Crime of Criminal Organization and Compensation for Victims

2015 ◽  
Vol 27 (3) ◽  
pp. 161-184
Author(s):  
홍찬기
Keyword(s):  
Criminal Organization ◽  
Additional Collection

ORGANIZAÇÃO CRIMINOSA: QUANDO O “CANTO DA SEREIA” NOS INDUZ A ACREDITAR QUE ESTAMOS SALVOSCRIMINAL ORGANIZATION: WHEN THE "SIREN SONG" LEADS US TO BELIEVE THAT WE ARE SAVED

2016 ◽  
Vol 6 (11) ◽  
Author(s):  
Carla Silene Bernardo Gomes (PUC-MG)
Keyword(s):  
Criminal Organization ◽  
De Se

Neste artigo busca-se demonstrar que a criação do crime dito organizado como tipo penal autônomo é fruto de uma repetição de ideias que levaram a crer na sua existência; quando, de fato, poderia ser compreendido pelo legislador como uma alteração na forma de se praticar delitos já previamente tipificados. Verificando que o homem ainda não foi capaz de aceitar e conviver com sua vulnerabilidade, é possível perceber que ele desloca para o sistema punitiva a função controladora de, inclusive, evitar a ocorrência do risco. De fato, ao argumento de que estar-se-á promovendo a segurança do cidadão, as ciências penais contemporâneas estão suprimindo várias garantias; e o cidadão, embalado pelo “canto da sereia” da blindagem de qualquer perigo, apoia este discurso e esta prática como legítimos.

scholarly journals El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

scholarly journals Criminal community: crimonological approach

2020 ◽  
Vol 4 (2) ◽  
pp. 109-116
Author(s):  
Margarita G. Kozlovskaya
Keyword(s):  
Criminal Group ◽  
Criminal Organization ◽  
Point Of View ◽  
Community Members ◽  
External Relations ◽  
The Hierarchical Structure ◽  
Internal Interaction ◽  
Scope Of Application ◽  
The Subject ◽  
The Moment

The subject of the research is the criminal community, its characteristics, and features within the framework of criminology. The purpose of the research is to confirm or disprove hypothesis that a criminal community as a criminological phenomenon is nor equal to a criminal organization or an organized criminal group Methodology. The author uses general theoretical methods (comparative analysis, generalization, deduction) and specific methods (formal legal interpretation of legal acts, questionnaires). The main results, scope of application. A criminal organization and a criminal community are different criminological phenomena that differ from each other in significant ways. The differences are both in the degree of criminal organization, and the complexity of the structure of internal and external interaction. From the point of view of a systematic approach, a criminal community is not only a more complex system compared to a criminal organization. It is characterized by an improved structure of internal interaction, in which the hierarchical structure is either complicated, or replaced or supplemented by a network structure. The peculiarity is to complement the system approach with a synergistic one: in the criminal community, the pooling of criminal efforts is carried out more effectively, mainly in the sphere of external relations. The criminal community is a more open system compared to the criminal organization. Certain features can be identified in the contacts of criminal community members with the external environment. The most important feature is a symbiosis of criminal and legal practices that affects the life of entire regions or relatively large masses of the population. The criminal community is a purposeful system with its own specifics. And this specificity is seen in the fact that the criminal community pursues (secretly or openly, at the moment or in the foreseeable future) the achievement of political goals, namely: the possession of power, infiltration into power, undermining power, its capture and retention. It is power, not wealth, that is the real goal of the criminal community, and not just because it is easily converted into wealth. Power is valuable in itself, because it also gives a lot of other advantages. Conclusions. A criminal community cannot be reduced to a criminal organization, much less – to an organized criminal group, and this conclusion requires to be included into legislation.

scholarly journals Organized crime and narcotics introductory clarifications

Crimen ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 235-254
Author(s):  
Đorđe Ignjatović
Keyword(s):  
Organized Crime ◽  
Criminal Activity ◽  
Criminal Organization ◽  
The Other ◽  
New Drugs ◽  
Designer Drugs ◽  
Major Influence ◽  
Drug Abusers ◽  
Club Drugs ◽  
Abused Drugs

Article is the first step in explaining complex relation between drugs and organized crime. Firstly, in order to better understand those relations, there are definitions of organized crime (type of property crime, determined by the existence of criminal organization which runs a permanent illegal business with the intention of maximizing profit, using violence to establish a monopoly over certain territory and the corruption of authority representatives) and drugs (illicit psychoactive substances - PAS - that affect addiction or changes in consumer consciousness). After that, author present their classifications and put an accent on "the new drugs" - club drugs and designer drugs. Before processing to the other considerations, he emphasize the distinctions among "drug-related crime" and "drug-addict crime" (crimes done by drugabusing offenders). Special attention is directed at the considerations of scientific research about influence of drugs on human behavior, especially on criminal conduct. It was concluded that between these phenomena there is a correlation, but not causality, which means that drug-abusing does not presume a crime. The importance of this assertion lies in the fact that media, general public, and even legislators often have completely opposite opinion on this problem. This is the reason why, on the one hand, citizens of various countries think that drugrelated crime means criminal activity, and on the other hand, political decision makers are constantly making criminal reaction too harsh not only towards wrongdoers who puts drugs into circulation ("dealing") only, but for drug-abusers, too. Unfortunately, the same thing has happened to Serbia which made criminal reaction quite severe in the area of drug-related crimes for many times in the last decade. Subjects who present considerable data about number of persons who are arrested or been serving a sentence in penitentiary institutions for drug-crimes should explain a few things. Firstly, they should account how many of them are deprived because they have been engaged in producing or selling substances that are declared narcotics. Secondly, they should clarify how many prisoners abused drugs before deprivation and how many during a sentence serving. Criminologists had an important assignment to persuade public and legislators that the most of actual beliefs about criminal reaction on drug-related crime are not based on scientific opinions. The biggest mistake is thinking that drug-abusing only leads to crime. In the environment where criminologists had major influence on the public and politicians, an apparent trend of reduction of criminal reaction or even decriminalization of some conducts in the area of drug-related crime has been noticed. They are treating narcotic addiction as medical, not criminal problem.

The Wrongfulness of Crimes of Unlawful Association

2008 ◽  
Vol 11 (4) ◽  
pp. 563-589 ◽  
Author(s):  
Manuel Cancio Meliáá
Keyword(s):  
Organized Crime ◽  
Criminal Policy ◽  
Criminal Organization ◽  
Political Organization ◽  
Collective Interest ◽  
Criminal Organizations ◽  
Actual Content ◽  
Penal Law ◽  
Penal Codes ◽  
Basic Approaches

Though always present in penal codes, offenses based on belonging to a criminal organization occupy a vanguard position in today's evolution of penal law systems: organized crime is located at one of the most prominent places in the criminal policy agenda. Nevertheless, neither criminal law theory nor the actual content of criminal provisions nor the putting of theory into practice enables an adequate restriction of the interpretation of the laws against criminal organizations. Therefore we need to investigate the wrongfulness at the base of this offense. European legal scholarship has proposed two basic approaches: to consider that this offense anticipates the possibility of punishing and prosecuting such behavior (anticipation theory) or to consider that it harms a collective interest ("public security," "public peace"). From our perspective, it is necessary to underline the collective wrongfulness embedded in a criminal organization and that, beyond the actual crimes committed, it questions the monopoly of violence exercised by the state. It represents the constitution of a violent organization that counters the basis of state political organization (arrogation of political organization). This approach opens a possibility to adequately define the offense of belonging to a criminal organization.

A Brief History of the Underworld and Organized Crime, c. 1750–1950

2016 ◽  
Author(s):  
Heather Shore
Keyword(s):  
Twentieth Century ◽  
Criminal Justice ◽  
Organized Crime ◽  
North American ◽  
Criminal Activity ◽  
Criminal Organization ◽  
Street Gangs ◽  
Modern Period ◽  
History Of

This chapter explores the evolution of concepts and definitions relating to criminal organization since 1750. Terms such as the “underworld,” “organized crime,” and “professional crime” have increasingly become part of the criminal justice lexicon in the modern period. However, while there has been a strong tradition of criminological and sociological investigation into the structures and hierarchies of syndicated crime and street gangs in the first half of the twentieth century, much of this work has been dominated and implicitly shaped by North American contexts. The hidden nature of such criminal activity means that most attention has been paid to those offenders whose recidivism and notoriety brought them into public disrepute. Thus, historians’ investigations into organized crime have been characteristically limited. This chapter provides a broader overview of the historical chronologies and geographies of the “underworld” and explores the key historical studies into the organization of crime in the modern period.

scholarly journals Generalized network dismantling

2019 ◽  
Vol 116 (14) ◽  
pp. 6554-6559 ◽  
Author(s):  
Xiao-Long Ren ◽  
Niels Gleinig ◽  
Dirk Helbing ◽  
Nino Antulov-Fantulin
Keyword(s):  
Large Scale ◽  
Vertex Cover ◽  
Criminal Organization ◽  
Fine Tuning ◽  
Laplacian Operator ◽  
Optimal Subset ◽  
Current State ◽  
Weighted Laplacian ◽  
Weighted Vertex ◽  
Large Scale Networks

Finding an optimal subset of nodes in a network that is able to efficiently disrupt the functioning of a corrupt or criminal organization or contain an epidemic or the spread of misinformation is a highly relevant problem of network science. In this paper, we address the generalized network-dismantling problem, which aims at finding a set of nodes whose removal from the network results in the fragmentation of the network into subcritical network components at minimal overall cost. Compared with previous formulations, we allow the costs of node removals to take arbitrary nonnegative real values, which may depend on topological properties such as node centrality or on nontopological features such as the price or protection level of a node. Interestingly, we show that nonunit costs imply a significantly different dismantling strategy. To solve this optimization problem, we propose a method which is based on the spectral properties of a node-weighted Laplacian operator and combine it with a fine-tuning mechanism related to the weighted vertex cover problem. The proposed method is applicable to large-scale networks with millions of nodes. It outperforms current state-of-the-art methods and opens more directions for understanding the vulnerability and robustness of complex systems.

scholarly journals Communal Responses to Structural Violence and Dispossession in Cherán, Mexico

2020 ◽  
pp. 0094582X2097500
Author(s):  
Giovanna Gasparello
Keyword(s):  
Social Inequality ◽  
Formation Process ◽  
Structural Violence ◽  
Local Population ◽  
Criminal Organization ◽  
The State ◽  
Resource Extraction ◽  
Illegal Logging ◽  
Economic Control ◽  
Drug Cartels

Mexico is currently subject to generalized violence due to conflicts between drug cartels, the state, and resource-extraction companies jostling for territorial and economic control. In 2011 and in this context, the inhabitants of the indigenous municipality of Cherán confronted the criminal organization responsible for kidnappings, extortion, and illegal logging in their communal territory. Study of this conflict and the communal responses generated in the peace process reveals that the violence was founded on social inequality and was both cause and effect of the indigenous population’s material and cultural dispossession. The peace formation process involved the valorization of a collective and territorially rooted identity, the strengthening of security and justice practices based on the authority of assemblies, and an incipient interest in the construction of economic alternatives for the local population. Actualmente, México vive una situación de violencia generalizada debido a los conflictos entre los cárteles de droga, el Estado y las empresas de extracción de recursos que luchan por el control territorial y económico. En 2011 y en este contexto, los habitantes del municipio indígena de Cherán se enfrentaron a una organización criminal responsable de secuestros, extorsiones y tala ilegal en su territorio comunal. El estudio de este conflicto y las respuestas comunitarias generadas en el proceso de paz revela que la violencia se fundó sobre la desigualdad social y fue tanto causa como efecto del despojo material y cultural de la población indígena. El proceso de paz implicó la valorización de una identidad colectiva y territorialmente arraigada, el fortalecimiento de las prácticas de seguridad y justicia basadas en la autoridad de las asambleas, y un interés incipiente en la construcción de alternativas económicas para la población local.

Sign in / Sign up

Export Citation Format

Share Document