scholarly journals Przerzut migrantów przez polską wschodnią granicę – studium przypadku

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 57-85
Author(s):  
Magdalena Perkowska
Keyword(s):  
Justice System ◽  
Criminal Group ◽  
Criminal Policy ◽  
Criminal Code ◽  
Organised Crime ◽  
European Union Law ◽  
Eastern Border ◽  
Organised Crime Groups ◽  
Criminal Groups

Celem artykułu jest przedstawienie mechanizmu działania zorganizowanych grup przestępczych, które podejmują się ułatwiania przekraczania granicy państwa wbrew przepisom. Rozważania oparto o analizę dokonaną na podstawie studium przypadku sprawy karnej, w której sprawcy zostali skazani za organizowanie innym osobom przekraczania wschodniej granicy Polski wbrew przepisom, podjęte w ramach zorganizowanej grupy przestępczej. Zweryfikowano, czy zgodnie z doniesieniami Straży Granicznej oraz Komisji Europejskiej w analizowanym przypadku mamy do czynienia z działaniem międzynarodowej transgranicznej grupy przestępczej, czy jedynie siatki lokalnych grup przestępczych funkcjonujących na obszarze poszczególnych państw i współpracujących ze sobą. Na podstawie przyjętej metody badawczej ukazano strukturę oraz sposób działania grupy. Część rozważań poświęcono reakcji prawnokarnej na zjawisko głównie w oparciu o wysokość orzeczonych kar przez wymiar sprawiedliwości. Dokonano analizy orzeczonych kar w przedmiotowej sprawie i porównano je z polityką karną polskiego wymiaru sprawiedliwości w zakresie art. 264 § 32 i 2583 kk. Wysokość orzeczonych kar zestawiono z postulatami wynikającymi z implementacji prawa Unii Europejskiej. Migrant Smuggling Through Poland’s Eastern Border – the Case Study The aim of the article is to present a mechanism for the operation of organised crime groups which undertake to facilitate the crossing of a state border against the rules. The deliberations were based on an analysis made on the basis of a case study of a criminal case in which the perpetrators were convicted of organising the crossing of Poland’s eastern border by other people in contravention of regulations, undertaken as part of an organised criminal group. It was verified whether, according to reports from the Border Guard and the European Commission, we are dealing with the activity of international cross-border criminal group or only with network of local criminal groups operating on the territory of individual countries and cooperating with each other. On the basis of the research method adopted, the structure of the group, its mode of operation and the characteristics of foreigners were shown. Part of the deliberations was devoted to the criminal law reaction to the phenomenon mainly based on the level of penalties imposed by the justice system. The penalties imposed in the case in question were analysed and compared with the criminal policy of the Polish justice system within the scope of Article 264 § 3 and 258 of the Criminal Code. This was juxtaposed with the postulates resulting from the implementation of European Union law.

scholarly journals More Amazon than Mafia: analysing a DDoS stresser service as organised cybercrime

2020 ◽  
Author(s):  
Roberto Musotto ◽  
David S. Wall
Keyword(s):  
Current Knowledge ◽  
Criminal Group ◽  
Denial Of Service ◽  
Service Operations ◽  
Organised Crime ◽  
Payment Systems ◽  
Product Price ◽  
Organised Crime Groups ◽  
Different Levels

Abstract The internet mafia trope has shaped our knowledge about organised crime groups online, yet the evidence is largely speculative and the logic often flawed. This paper adds to current knowledge by exploring the development, operation and demise of an online criminal group as a case study. In this article we analyse a DDoS (Distributed Denial of Service) stresser (also known as booter) which sells its services online to enable offenders to launch attacks. Using Social Network Analysis to explore the service operations and payment systems, our findings show a central business model that is similar to legitimate e-commerce websites in the way product, price and costumers are differentiated. It also illustrates that its organisation is distributed and not hierarchical and the overall income yield is comparatively low, requiring further organisational activity to make it pay. Finally, we show that the users of the service (mainly offenders) are not only a mixed group of actors, but that it is also possible to discriminate between different levels of seriousness of offending according to the particular service they purchased.

Part I General Questions, 4 The EU and the Fight against Organised Crime

2016 ◽  
Author(s):  
Hecker Bernd
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Justice System ◽  
Criminal Policy ◽  
Organised Crime ◽  
Acquis Communautaire ◽  
Effective Prevention ◽  
The Rule Of Law ◽  
European Criminal Law ◽  
The Eu

The effective prevention of and the fight against all types of transnational organised crime (TOC) has been one of the biggest challenges to the criminal policy of the EU for decades. In this connection, the EU and its member states are facing the task of striking an equitable balance between the interest in ensuring an effective criminal justice system on one hand, and the protection of civil rights that the rule of law offers on the other. On the basis of the EU strategies and programmes to create an area of freedom, security, and justice, this chapter retraces the development of European criminal law in relation to TOC. It shows that the acquis communautaire now attained comprises a multiplicity of legal instruments aiming at the protection of European society and its economies from organised crime.

ORGANISED CRIME AND PROSTITUTION: ‘DUBAI-ING’ AS A NEW CONCEPT OF HUNGARIAN PROSTITUTION

2020 ◽  
Vol 136 (4) ◽  
pp. 94-108
Author(s):  
ISTVÁN KOVÁCS
Keyword(s):  
Organised Crime ◽  
Source Analysis ◽  
The Past ◽  
Strategic Approach ◽  
Rich People ◽  
History Of ◽  
Criminal Groups ◽  
Rich Countries ◽  
Work Done

The study deals with a brief history of organised crime in Hungary in the past and today. One of the biggest sources of revenue for organised crime is prostitution. Hundreds of victims are reported daily. In addition to this, a new strategic approach has emerged, linked to the upward management of organised crime. Prostitutes volunteer for work, the organised groups do not use violence, and illicit earnings are distributed among themselves on the basis of work done. The girls are transferred to rich countries where rich people can enjoy their services through a built-in agency system. Many girls are referred to Dubai, where the new form of Hungarian prostitution is thriving: the ‘dubai-ing’ phenomenon. The study presents, through a case study, the phenomenon of ‘dubai-ing’, and the activities of organised criminal groups. The method used is critical source analysis, basic historical research, as well as case and judgement/verdict analysis. This is not a classic analysis, but a criminal analysis of specifi c cases. The strategic aim is to collect data which can show the new profi le of organised crime in the 21st century.

scholarly journals Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Nur Dwi Edie W ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Field Observation ◽  
Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Observation Methods ◽  
Case Number

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.

scholarly journals Criminal Liability for Organization of Illegal Migration

2021 ◽  
Vol 39 (68) ◽  
pp. 581-595
Author(s):  
Mariya Vyacheslavovna Talan ◽  
Ildar Rustamovich Begishev ◽  
Tatyana Gennadievna Zhukova ◽  
Diana Davlenovna Bersei ◽  
Regina Rustеmovna Musina ◽  
...  
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Group ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Unified Approach ◽  
Illegal Migration ◽  
Criminal Groups ◽  
Group Association

The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

scholarly journals Stosowanie tymczasowego aresztowania względem członka zorganizowanej grupy przestępczej w kontekście prawa jednostki do wolności

2020 ◽  
Vol 30 (4) ◽  
pp. 181-196 ◽  
Author(s):  
Katarzyna Skoczylas-Wardzyńska
Keyword(s):  
Law Enforcement ◽  
Criminal Group ◽  
Civil Liberties ◽  
Criminal Policy ◽  
Organised Crime ◽  
Criminal Offence ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Pretrial Detention ◽  
Group 2

The article analyses grounds for application of pretrial detention in respect of individuals who have been charged with the criminal offence of participation in an organised criminal group or with participation in an organised criminal association aiming at committing a criminal offence. The paper addresses two presumptions: 1) the presumption of fear that a suspect or the accused shall obstruct criminal proceedings because of their participation in an organised criminal group; 2) the presumption that the suspect or accused shall attempt to obstruct the proper conduct of the proceedings because of the threat that they will be severely punished. The author tries to answer the question whether the presumptions underlying application of pretrial detention at the early stages of criminal proceedings are sufficient for extension of pretrial detention. This is particularly important given the fact that these presumptions operate in schemes which might raise fears that orders of pretrial detention are used as an element of criminal policy against criminal groups. It must be noted that application of pretrial detention enters the sensitive realm of human rights and civil liberties. On the other hand, a failure to apply pretrial detention makes it difficult or even impossible for law enforcement authorities to effectively break up criminal networks and prevent them resurfacing. The fight of law enforcement authorities against organised crime requires application of adequate custodial and non-custodial measures by criminal justice system but is connected with a need to respect personal freedom guaranteed by the Polish Constitution and international treaties.

scholarly journals Drug crime transformation under the effect of online platforms

2021 ◽  
Vol 69 (6. ksz.) ◽  
pp. 107-123
Author(s):  
Ivett Nagy
Keyword(s):  
European Union ◽  
Organised Crime ◽  
Drug Crime ◽  
Online Platforms ◽  
Asset Recovery ◽  
The Face ◽  
Organised Crime Groups ◽  
Criminal Groups ◽  
European Union Member States ◽  
Delivery Models

Many types of drug crimes are already known, but it is common to offender groups to implement them in an organised, coordinated, multi-level framework. Affected by online platforms, drug crimes are undergoing a transformation that presents new challenges for the authorities. Criminal groups also like to (re)take the opportunities offered by the Internet. Platforms that connect to the Dark Web, the Dark Internet (secret network form), have become increasingly popular over the past few years, thanks to the fact that there are also services available which are not available by traditional browsers. Coordinated cooperation between several countries, over several years, is needed to ensure successful detection in cyberspace. This is illustrated by a current EUROPOL report, published on 12 January 2021, which shows that a successful liquidation has occurred in the case of DarkMarket, one of the largest illegal marketplaces, requiring the cooperation of several European Union Member States and several non-European Union countries. In the face of the coronavirus epidemic, organised crime groups are still trying to remain active and resilient, which is not a challenge in the online space at this time, although drug delivery models needed to be changed, but they are trying to maintain the constant cycle of the market through their hiding methods. In my study, I am also looking for answers how the detection and recovery of criminal property is carried out at national and international level, in cases where drug crime takes place in the online space. What is the path of illegally acquired criminal property, how can financial profiling be carried out in these cases? In case of drug offences, we are talking about a special asset recovery where is no victim demanded, because there are very few known victims existing. With my study, I intend to capture the current topicality of drug crime, by detecting methods of committing crimes in the online space, internationally and domestically, and by exploring the current processes of asset discovery and recovery. In this way, I wish to provide results that can be used by the profession.

scholarly journals Countering the Australian ‘ndrangheta: The criminalisation of mafia behaviour in Australia between national and comparative criminal law

2016 ◽  
Vol 50 (3) ◽  
pp. 321-340 ◽  
Author(s):  
Anna Sergi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Academic Research ◽  
Organised Crime ◽  
Comparative Approach ◽  
Paper Briefly ◽  
The Usa ◽  
Illegal Activities ◽  
Organised Crime Groups ◽  
Criminal Groups

Mafia-type criminal groups belonging to, or originated from, the Calabrian ‘ndrangheta from Southern Italy, have been object of recent academic research and media attention in Australia. The Australian ‘ndrangheta, as qualified form of organised crime, poses new challenges for law enforcement in the country. This paper briefly looks at the strategies to fight organised crime in Australia, with specific focus on anti-association laws. By using a comparative approach, the paper will look at the criminalisation of mafias as qualified forms of organised crime in other two jurisdictions, Italy and the USA, to advocate for an effective mafia criminalisation in Australia. In conclusion, this paper will argue that, in order to also fight mafia phenomena, criminal law in Australia should focus on behaviours of organised crime groups rather than only on the criminalisation of proscribed associations and their illegal activities.

Using a Multisectoral Approach in Tackling Child Sexual Abuse: Lessons from a Zimbabwean Case Study

2020 ◽  
Vol 32 (1) ◽  
Author(s):  
Noel Muridzo ◽  
Victor Chikadzi
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Justice System ◽  
Child Survivors ◽  
Integrated Service Delivery ◽  
Improved Outcomes ◽  
Form Part ◽  
Role Players ◽  
Areas Of Concern

Child sexual abuse is one of the prevalent social ills that affect children in Zimbabwe. In response to the problem of child sexual abuse and the need to mitigate its adverse effects, Zimbabwe established the Victim Friendly System. The Victim Friendly System is a multisectoral forum made up of social workers, medical doctors, nurses, the police force and role players within the justice system such as magistrates, prosecutors, counsellors, educationists and psychologists. These professionals offer distinctive but complementary interventions to child survivors of child sexual abuse. This paper discusses the merits and lessons gleaned from using the Victim Friendly System as a multisectoral forum to tackle child sexual abuse. In researching this phenomenon, the study adopted a qualitative approach and data were collected from 38 participants and 4 key informants selected using theoretical and purposive sampling respectively. A total of 300 court files of child sexual abuse cases were also reviewed. The findings that emerged from the study show that a multisectoral approach to dealing with child sexual abuse provides the benefit of integrated service delivery. Improved outcomes for victims of sexual abuse as well as streamlined, effective and efficient operations for organisations that form part of the Victim Friendly System were also evident. This notwithstanding, the paper also discusses some areas of concern that could potentially affect how the Victim Friendly System multisectoral arrangement works. The lessons that emerged from the study provide some insights that are useful in informing guidelines for multisectoral arrangements.

Reconstruction of Life Imprisonment in Prison System in Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 499
Author(s):  
Boma Wira Gumilar ◽  
Gunarto Gunarto ◽  
Akhmad Khisni
Keyword(s):  
Justice System ◽  
Criminal Code ◽  
Prison System ◽  
Penal System ◽  
Legal Research ◽  
Life Imprisonment ◽  
The Public ◽  
Prison Life ◽  
The Future ◽  
Research Types

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.

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