Transnational organized crime as a modern phenomenon: definitions and main features

The article analyzes the current situation in the world from the standpoint of the spread of such a negative phenomenon as transnational organized crime. It has been proven that by reducing the time of entry into another country, and in EU countries also by eliminating the need for customs control, it is easier for criminals not only to quickly and unhindered to get, so to speak, to another part of the hemisphere, but also to move, hide or hide goods, weapons, etc. In addition, a powerful impetus to criminal activity was given by globalization, the development of modern technologies, in particular, methods, techniques, programs used in modern banking, facilitated the implementation of international criminal agreements, and the electronics revolution gave criminals, including criminal organizations, access to new means and methods of obtaining funds.It is substantiated that transnational organized crime is one of the highest levels of criminal evolution, a qualitatively new form of crime organization, their antisocial, illegal activities go beyond the territory and jurisdiction of one state, and the subjects are sustainable criminal organizations, whose activities and spheres of influence applies not to one but to several countries, neighboring states, regions, etc. They operate in different regions of the world, have a certain specialization, use various methods, techniques (blackmail, intimidation, corruption schemes), and are united by a common goal - to obtain a very high (maximum) profit while ensuring minimal risk.

Evaluating risks-based communities of Mafia companies: a complex networks perspective

This paper presents a data-driven complex network approach, to show similarities and differences—in terms of financial risks—between the companies involved in organized crime businesses and those who are not. At this aim, we construct and explore two networks under the assumption that highly connected companies hold similar financial risk profiles of large entity. Companies risk profiles are captured by a statistically consistent overall risk indicator, which is obtained by suitably aggregating four financial risk ratios. The community structures of the networks are analyzed under a statistical perspective, by implementing a rank-size analysis and by investigating the features of their distributions through entropic comparisons. The theoretical model is empirically validated through a high quality dataset of Italian companies. Results highlights remarkable differences between the considered sets of companies, with a higher heterogeneity and a general higher risk profiles in companies traceable back to a crime organization environment.

Triads and The Abilities of Transnational Organized Crime to Prevail

AbstrakTransnational Organized Crime (TOC) adalah bentuk luas dari organisasi kejahatan yang dibentuk oleh sekelompok orang di wilayah tertentu. Dengan adanya globalisasi, perkembangan dari sebuah TOC bisa melewati batas-batas negara dan bahkan balik mengancam entitas dari negara tersebut. Satu hal yang membedakan TOC dengan organisasi kejahatan yang lain adalah struktur dan pola aktivitasnya yang rapi, seperti organisasi transnasional pada umumnya. Salah satu TOC yang melegenda sampai dengansekarang adalah kelompok mafa dari Cina, Triad. Sebagai organisasi kejahatan yang berumur panjang, berdiri sejak Dinasti Qing pada 1760-an, Triad memiliki banyak cabang yang tersebar di wilayah dengan populasi etnis Cina yang besar selain Cina sendiri seperti Taiwan, Hongkong, Singapura, Amerika Serikat dan Inggris. Melalui tulisan ini, penulis berusaha menjelaskan mengenai perkembangan Triad dari yang awalnya kelompok mafa menjadi kelompok yang memiliki tujuan bisnis seperti korporasi. Langgengnya kekuatan Triad sebagai sebuah organisasi kejahatan disebabkan juga banyaknya celah, baik diinstitusi domestik maupun institusi internasional. Celah tersebut dimanfaatkan secara baik oleh TOC untuk terus-menerus beraktivitas sampai sekarang.Kata-Kata Kunci: Organisasi Kejahatan Transnasional, TRIAD, Globalisasi, Mafia, KorporasiTransnational Organized Crime (TOC) is a widespread form of criminal organization formed by a group of people in a particular region. Because of globalization, the development of a TOC can cross the borders of the country and even turn against the entity of the state.One thing that distinguishes TOC from other crime organizations is, its neat structure and pattern of activities, such as transnational organizations in general. One of the legendary TOCs is the mafa group from China, Triad. As a long-lived crime organization, establishedsince the Qing Dynasty in the 1760s, Triad has many branchess cattered in areas with large Chinese ethnic populations other than China itself such as Taiwan, Hong Kong, Singapore, the United States and Britain. Through this paper, I’ll try to explain the development of the Triads, from a group that was originally a mafa to a group that has business objectives like a corporation. The lasting power of the Triads as a criminal organization is supported by the gap which happened in domestic and international institution. This gap is used properly by TOC to continue their activities until now.Keywords: Transnational Organized Crime, TRIAD, Globalization, Mafa, Corporation

Crime Boss and the Grounds for Liability: Postmodernism in Criminal Law

All over the world crime is becoming more and more organized. Globalization has considerably extended the area of criminal activities, it can no longer be contained within the national boundaries of one state. Crime bosses freely travel between countries and may solve the problems of their gangs’ cooperation far from the place where the criminal activity takes place. The gangs today have moved away from typical criminal practices. Business is becoming their key activity as it facilitates the organization of criminal groups not only in the shadow, but also in the legal economy. Thus, the main focus of crime counteraction should be the bosses of organized crime. Based on this position, the authors provide a theoretical basis for the introduction of Art. 210.1 in the Criminal Law of Russia — taking the highest position in the criminal hierarchy. They analyze the legal construction of this offence which, in essence, is inchoate. The authors also assess the grounds for criminalizing the very fact of occupying the highest position in a criminal hierarchy. It is proven that this status of a crime boss emerges at an advanced stage of development of the organized group, so the form of crime organization could act as a criterion for the establishment of such a status. The authors also examine some problems of enforcing Art. 210.1 of the Criminal Code and offer different ways of solving them, namely, the aggregate of Part 4, Art. 210 and Art. 210.1 of the CC, and the and specific features of penalizing offenders persecuted under Art. 210.1 and Part 4, Art. 210 of the CC of the Russian Federation.

Money laundering and predicate offenses: models of criminological and legal relationships

Purpose Purpose of the study is to show the relationships of money laundering with predicate offenses. Design/methodology/approach Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered. Findings Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes. Originality/value As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.