ORGANIZED CRIME

INVESTIGATION
 ORGANIZED CRIME-

• A complex set of People and function

interrelatedly in hierarchical structure specifically
for the purpose of attaining set goals.

• Syndicate- body of persons associated for some

design and undertaking which is usually a bold
and difficult one.
 TERMS INCLUDE IN OC

• International criminal organizations (military

usage);

• Transnational crime (United Nations usage);

• Enterprise crime (FBI usage).

OC REFERS TO ANY(OR ALL) OF SIX (6)
DIFFERENT TYPES OF CRIME:
• Crime as business, which includes white collar crime
as well as various forms of corruption;
• Offences involving works of art, Counterfeiting, or
other cultural artifacts;
• Crime associated with the distribution and the sale of
the narcotics as well as other contraband substances;
• Crime associated with the human migration or sex
trafficking including various forms of prostitution;
• Crime involving contact murder or for- hire use of
force,mostly deadly force;and
• Various forms of computer crime involving identify
theft and/or other large-scale financial frauds.
 CHARACTERISTICS OF
ORGANIZED CRIME
• Abadinsky (2002),for his part, argues that
organized crime is non-ideological ;that is, it’s
members don’t care what the cause is, as long as
everybody makes money.

• Albenese (2002), and Hagan (2010) argue that

the key characteristic is corruption, that organized
crime operates along a continuum in this regard,
slowly eating away at the integrity of legitimate
social institutions.

• Conklin (2010) argues the key characteristic is

continuity, or the ability of these kinds of
organizations to survive and achieve permanence
from generation to generation.
CHARACTERISTICS OF ORGANIZED CRIMES:

• It is a conspiracy activity involving coordination of

members
• Economic gain is the primary goal.
• Economic goal is achieved through illegal means
• Employs predatory tactics such as intimidation,
violence and corruption
• Effective control over members, associates and
victims
• Organized Crimes does not include terrorist
dedicated to political change.
 CONDITIONAL CHARACTERISTICS
OF ORGANIZED CRIME
• a) Conspiracy & Hierarchy – planning, organizing, executing;
three or more permanent levels of rank with a division of
labor or specialization.

• b) Ideology of Economics – its just a business, nothing

personal; its probably more accurate to say they have no
ideology, no politics; intimidation, violence, and coercion are
business, profit oriented

• c) Perpetuity – the organization is designed to last through time,

beyond the lifespan of current members via a mix of legitimate
“fronts”

• d) Monopoly – they often seek total control over a particular turf

or industry, seeking goods or services that are presently illegal or
quasi-illicit and that have such a demand that raising price won’t
matter.
 CONDITIONAL CHARACTERISTICS
OF ORGANIZED CRIME
• e) Strict Discipline – the group controls its
members promptly, deadly; there’s a code of
silence, secrecy, extensive rules and regulations.

• f) Restricted Membership – usually on ethnic,

kinship, criminal record, or other grounds;
applicants need a sponsor; not anyone can join.

• g) Immunity from prosecution - the group is

interested in corruption, in fixing the criminal justice
system.
DIVISION OF LABOR IN THE ORGANIZED CRIME:

• 1. An Enforcer -One who make arrangement for

killing and injuring the member or non member
 
• 2. A Corrupter -one who bribes, buys
intimidates, threatens, negotiates, and sweet talk
into a relationship with the police, public officials
or any one else who might help the member
security and maintain immunity from arrest
prosecutor and punishments.
 
• 3. A Corruptee- A public official usually not a
member of the organization family who can wield
influence on behalf of the organizations interest.
 GENERIC TYPES OF ORGANIZED
CRIMES
• Political Graft- manned by political criminals, who use force and
violence of a means to obtain profit or gain, and or achieving political
aims or ambition.

• The Mercenary/Predatory Organized Crime- Crimes committed

by groups for direct personal profit but prey upon unwilling victims.

• In-group Oriented Organized Crime- Group manned by semi

organized individual whose major goals are for psychological
gratification such as adolescent.
 
• Syndicated Crimes - The organization that participates in illicit
activity by the use of force, threat or intimidation. The group with a
formal structure, whose purpose is to provide illicit services, which
are in strong public demands through the use of secrecy on the parts
of the associates.
 ESSENTIAL COMPOSITION OF
ORGANIZED CRIME-

• Professional Criminals to
successfully operate in the
organization.

• refers to occupations or their incumbents, which

posses various traits including useful knowledge that
requires lengthy training, service orientation and
code of ethics that permits occupations to attempt
to obtain autonomy and independence with high
prestige and remuneration.
• Characteristics of Professional Crimes( Sutherland)

• Crime is a sole means of livelihood.

• Careful planning and reliance upon technical skills and methods.
• Offenders are migratory life style
• The group shared a sense of belongingness rules , code of
behavior, and mutual specialized language.
• 
• Characteristics of Professional Crimes( Earl Richard
Quinney)

• Crime is a sole means of livelihood or economic gain.

• There is highly developed criminal career.
• There is considerable skill involved.
• Group of professional career offender .
• Hard to detect by authorities and can be able to avoid
imprisonment.
CRIMINOLOGICAL TYPES OF ORGANIZED CRIMES-

• Traditional crime syndicates-----patron client

networking… this type of organized crime is
controlled by one family or relative by blood
• Non- traditional crime syndicates—bureaucratic,
each member have potential to become a leader.
• Semi-organized crime syndicates-----pertain to a
gangs
• Politically controlled organized crime--- manned
by political criminals for achieving political aims and
ambition.
 CRITERIA THAT MANIFEST A SYNDICATED GROUP TO BE
CONSIDERED AS ORGANIZED

• It is composed of many members at least hundreds.

• Its structure is complex as those of any corporation
• It is subject to laws more rigidly enforced than those
of legitimate government.
• Its organization is usually structured along
hierarchical line-up with chieftain supported by close
advisors and then lower echelon members.
• Its action is not I plosive, but rather the result of
intricate conspiracies.
• Responsibilities are distributed through long term
activities
• Has highly sophisticated technology.
SOME OF THE ASIAN ORGANIZED
CRIME GROUPS:
• Triads and tongs in Hong Kong and China
• YAKUZA in Japan
• United Bamboo Gangs inTaiwan
• Warlords in Myanmar
• Nam Cam gang in Vietman
• Other ethnic entrepreneurs.

China Organized Criminal Groups, comes in 2 forms:

Gangs-Triads- Works in cooperative ventures involving black

market activities, large burglaries , theft and highjackings
or extortion
Criminal Syndicates- commonly involved in more
sophisticated crimes such as prostitution, illegal
immigration, slavery and other organized forms of vices.
• Yakuza ,also known as gokudō, are members of
traditional organized crime syndicates in Japan. The
Japanese police, and media by request of the police,
call them bōryokudan literally "violence group", while
the yakuza call themselves "ninkyō dantai"
• (ya-ku-za, or 8-9-3, is a losing hand in Oicho-Kabu, a
form of blackjack).
• the code of jingi (justice and duty) was developed
where loyalty and respect are a way of life.

• Rituals
• Yubitsume, or the cutting of one's finger, is a form
of penance or apology. Upon a first offence, the
transgressor must cut off the tip of his left little finger
and give the severed portion to his boss.
• The American Mafia operates on a strict hierarchical
structure. While similar to its Sicilian origins, the
American Mafia's modern organizational structure
was created by Salvatore Maranzano in 1931. All
inducted members of the Mafia are called "made"
men

• Morte Alla Francia Italia Anila- they are also

known as the La Cosa Nostra(LCN)
 Boss (Don)
ORGANIZATIONAL STRUCTURE
• Boss — The boss is the head of the family, usually reigning as a dictator, sometimes
called the Don or "Godfather“.
Consigliere
• Underboss — The underboss, usually appointed by the boss, is the second in command

Underbos
of the family. The underboss often runs the day-to-day responsibilities of the family or
oversees its most lucrative rackets.

• Consigliere — The consigliere is an advisorsto the family and sometimes seen as the
Boss's "right-hand man". They are used as a mediator of disputes, representatives or
aides in meetings with other families.

Capo Capo Capo

• Caporegime (or capo) — A caporegime (also captain or skipper) is in charge of a crew; a
group of soldiers who report directly to him. Each crew usually contains 10-20 soldiers
and many more associates.

Soldier
• Soldier (SoldatoSoldier Soldier
in Italian) — A Soldier
soldier is a member Soldier
of the family, Soldier
and traditionally can
only be of full Italian background (although today many families require men to be of only
half Italian descent on their father's side).

Associate Associate Associate

• Associate — s
An associate is not a member sof the Mafia, but works for a crime
s family
none-the-less. An associate can include a wide range of people who work for the family.
This is where prospective mobsters ("connected guys") start out to prove their worth.
Once a crime family is accepting new membership, the best associates are evaluated and
picked to become soldiers.
• The Mafia created customs and traditions which the members have to
follow.

• "Omertà" - is the oath or "code of silence", never talk to the

authorities.
• "Ethnicity" - only men of Italian descent are allowed to become full
members (made man) Associates, partners, allies etc. have no ethnic
limits
• "Family secrets" - members are not allowed to talk about family
business to non-members.
• "Blood for blood" - if a family member is killed (by another member)
no one can commit murder (in revenge) until the boss gives
permission.
• "No fighting among members" - from fist fights to knife fights.
• "Tribute" - every month; member must pay the boss; also giving the
boss a cut on any side deals.
• "Adultery" - members are not allowed to commit adultery with
another family member’s wife.
• "No facial hair" - members were not allowed to grow mustaches;
part of the Mustache Pete way.
Typical Organized Crime Activities:

1. Theft and Fraud

• Victimizing business
• Victimizing state
• Victimizing individual person
2. Providing illegal services and goods
3. Business and labor racketeering
4. Miscellaneous activities
 THE TRAFFICKING/SMUGGLING
BUSINESS SHALL HAVE THE
• The Stages-3 phases
FOLLOWING
• Recruitment
• Transfer
• Entrance into the destination
 
• The routes- selected friendly routes with soft sate to traffic
human being and smuggling migrants, this routing rules of
themselves:
 
• Tested routes- these are determined through criminal expertise, less
risky countries and borders with opportunistic countries

• The Victim- the lowest common denominator of all trafficking

and smuggling victims is their vulnerability, which may depend
on a set of variable deriving from the facts that a person has no
physical, material, social or psychological resources with which
to resist the blandishments of traffickers/smugglers.
• Diverse Typologies of Human Victims of Human
Smuggling
•  
1. Poverty stricken
2. Extremely uneducated
3. Common criminal
4. Political dissident
5. Prostitutes
EUROPOL DISTINCTION OF TYPES OF VICTIMS

• 1. Exploited victims- those who have worked in

sex industry in their own country and are recruited
for similar work in the destination country

• 2. Deceived victims- consist of women recruited

to work in the service or entertainment industry of
the destination country.

• 3. Kidnapped victims- women who have been

kidnapped and are therefore unwillingly from the
outset.
 BASIC PRINCIPLES OF ORGANIZING
TRAFFICKING/SMUGGLING ENTERPRISE

• Networks/alliance and outsourcing

• Division of Labor
• Horizontal intermediaries among criminal
activities
• Vertical interdependencies among criminals
( specialization of criminal activity)
• Using control devices during the exploitation
phase-
 THERE ARE (4) OPPORTUNITY
FACTORS FOR ORGANIZED CRIME
• 1.Economic Factors, such as poor standards of
living, demand for illicit services, and a competitive
environment.

• 2.Governmental factors, such as corruption or

weak local ability at enforcing laws;

• 3.Law enforcement factors, such as poorly paid

police officers who are not adequately trained; and

• 4.Social or technological changes, such as new

technologies which promote organized crime.
ACTIONS TAKEN BY INTERNATIONAL
AND NATIONAL LEVEL TO LEVERAGE
THE PROBLEM
• Repression- The Palermo protocol calls fro every nation to
enact laws to criminalize trafficking in person, specially women
and children
The Palermo convention also envisages the eliminations of safe
havens for migrants smugglers and fast-track prosecution of
offenders.
• Prevention- the protocol emphasizes that government should
seek trafficking with various measures.

• Protection and Assistance- trafficking and the smuggling

protocols mandated countries to:
• protect the basic rights of migrants against violence.
• Assist migrants endangered by the smuggling process, with special
attention to women and children
• Allow trafficked victims to remain on their territory temporarily or
permanently.
• Provide for the physical, psychological, and social recovery of the victim.
CAUSE OF HUMAN TRAFFICKING AND
SMUGGLING OF MIGRANTS

Two Factors Influencing these Criminal Activities

• Those that force people to leave the country and to
resort to trafficking or smuggling service (push
factor)

• Those that make the final destination countries

attractive for those people (pull factor)
• RA9208- The Anti Trafficking in Person Act of 2003
• Approved May 26, 2003
Purpose:
a. Protection of persons against any threat of violence and
exploitation
b. The elimination of trafficking in person
c. Mitigating the pressures for involuntary migration and servitude
d. Ensuring the recovering, rehabilitation and integration of trafficked persons.

• Sec. 3 Trafficking in Person Means, in general, and without

prejudice to the operative provision of the law defining the
criminal acts, trafficking in person is best understood by parsing
into acts, the means the purpose such as
Means: Purpose:
Acts:
•Threat •Prostitution /other form
•Recruiting
•Use of force/coercion/ of sexual
•Transporting
adduction/ fraud/ deception •Forced labor or services
•Transferring
exploitation •Slavery
•Harboring
•abuse of power •Servitude
•Receiving
• taking advantage of the •Removal or sale of
persons
vulnerability of the person organs
 SEC. 6 QUALIFIED TRAFFICKING
• when the victim is a IN
child PERSON;

• when the adoption is effected through RA 8043- Inter-Country

Adoption of 1995 and the purpose of adoption is for exploitation.

• When the crime is committed by syndicate or in large scale

• When the offender is an a ascendant, parents, siblings, guardian or

person who exercise authority.

• When the trafficked person is recruited to engage in prostitution

with any member of military or law enforcement agencies.

• When the offender is a member of the military or law enforcement

agencies

• When the result of trafficking the victim dies, become insane,

suffers mutilation or infected with HIV
 RA 9262-
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE AND FOR OTHER PURPOSE.
Sec. 5 Acts of Violence against women and their
children-
Committed through the following acts:
 
• Causing physical harm to the women or her child.

• Inflicting or threatening to inflict physical harm on oneself for

the purpose of controlling her actions or decisions.
 
• Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm or though intimidation
directed against the woman or her child or her/ his immediate
family.
• Engaging in purposeful knowing or reckless conduct personally
through another, which alarms or causes substantial emotional
or psychological distress to the woman or her child. This shall
include, but not limited to the following:
-Stalking or following the woman or her child in public or
private places
-peering in the window or lingering outside the residence of
the woman or her child
- entering or remaining in the dwelling or on the property of
the woman or her child against his/her will.
-destroying the property or personal belongings or inflicting
harm to the animals or pets of the woman or her child.
-Engaging in any form of harassment or violence

• Causing mental or emotional anguish public ridicule or

humiliation to the woman or her child, including but not limited
to, repeated verbal and emotional abuse and denial of financial
support or custody of minor children of access to the woman’s
child/children
Typical Crimes Committed by OC
• Smuggling of humans-
the exporting and importing of human beings for the
purpose of exploitation. The originating nation and the
receiving nation are the main victims of theses illicit
trades of organized criminals. The direct victims are
commonly children and women. These victims are
commonly found to be called undocumented aliens

• Smuggling of migrants-
refers to the illegal exploitation of migrants from other
nation/countries entering foreign nations. Theses
migrants often end up to forced labor, prostitutions and
other inhuman treatment by the receiving nation.
Thesis activities are designed for profit by the criminal
groups who facilities their travels.
• White slavery-
engagement in the business for profit, or enlistment
of services of any other person for the purpose of
prostitution.

• Smuggling-
the act of conveying or introducing surreptitiously or
to import /export secretly contrary to law and
especially without paying duties imposed by law

REPUBLIC ACT NO. 455: The law on smuggling is

the answer to curtail smuggling problems in the
Philippines that hampers its economy and affected
legitimate business and industry.
 TRANSNATIONAL CRIMES

in an act in violation of laws of two or

more countries/ states, these violations
are refers
to all acts inimical to the welfare of
states/countries.

• Political
• Economic gain
• Social control
• Bossard defined transnational crimes as “an activity that is
considered a criminal offense by at least two countries.

• United Nation defined transnational crimes as “offenses

whose inception, prevention and or direct effects
• involved more than one country”.
 
• Passas defined transnational crimes as “ crime avoidable an
unnecessary harm to society which is serious to warrant state
intervention and similar to other kinds of acts immortalized
by the countries concerned or by International Law, and
where offenders or victims find themselves in or operational
through different jurisdiction”.
 
• Mueller, “ transnational crimes as seen both theoretically
and practically are cross border crime that had become a key
security issue for policy makers and law enforcement
agencies”
 HISTORICAL TYPES OF
TRANSNATIONAL CRIMES
• Slavery-
• White slavery
• Piracy
• Smuggling

• Modern types of Transnational Crimes

• Terrorism
• Illicit trafficking
• Computer crimes
• Trans-chemical environmental crimes
• Drug trafficking of human being
• Plunder of Antiquities- cultural materials from
other countries are illegally removed and
transported transnationally to fill the collections of
private purchasers and museums.

• Transnational Environment Crime-

is inherently transnational despite their transnational
character-most cross border environmental harms
are not defined as crimes or regulatory violations.
 MECHANISMS OF TRANSNATIONAL
ENVIRONMENTAL CRIMES.
• Transborder flow of toxic substance-
this occurs when pollutants that originate within one
national-state spread to neighboring or distant countries
through natural ecological process such as movement of
treats, rivers, air currents, and living organism or through
deliberate transportations.

• Transborder flow of economic decisions-

economic decisions that originate in one country can
have devastating and often criminal consequences for
environment and people in another country.

• Transborder Projections of Power-

environment are also harmed by transborder projections
of power in the form of military force.
• Drug trafficking
one of the most typical forms of transnational crime is
the illegal movement across one or more national
frontiers of psychoactive substance.
• Major Drug Traffic Route

A. Drugs that originates from the Golden Triangle

Burma/Myanmar

Laos Thailand
 
• B. Drugs that originates from the Golden Crescent

- Iran
- Afghanistan
- Pakistan
- India
• International drug control system started on 1909 by the
Shanghai Opium Conference ; which forms the International
Opium Convention called the drug control treaty signed at the
Hague in 1912.

• 1912- International opium convention which expands its scope

to the control of heroin and cocaine.

• 1925- second opium convention which established as system of

important certificate and export authorizations and extended the
scope of control to cannabis.

• 1935- convention for limiting the manufacture and regulation

the distribution of narcotics drugs which introduce a compulsory
estimates system and provide controls for the manufacture of
drugs.

• 1936- convention for suppression of the illicit traffic in

dangerous drugs, which called for the punishment of drug
traffickers.
• Political Ideology- the body of ideas reflecting the
social needs and aspirations of an individual or
group, a class or a culture.
 
• Bovier defined- a set of doctrines or beliefs that form
the basis of a political, economic or other system.

• Political Sabotage- Political leaders were

dethroned by their own trusted men to take over
power
• Examples: Fernand Marcos of the Philippines by Gen.
Fidel Ramos in 1986.
 
• Terrorism – the systematic use of terror as means of
coercion
 TERRORISM AS POLITICAL INSTRUMENT
ACCORDING TO:
• Cooper 1978- terrorist engage in all types of crimes, but their purpose is
not criminal. The ultimate object of terrorism is to change political
behavior. The ultimate object of terrorism is to change political behavior
 
• Liqueur 1999- terrorist behavior does not remain constant; terrorism is
not a psychological phenomenon; it represented with violent political
behavior. Terrorist does not act with psychological inadequacies but from
political circumstances.
 
• Jerkins 1998- terrorism is situational defined, terrorism is frequently
involves criminal activity, terrorist are not typical criminals, they commit
crimes for political purposes.

• Jeffrey Ian Ross1999- argues that terrorism involves violence but their
criminal behavior is a result of political and social circumstances.
 
• Richardson Dichotomy of Terrorism-
• international terrorism crosses national boundaries
• Transnational terrorism points towards an ideological globalism ignoring a
world divided by national frontiers
DIFFERENT TYPES OF TERRORISM:
• Anti-Colonial Terrorism- known as bureaucratic
language as asymmetric
Terrorist formulated their own theories of anti-colonial
revolution and based much of their activity on earlier
revolutionism
 
• Ideological terrorism- terrorist of the left and later
the right used rhetoric of anti-colonialism, but their
targets were the economies and social symbols of
western democracies.

• Religious Terrorism- Introduced a cosmic dimension to

violent political struggle

• According to Mark Juergens Meyer – terror in the mind of

God.
 ROOT CAUSES OF TERRORISM:
• political ideologicalism- the body of ideas reflecting the
social needs and aspiration of an individual or group a class or
a culture.

• Religious Fanaticism- according to Ninian Smart – religion

is a complex phenomenon with many definition as many as
there authors articulating its methodology and theology.

Rodney Stork-believes that religion is a form of belief which is

evident in highly structured societies

• International Kidnapping- to keep the world critics dumb

and blind, its hide behind the facades of orchestrated events to
radiate an aura of saving people and to deodorize its hidden
agenda. It is a grand strategy that present the enduring
marriage of military and body politics
• Terrorism in Philippines- RA9372- Human Security Act of
2007.
Made effective May 15, 2007.
 
Crimes :
• Art. 22- Piracy in General and Mutiny in the high seas
• Art 134- Rebellion or Insurrection
• Art. 134- A- Coup d’etat
• Art 324 – Crimes involving destruction.
• PD1613- The ArsonLaw
• RA6969- Toxic Substance and Hazardous and Nuclear waste
control act 1990.
• RA 5207- Atomic energy regulatory and liability act of 1968.
• RA 6235- Anti- hijacking law
• PD 532-Anti piracy and Anti-highway robbery law of 1974
• PD 1866- Decree codifying the laws on illegal and unlawful
possession, manufacture, dealing in, Acquisition or Disposition
of firearms.
COMMON TERMS RELATED TO TERRORISM-

• National terrorist- used to define almost all illegal

acts of violence committed for political purpose by
clandestine groups.

• Transnational terrorist- who operates across

national boarders, whose actions and political
aspirations may affect individual of more than one
nationality.

• International terrorist- who are controlled by and

whose actions represents the national interest of a
sovereign state.
 THREE TRANSITORY PHASES;
• First phase- dominated by nationalism, that love of country is
the motivating cause for its citizens to fight other in cases where
these national territory belief and customs are invaded by other
nations

• Second Phase- ethic and ideological violence the differences on

ideological beliefs is the ground for national citizens to react over
the other.

• Third Phase/Current phase- motivated by religious belief

Notes:
• Cult- an organization brazed with spiritual or ethical belief.-
suggested the being or the first stage of development into religion.

• Sect- groups which believe on unorthodox rituals crafted from the

religious ideology.
• Crimes against Humanity-
is international crime and is distinguished from a
domestics crime on the basis that its breach is common
to the whole of the international community and as a
consequence invokes international jurisdiction. It is the
concept of humanity as the victim rather than just the
individual victims, that essentially characterizes crimes
against humanity.

• Murder
• Extermination
• Enslavement
• Deportation
• Rape
• Terrorism
• Genocide
 CORRUPTION AS POLITICAL CRIME
• Corruption, graft theft with grand designs , accepting bribes and
gratituites arre examples of unethical practices- these behaviors
are referred by “Albert Cohen” as exploitations defined as acting
on opportunity, created by virtue of one’s authority, for personal
gain at the expense of the public as one is authorized to serve.
 
• grass eaters- extended to those that takes bribes, gratuities and
unsolicited protection money.

• meat eaters- those that participate in shakedowns “shopped” at

burglary scene.
•  
• slippery slope- this idea suggest that when people start to
deviates, they do so in small incremental ways. But once a person
strays from norms and rules of conduct he she begins to slide
down a slope that leads to greater, more pronounced from of
deviance.
• Crime by Government-comes in so various
means such;

• Crime by secret police- units of the internal

security police of the state, with the mandate to
suppress all serious threatening political opposition
to the government in power.

• Human Right violations- committed by ideological

reasons by government and their agents, motivated
not by self-interest but by a dedication to a
particular belief system 

• Genocide
• Assassins
• Crime Against Government –are acts by most
opposition to the incumbent government, which include
but not limited to:

• Protest and dissent- these acts vary from illegal

protest , demonstration , a strikes to treason, sabotage,
assassination and terrorism

• Political whistleblowers- information usually is classified

as secret to protect national security, but also in some
instances to misinform the public and cover up
questionable activities

• Social Movements- are relatively organized groups that

contain a distinctive ideology and advocate social change

• Assassination
• Assassins- classified into the following;
• Political assassins- commit their act for political reasons

• Egocentric assassins- person with an overwhelming and

aggressive egocentric need for acceptance, recognition and
status.

• Psychopathic Assassin- are unable to relate to others these

emotional cripples direct their perverse rage at popular political
figure.
 
• Insane Assassins— mental illness
 
• Atypical Assassins- are those who defy classification
 
• According to James Clarke- the darker side of politics was
critical of the assumption that most assassins suffer from
some mental pathology, insanity or derangement
• War Crimes- as offense against the laws of war
that the criminal in the ordinary and accepted sense
of the word. They are to be distinguished from
traditional criminal laws by reason of heinousness,
their brutality, their ruthless disregard for the
sanctity of human life, and their wanton interference
with rights of property overreacted to reasonably
conceived requirements of military necessity.
 WAR CRIMES- AS OFFENSE AGAINST THE
LAWS OF WAR.
• Forms of war code and laws:
1. National Code- US, drafted by Francis Leiber, then
promulgated by Pres. Lincoln in 1863.
• 159 articles-military necessity, punishment of crimes against the
inhabitants of hostile countries, prisoners of war and spies.

2. The Hague Law-two promulgated laws at Hague,

Netherlands conventions.
1. 1899- Czar Nicholas II of Russia proposed of the conference to
considered bombing, dropping of bombs from balloons, the use of
poisonous gases and the use of expanding bullets known as Dumdum
bullets during war.
2. 1907- Hague convention introduces the first comprehensive set of
regulations on laws and customs of wars.
• Chapter 11- treatments of prisoners
• Art 23- limits who may be killed under certain circumstances and use of
poison and weapons that cause unnecessary suffering- Principles of
proportionalities
OTHER WAR CONVENTION DURING
1899 AND 1907:
• Geneva Law- Henry Dunant in 1964 at the
Geneva, Switzerland attended by 16
countries-creation of red Cross Society which
pertains to the principles and respect to the
individual.
CRIMES AGAINST HUMANITY IN TIMES OF
WAR
• Murder
• Extermination
• Enslavement
• Deportation
• Imprisonment
• Rape
• Persecution on political
• Racial or religious grounds
• Other inhuman acts
TELECOMMUNICATION CRIME
Telephone bugging or wiretapping as a
Methods of wiretapping;
 
• hard wiretapping- physical access to the telephone.

• soft wiretapping- involves software used to run the

telephone.

• Record Wiretapping- simply calls for installing a

voice activated tape recorder into the telephone lines.

• Transmit wiretapping- use transmitter bugging

machine connected to telephone line.
• RA 4200- Anti –Wire Tapping Law

Prohibits of illegal recording of Conversation

Except if involve national security
RA 9372-Human Security Act
• Cybercrime –crimes committed through the use and manipulation of
the cyberspace in the computer

• Cyberterrorism-the premeditated, politically motivated attack against

information, computer system, computer programs and data which
results in violence against non-combatant targets by sub national
groups or clandestine agents

• Virus- is a program that disrupts or destroys existing programs and

networks, causing them to perform the task for which the virus was
designed
 
• Logic Bombs- a set of instructions secretly inserted into a program that
is designed to execute if a particular condition is satisfied.

• Philippines law against computer crimes-

 
• RA8792- Electronic Commerce Act of 200 ( E-commerce Act

• RA 4200- Anti –Wire Tapping Law

 REPUBLIC ACT NO. 9995 ANTI-
PHOTO AND VIDEO VOYEURISM
ACT OF 2009".
• Approved: FEB 15, 2010
• "Photo or video voyeurism" means the act of
taking photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent,
• Section 5. Penalties. -
• imprisonment – 3 to 7 years
• fine -P100,000.00- P500,000.00,
• or both, at the discretion of the court

If the violator is a
• juridical person-license or franchise shall be
automatically be deemed revoked.
• public officer or employee, or a professional, he/she
shall be administratively liable.
• an alien- deportation proceedings after serving
his/her sentence and payment of fines.
 REPUBLIC ACT NO. 10175
“CYBERCRIME PREVENTION ACT OF
2012″.

• AN ACT DEFINING CYBERCRIME, PROVIDING

FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER
PURPOSES
• Approved: SEP 12 2012
SEC. 4. Cybercrime Offenses. — The following
acts constitute the offense of cybercrime
punishable under this Act:
• (a) Offenses against the confidentiality,
integrity and availability of computer data
and systems:

• (1) Illegal Access.

• (2) Illegal Interception
• (3) Data Interference
• (4) System Interference
• (5) Misuse of Devices.
• (6) Cyber-squatting. – The acquisition of a
domain name over the internet in bad faith to profit
(b) Computer-related Offenses:
• (1) Computer-related Forgery and theft.

(c) Content-related Offenses:

• (1) Cybersex
• 2) Child Pornography. — The unlawful or
prohibited acts defined and punishable by

• Republic Act No. 9775 or the Anti-Child

Pornography Act of 2009, committed through a
computer system Provided, That the penalty to be
imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
3 practical reasons why we should
compare our system:

• Genocide
International • Terrorism
Crimes • mass violation of human
rights
• Drug trafficking

• Money Laundering-
Crimes
Transnation • Drug trafficking
• Economic crimes
al Crimes • Sea piracy
• Theft of art and cultural
objects
 INTERNATIONAL CRIMINAL
POLICE ORGANIZATION(ICPO)

an organization facilitating international police

cooperation. It was established in 1923

non-governmental organization that promotes law

enforcement cooperation and intelligence sharing
among member countries.
It is the second largest intergovernmental
organization after the United Nations, in terms of
number of member states.

Lyon, France
headquarters
 INTERNATIONAL CRIMINAL
POLICE ORGANIZATION(ICPO)

it facilitates cross-border police co-operation, and supports

and assists all organizations, authorities and services whose
mission is to prevent or combat international crime

INTERPOL’s constitution prohibits ‘any intervention or

activities of a political, military, religious or racial character

most important functions is to help member countries’

police communicate critical crime- related information
to one another using Interpol’s system of international
notices.
 supreme governing INTERPOL’S
body STRUCTURE
appoint candidates
member
the designated contact point for
Decision makers the General Secretariat,
regional offices and other
13-members member countries requiring
Pres., 3 V-Pres. and 9 assistance with overseas
committee is elected investigations and the location
delegates covering
by the General and apprehension of fugitives.
the 4 regions.
Assembly

appointed by the
located in Lyon, France, the Executive Committee and
General Secretariat operates this is an independent body whose
confirmed by the General
24 /7 run by the Secretary mandate
Assembly.
General. (1) to ensure that the processing of
Officials from more than 80 personal info by INTERPOL
countries work side-by-side complies with the Organization's
regulations
Secretariat has seven regional (2) to advise INTERPOL on any
offices across the world project, operation, set of rules or
4 official other matter involving the
language Arabic, processing of personal info.
s: English,
French (3) to process requests concerning
Spanish. the information contained in
INTERPOL's files.
 MISSION OF INTERPOL:
To be the world’s pre-eminent police organization in support of all
organizations, authorities and services whose mission is
preventing, detecting, and suppressing crime.
Providing both a global perspective and a regional focus

Exchanging information that is timely, accurate, relevant and

complete

Facilitating international co- operation

Coordinating joint operational activities of our member

countries

Making available know- how, expertise and good practice

 TYPES OF NOTICES:
to seek
REDthe arrest or provisional arrest of wanted persons with a view to
Notice extradition.
YELLOW
to help locate missing persons, often minors,
orNotice
to help identify persons

to BLUE
collect additional information about a person’s identity or activities in
Notice
relation to a crime

BLACK
toNotice
seek information on unidentified bodies.

GREEN
to provide warnings and criminal intelligence
Notice
about persons who have committed criminal offences

ORANGE
to warn police, public entities and other
Notice organizations about potential threats
international

PURPLE
to provide modus operandi or seek MO of a
Notice
certain criminal or terrorist group
 PRESIDENCY OF INTERPOL
elected by the General Assembly for a
period of 4 years. Under Article 18 of the
Constitution requires that the President;

maintain, as far as possible, direct and

constant contact with the Secretary General
of the Organization.

ensure that the activities of the Organization

are in conformity with the decisions of the
General Assembly and the Executive
Committee;

preside at meetings of the General

Assembly and the Executive Committee
and direct the discussions
 INTERPOL’S SIX PRIORITY AREAS

Public safety and

terrorism
Criminal organizations,

Drug- related crimes

Financial and high- tech
crime
Trafficking in human beings,
anti- corruption
Fugitive investigation
report
 UNITED NATIONS (UN)
international organization whose
stated aims are facilitating
cooperation in

international law, International security,

social progress economic development

achievement of
human rights
world peace
 BRIEF HISTORY OF UN
League of Nations -1939- U.S. State Department in
1945 1939
-
-United Nations
1 January 1942-
“Allied countries” Franklin D.
Roosevelt -
used the term UN
- to stop wars between countries,
UN establish 1945 after World
and to provide a platform for
dialogue.
War II
25 April UN conference and Chilean delegation signing the UN
1945- Charter in San Franciso- 50 government and non-
government organization involved in drafting the UN
24 October Charter
ratification of the Charter by the five permanent
1945 members of the Security Council
Chin Soviet United
France United kingdom
a Union States
meeting of the General Assembly, with 51
January 1946 nations represented, and the Security
Council, took place in Westminster Central
Hall in London
 BRIEF HISTORY OF UN
CONTROVERSY AND CRITICISM OF THE UN.

Cha
rles
Gau de
John Birch lle
Society
le machin ("the thing"), and
was not convinced that a
One World global security alliance
would help maintain world
Governmen peace, preferring direct
t. defense treaties between
countries.
The UN Headquarters - New York City

main offices at six official

languages
 Arabic,
Geneva,  Chinese,
Nairobi (Kenya),  English,
Vienna(Austria)  French,
 Russian, and
 Spanish
193 member states

Present members of
UN
UN SIX ORGANS
General • main deliberative assembly
Assembly

Security • deciding certain resolution for

Council peace and security
Economic and • promoting international economic
Social Council
and social cooperation

Secretariat
• providing studies, information, and
facilities needed by the UN
International
Court of • primary judicial organ
Justice
United
Nations • currently inactive
Trusteeship
Council
 PROMINENT UN SYSTEM AGENCIES
• World Health Organization WHO
• World Food Programme
WFP
• United Nations Children's Fund
UNICEF
• The UN's most prominent position is
•
Secretary-
General
-Ban Ki-moon of South Korea since 2007.
 GENERAL ASSEMBLY
• When the General Assembly votes on important questions, a
two-thirds majority of those present and voting is required.
• Examples of important questions include:
1. recommendations on peace and security;
2. election of members to organs;
3. admission,
4. suspension, and
5. expulsion of members; and,
6. budgetary matters.
• All other questions are decided by majority vote. Each
member country has one vote.
• The Assembly may make recommendations on any matters
within the scope of the UN,

• except matters of peace and security that are under

Security Council consideration.
 SECURITY COUNCIL
• The decisions of the Council are known as United
Nations Security Council resolutions.
• made up of 15 member states,
• consisting of 5
permanent members • 10 non-permanent
1. China, members,
2. France,
3. Russia, 1. Azerbaijan 2. India
4. United Kingdom 3. South Africa 4. Colombia
5. Morocco 6. Togo
5. United States
7. Germany 8. Pakistan
9. Guatemala 10.Portugal

The ten temporary seats are held for two-year terms

The presidency of the Security Council is rotated alphabetically
each month.
 SECRETARIAT
• Headed by the Secretary-General

• assisted by a staff of international civil servants worldwide.

• Secretary-General- acts as the de facto spokesperson and leader of the
UN.

the position is defined in the UN Charter as the organization's "chief

administrative officer.

• appointed by the General Assembly, after being recommended by the

Security Council, where the permanent members have veto power.

• Term of office -one or two terms of five years,

• The appointment on the basis of geographical rotation, and that the

Secretary-General shall not originate from one of the five permanent
Security Council member states.
 Rules for membership
1 2 decision of the
open to all other General Assembly
peace-loving states upon the
that accept the recommendation of
obligations contained
in the present Charter the Security
and, in the judgment Council.
of the Organization,
are able and willing to
carry out these
obligations.

UN member
 KINDS OF SOCIETIES IN THE WORLD:
Folk- communal society
• primitive societies, little codification of law, no specialization among police, and a
system of punishment that just let things go for awhile , harsh and barbaric punishment

Urban- commercial society

• civil law (some standards and laws are written down), specialized police forces (some
for religious offenses, others for enforcing the King’s law), and punishment is
inconsistent, sometimes harsh, sometimes lenient.

Urban- industrial society

• has codified laws (statutes that prohibit) but laws that prescribe good behavior, police
becomes specialized in how to handle property crimes, and the system of punishment is
run on market principles of creating incentives and disincentives.

Bureaucratic society
• system of laws (along with armies of lawyers), police who tend to keep busy
handling political crime and terrorism, and a system of punishment
characterized by over criminalization and overcrowding.
 • where the accused is
Adversarial innocent until proven
guilty
COURT
SYSTEM
• where the accused is
guilty until proven
Inquisitorial innocent or mitigated,
and have more secret
procedures.
 TYPES OF CJS/POLICE SYSTEMS
Common law systems
known as Anglo- American justice, and exist in most English- speaking countries of the world, They are
distinguished by a strong adversarial system where lawyers interpret and judges are bound by precedent. (the
importance of previously decided cases).

Civil law systems

known as Continental justice or Romano- Germanic justice, and practiced throughout most of the
European Union , strong inquisitorial system where less right is granted to the accused, and the written
law is taken as gospel and subject to little interpretation.

Socialist systems
known as Marxist- Leninist justice,, such as Africa and Asia. Its procedures designed to rehabilitate or
retrain people into fulfilling their responsibilities to the state, ultimate expression of positive law,
designed to move the state forward toward the perfectibility of state and mankind. It is also primarily
characterized by administrative law, where non- legal officials make most of the decisions.

Islamic systems
known as Muslim or Arabic justice, and derive all their procedures and practices from interpretation of the
Koran.this system is characterized by the absence of positive law and are based on the concept of natural
justice.
 FOUR MODELS OF CIVIL ORDER
POLICING
• Civil police model
• the police and the military are totally separate and the latter’s role is only
to protect the country from outside aggression.

• State police model

calls for the police of the state using military methods to secure public
order

• Quasi- military police model

the state has seized a great deal of control over the police and their
personnel are somewhat interchangeable

• Martial law model

• allows for no separation between the military and the police—in fact, both
are under the same control
Questions?