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1

Peculiarities of Investigating and Disclosing of the Crimes Committed by Organized Criminal Groups in the Republic of Lithuania

100%
Piltoyan A., Kramarenko V.
Internal Security
|
2010
|
vol. 2(2)
113-118
EN
The article analyzes the aspects of applying a modeling method when investigating the crimes committed by organized criminal groups. It shows the perspectives of theoretical elaboration of this topic. Organized criminal activity is a specific type of crime which has both common and peculiar features comparing to traditional crime. Effectiveness of exposure and investigation of crimes committed by organized criminal groups deeply depends on the level of cooperation between an investigator and officers of the criminal investigation department. The legislation of the Republic of Lithuania provides that if a member of a criminal group or community makes a frank confession and actively assists exposure of a crime committed by the criminal group or community not being the main leader and having not committed a premeditated murder, his criminal liability can be condoned. The article scrutinizes a practical experience in creating a model imitating criminal activity on the basis of the legislation of Lithuanian republic. As a conclusion we would like to mention that the main part of criminal cases on organized criminal activity in the Republic of Lithuania is investigated on the basis of materials of “Imitating model of a criminal deed”. The practice shows significantly frequent use of that model which makes the exposure and investigation of similar crimes much more fast and effective. The use of imitating model of a criminal deed increased the detection of such crimes as corruption, which are complex in investigating and substantiation.
2

The Key Witness as an Instrument of the System of Control of Organized Crime in Poland.

100%
Gabriel-Węglowski M.
Internal Security
|
2013
|
vol. 5(2)
127-140
EN
This article is devoted to the characteristics of the Polish model of the institution of key witnesses and the actual experience of its use since its introduction into the Polish legislation in 1998. In addition to organizational measures such as the establishment of the Central Bureau of Investigation of the National Police Headquarters, this has become one of the main instruments of criminal law used to combat the most serious crime, particularly organized crime. The introduction of a formula of absolute discharge for people involved in the offence in exchange for cooperation with law enforcement and justice and the disclosure of other offenders has become a necessity in the face of an explosion of crime after the collapse of communism in 1989 and as a result of the partial ineffectiveness of the existing methods of law enforcement. After a few years, the development of these social ills began to threaten the stability and internal security of the state. But it should be stressed emphatically that under Polish law and the rules of criminal law key witness is no “magic formula” which overturns the regulations, or is it a form of evidence which merits special weight. Polish law does not provide for a legal theory of evidence. The fact that someone is a “Crown” witness has a real, formal importance onlyto his personal situation and the substantive process, and his life (the suspension of criminal proceedings against him and ultimately a release for him from criminal responsibility, as well as the material support of the state and protection from retaliation from other criminals). The key witness is an ordinary witness within the meaning of the term as defined by the importance of his account, while the actual substantive significance of his evidence to the establishment of the truth may only result from the credibility of his evidence combined with the professional approach of all participants in the criminal proceedings and the use of all necessary tools of a fair criminal trial resulting in proper judgment on the merits of the case.
3

Joint Investigation Teams in the European Union

100%
Klimek L.
Internal Security
|
2012
|
vol. 4(1)
63-78
EN
The paper deals with the joint investigation teams in the EU that are considered as a necessary tool to enhance the internal security of the EU. They are the desired instruments for international cooperation of judicial and law enforcement authorities in the fight against organized cross-border crimes as well as a useful tool in facilitating mutual assistance in criminal matters between the Member States of the EU. Joint investigation teams have demonstrated their usefulness in investigating the most serious forms of criminality such as terrorism or drug trafficking. The paper firstly focuses on the development of joint investigation teams and their legal basis at the level of the EU, namely the Convention on mutual assistance in criminal matters between the Member States of the EU and the Framework Decision on joint investigation teams. Further, it introduces the establishment of joint investigation teams. JITs are established on the basis of a written mutual agreement between two or more Member States of the EU. Special attention is focused on national experts of joint investigation teams and the participation of Europol and Eurojust in joint investigation teams. Both Europol and Eurojust were established to support Member States of the EU in the fight against serious organized cross-border crime. Both of them can participate in JITs separately as well as jointly. Moreover, it discusses their implementation in the European Union legal system, as well as common problems.
4

Trafficking in Human Beings as an Extreme Problem in Ukraine

100%
Vasylenko O.
Internal Security
|
2010
|
vol. 2(2)
33-44
EN
Problem of trafficking in people is extremely critical for the Ukrainian society, government and law enforcement. Ukraine is considered as one of the major source countries for trafficking of women and children together with the other Eastern European countries – former Eastern Soviet bloc countries such as Albania, Moldova, Romania, Bulgaria, Russia, Belarus. However, Ukraine is not only a source, but also a transit and destination country for men, women, and children trafficked for various forms of exploitation – forced labour, porno business, donors for the transplantation of tissues and organs, etc. Trafficking in human beings in some cases is controlled by large criminal organizations; however, the majority of trafficking is done by networks of smaller groups, each specializing in a certain area, like recruitment, transportation, advertising, or retail. Therefore, the definitions of this phenomenon, its forms and methods of counteracting, in particular legislative and judicial support, international cooperation are analyzed in the article.The counter-trafficking activities of the law enforcement, governmental and non-governmental organizations involved in combating trafficking in people are presented in the paper. It has been also suggested that the critical situation of trafficking in people in Ukraine requires consolidation of efforts by legislative, law enforcement and judicial bodies, central and local bodies of executive power and bodies of local administration as well as international and non-governmental organizations.
5

Problems Involved in Protecting Participants of Criminal Proceedings in the Investigation of Crimes Committed by Organized Groups

100%
Shepitko V., Shur B.
Internal Security
|
2011
|
vol. 3(1)
233-240
EN
This article reviews the security issues for members of criminal process. The authors believe that the fight against organized crime increases the role of security threats, complicates the state of protection of rights of the individual in criminal proceedings. The article emphasizes that in recent years criminal procedure and criminological literature has paid some attention to problems of securing members of the criminal process. In particular, they considered issues related to the concept and types of security measures, procedural order of making decisions about providing such security, its guarantees, etc. In addition, some attention was also given to consideration of key terms associated with these problems such as: “security”, “danger”, “ensure”, “safety of carriers of evidentiary information”, “object of protection”, “subject of protection”, etc. However, the problem of tactics of ensuring safety of participants of the criminal procedure requires further development and implementation in practice of criminal justice bodies. The authors believe that ensuring security can go beyond the stages of criminal proceedings, protection of certain persons may not be limited to the period of a criminal investigation or trial of criminal cases.The authors present a legislative solution introduced in Ukraine at present. The article presents the results of the survey of investigators and prosecutors of MIA of Ukraine on certain tactics in choosing and applying measures ensuring the safety of participants in criminal proceedings. Tactical originality of elected safety measures was proven.In addition, attention was paid to the specifics of security measures to the participants of the process in the investigation of crimes committed by organized criminal groups.
6

Contemporary Problems of Fighting the Organized Crime and Corruption in the Conditions of World Financial and Economic Crisis

100%
Volcheckaya Т.
Internal Security
|
2010
|
vol. 2(2)
119-126
EN
The article analyzes dynamics of the organized crime in the conditions of world financial and economic crisis in various countries and reveals its basic characteristic features. Nowadays organized crime activities are characterized by an intimate contact between the organized underworld and the representative, executive as well as law-enforcement structures of a country which leads to the situation where the leaders of criminal groups obtain a real opportunity to control the country. According to criminology, one of the main factors having a profound effect on the level of the crime is the state of economy. It investigates a condition of fight against the organized crime in Russia and offers concrete measures and solutions to achieve this purpose. The analysis of foreign law enforcement structure practice shows that in order to eliminate the consequences of crisis the majority of countries have taken the measures against organized crime alongside with economic and financial measures.For instance, in Italy in the last quarter of 2008 a whole series of tactic operations against mafia activities were conducted which resulted in hundreds being arrested. We strongly believe that in Russia during the crisis there is a vital need of creating independent federal body to fight the organized crime and corruption having its own bodies in the regions.
7

Combat Against Legalization of the Income Generated as a Result of Criminal Activities (CIS Data)

100%
Butkevich S.
Internal Security
|
2010
|
vol. 2(1)
29-38
EN
The article studies problematic issues of illegal income legalization or money-laundering which law-enforcement and financial organs in the CIS countries confront. Not only the CIS but the whole civilized world is struggling with legalization (money-laundering) of the income generated as a result of crime activities. According to the International Monetary Fund, the total sum of “dirty” money currently circulating in the world amounts between 500 billion and 1.5 trillion American dollars which conforms due to different estimates 2–5 % of the world gross domestic product. The article studies problems concerning prevention and combating legalization (money-laundering) of the income generated as a result of criminal activities which law-enforcement and financial units come across in the CIS countries. The author focuses on establishing the definition of this socially negative phenomenon which forms an essential part of illegal activities of organized crime.Both common and specific characteristics of the battle against money- and other property laundering generated as a result of criminal activities which are typical for the CIS countries are presented here. Legalization of the income generated as a result of criminal activities (money-laundering) is a component of any criminal activity and an important part of the criminal economical circle. The combat against legalization of the illegal income includes research, exposure and neutralization of the financial component in the activities of organized groups and criminal organizations. Moreover, effective ways of fighting that type of crime are suggested based on analyses of the law currently in force, practical work of financial intelligence units, and scientific research.
8

Criminal Law Determinants for Depriving Offenders of Objects and Benefits Obtained from Crime

100%
Karazniewicz J.
Internal Security
|
2011
|
vol. 3(2)
169-180
EN
Deprive offenders of the benefits they obtained from crime is a particularly important instrument in the system of fight against organized crime. Confiscation of crime obtained assets fulfills important role not only as a form of repression, but also as a factor preventing the development of criminal activities. The Polish Penal Code of 1997 introduced forfeiture, which can be ordered either as a punitive measure or precautionary measure. Its scope specified in Articles 44 and 45 of Polish Penal Code is wide. It includes both the seizure of objects and proceeds from crime. The forfeiture of items can be ordered to the items directly obtained from crime, objects that helped or were designed to help in committing the crime, and objects whose manufacture, possession, trade, transmission, transfer or transport is prohibited. In terms of material profits, mandatory forfeit is ordered for both gains obtained directly from crime, as well as for those which the offender obtained indirectly. Given the difficulties of proof associated with showing that the property belonging to the offender has been obtained in connection with a criminal offence, the Polish legislator decided to introduce legal presumptions relating to the sourcing of property belonging to the offender. The burden of proving that the property belonging to the offender has been obtained by them legally lies with the person concerned. Similar approach is used if the circumstances indicate high probability of transfer by the perpetrator of their assets onto another person, legal entity, or agency without corporate status. In both cases the authorities are exempt from the obligation to prove that the property was obtained illegally, and the burden of proof lies with the perpetrator or any other entity concerned. It seems that such arrangements allow for effective carrying out of the tasks by the state authorities to deprive offenders of crime related property.
9

Transnational Organized Crime — Ten Years of the Palermo Convention

100%
Galicki Z.
Internal Security
|
2010
|
vol. 2(2)
87-102
EN
The Article is connected with the tenth anniversary of the opening for signature of the United Nations Convention against Transnational Organized Crime, known generally as “the Palermo Convention”. It covers the main subtopics presented in the text under the following subtitles: 1) Tenth anniversary of the Convention; 2) Development of the phenomenon; 3) International counter-action – the United Nations; 4) The Palermo Convention and Protocols – main substance; 5) Relationship between the Palermo Convention and its Protocols; 6) Future activities and further instruments of the United Nations; 7) Transnational organized crime and the European Union; 8) Transnational organized crime and international security.The core of legal analysis is contained in the fourth part, presenting the main substance of the Palermo Convention and its Protocols.The last parts of the article are devoted to the short presentation of the main streams of further development of international legal activities connected with the combating transnational organized crime, mainly within the United Nations system and the European Union. In final, the following conclusion summarizes the considerations made by the author: If the international community really wants to find and exercise effective measures against transnational organized crime, it seems inevitable to come, as soon as possible, to the conclusion that these acts are not only contrary to internal criminal laws of individual States, but that they may create a real threat to international peace and security, mostly because of their substantial gravity, organized form and transnational nature.
10

Scientific and Technological Cooperation Aimed at Countering And Fighting Organized Crime and Terrorism in Accelerated and Sustainable Socio-Economic Growth

88%
Kosinski J.
Internal Security
|
2010
|
vol. 2(2)
211-220
EN
Knowledge-based, innovative and sustainable economy is key to a fast socio-economic growth. Criminal activities and especially activities of organized crime groups are an important negative factor that may hamper economic progress. Countering and fighting crime is one of the principal responsibilities of a democratic government. That demands a concentrated effort on working out evaluations, tools and methods as well as adopting a holistic approach, involving in the co-operation a whole spectre of entities. Of paramount importance is the inclusion of private businesses on the platform of the public-private partnership. Engaging private entrepreneurs to contribute and employ innovative technologies to prevent and counter criminal activity provide for raising public confidence and sense of safety. It may also make relations between the State and private business more transparent. Important areas of research related to the internal security issues are also: nuclear energy, responding to the terrorist threat and satisfaction from work among the Police force. The the research and development programme entitled “Countering and fighting organized crime and terrorism in the accelerated and sustainable socio-economic growth” adds to improving co-ordination, co-operation and understanding between the law enforcement, public authorities and the private sector to maintain public safety and the rule of law.
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