Transnational Crime Research Articles

Expanding Mental Models in Intelligence Through Diverse Perspectives

Intelligence organizations need a workforce that draws on a variety of perspectives, as do other types of organizations. The U.S. Intelligence Community (IC) was created to address the conflict situations of the last century. The early workforce reflected the requirements of that time; it had strong ties to the military, was of primarily European heritage, Judeo-Christian morality, was righteous about democracy, and mostly male. Today’s security problems extend well beyond situations of state conflict, to include transnational crime, crises of the natural environment, and other fluid issues that defy the previous expectations. National security intelligence workforces must be both knowledgeable and agile. This combination of knowledge and mental agility is, paradoxically, difficult to achieve. The heritage of the IC created modes of thinking that are at odds with the current need to imaginatively consider interconnected factors and various perspectives. The IC is stymied by its own culture, structures, processes, policies, and thinking patterns. Increased inclusion of diverse points of view will better enable assessment of complex, dynamic global issues. This article discusses mental frameworks as they affect intelligence work, drawing conclusions about the value of diversity in an intelligence and national security workforce.

Enforcing the ‘Community Interest’ in Combating Transnational Crimes: The Potential for Public Interest Litigation

Transnational criminal law treaties could give rise to public interest litigation concerning the breach of an obligation erga omnes partes, meaning an obligation owed by one state party to all other states parties. This article aims to contribute to scholarship on the subject of erga omnes or ‘community interest’ norms by exploring the potential for international litigation concerning non-compliance with obligations under two transnational criminal law treaties in particular: the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption. Transnational criminal law treaties have been overlooked in the existing literature on community interest norms, even though states parties have a common interest in ensuring compliance with the obligations assumed under these instruments, and the treaties have the potential, at least in theory, to give rise to public interest litigation. International courts and tribunals, as well as scholars, can and ought to engage in deeper analyses of what constitutes an obligation erga omnes partes under a multilateral treaty.

Maritime Transnational Crime: An Analysis of Coastal Tamil Nadu

Maritime Transnational Crimes are common in port cities, mostly covering crimes such as smuggling goods; illegal wildlife trade (IWT) in shipment of both flora and fauna species like pangolin meat and red sanders; smuggling of endangered marine species like sea cucumber, turtles, seahorse, shark fins, etc.; smuggling explosives in vessels and containers, illegal activities like trafficking- humans (International Maritime Broder Line- IMBL violations cases), drugs, arms and ammunitions, piracy (robbery), illegal logistics services (migrant smuggling) are also, rampant. Tamil Nadu is the second largest coastal state in peninsular India, with 13 coastal districts covering 1076 kms which shares international maritime border with South and Southeast Asian countries like Sri Lanka and Maldives. The state and central government of India in order to secure the maritime border and to prevent these crimes have engaged law enforcement agencies such as Forest Department, Wildlife Crime Control Bureau (WCCB), Directorate of Intelligence (DRI), Customs Officials (CO), Coastal Security Group (CSG) - Marine Police, Indian Coast Guard (ICG) and Indian Navy. Simultaneously, the coastal communities are ushered and play a vital role in preventing Maritime Transnational Crimes in the international maritime boundaries and sea shores. Though, these attempts are effective still the transnational maritime crimes are increasing day by day in the coastal Tamil Nadu. This paper attempts to highlight the Maritime Transnational Crimes and smuggling activities in coastal Tamil Nadu and the role of coastal community in coastal security. This paper is an empirical study of descriptive nature with qualitative approach

Legalization «laundering» of funds obtained by criminal route as one of the types of economic transnational crimes

The article considers one of the types of transnational economic crimes - legalization (laundering) of proceeds from crime. Emphasis is placed on the fact that the legalization (laundering) of proceeds from crime is a predicate offense, because it is not characteristic of any one type of organized crime, but for a very wide range of transnational crimes, because the vast majority of them are for profit and criminally acquired assets. In this regard, the process of investigating and providing legal assistance in the investigation of such economic transnational crimes has a number of features and obstacles.
 The need for an appropriate legal framework for international cooperation in the fight against money laundering (laundering) is indicated.
 Three main stages of legalization (laundering) of criminal proceeds as one of the economic transnational crimes have been identified and analyzed. Thus, the first stage of such illegal actions is: placement of cash in the normal circulation of money (the process of penetration of proceeds from crime into the economic system, which aims to free the holder of a large sum of funds from cash and its placement in national or foreign currency in cash turnover, for the next stage). The second stage of legalization (laundering) of proceeds from crime is camouflage (hiding traces and ways of spreading) or cash circulation, which includes a number of financial transactions aimed at concealing the source of money. The third stage is defined as integration (return and legalization of «laundered» money), full entry of funds into the legal economic system, where they can be used for any purpose.
 It is emphasized that in the process of legalization (laundering) of proceeds from crime, there are certain periods (or «bottlenecks»), during which the risk of detecting such illegal activities increases significantly. Even with the large number of options, methods and forms of money laundering, such periods cannot always be avoided, which significantly increases the risk of detection of such illegal activities by financial intelligence units or other competent authorities. Such periods include: the process of receiving cash into the financial system; movement of cash flows across the state border; transfers within the financial system and at the exit from the financial system. Given this, in order to ensure the successful functioning of the entire system of legalization (laundering) of proceeds from crime, this process is usually performed by persons who are professionally engaged in management procedures for investing legalized proceeds in legal real estate and other assets.
 It is noted that effective counteraction to the process of legalization (laundering) of proceeds from crime is impossible without the legal settlement of international cooperation in the investigation and collection of evidence of such economic transnational crimes.

Kerjasama Kepolisian Daerah Kalimantan Barat Dan Polis Diraja Malaysia (PDRM) Kontinjen Sarawak Dalam Pemberantasan Kejahatan Transnasional Di Wilayah Perbatasan

This article presents the international cooperation between Regional Police of West Kalimantan and Polis Diraja Malaysia Kontinjen Sarawak (PDRM) in eradicating transnational crime in the border region. The purpose of this research is to know the reason or the driving factor of Regional Police of West Kalimantan estabilished close cooperation on cross-border crime eradication (transnational crime). Researcher found that cooperation for the eradication of transnational crime effected by increasing cross-border crime in the region of West Kalimantan had threatened the safety and order of society. Descriptive-qualitative research methods are used through library research and interviews (indepth interview). From the results of the analysis using the theory of international cooperation K.J. Holsti there are internal factors and ekternal are (1) to enhance the capacity of law enforcement agencies, (2) avoiding the transfer of the burden and responsibility, (3) meet the needs of the exchange of information and handling in konprehensif, (4) Recognizing that transnational crime is a form of shared security threats, (5) the issue of transnational crime has already threatened the safety and order of society, stability and security of the State, (6) combat entry of transnational crime by road area of the border. Through this partnership, Regional Police of West Kalimantan continue to increase prevention efforts and commitment to the eradication of transnational crime in the region of his authority.

Constructing a transnational crime: pesticide smuggling in Brazil

Constructing a transnational crime: pesticide smuggling in Brazil

OVERCOMING TERRORISM THREATS IN AIR FORCE BASE : CASE STUDY OF HALIM PERDANAKUSUMA AIR FORCE BASE

ABSTRACT: Terrorism is one form of transnational crime and is very threatening tranquility and peace. In Indonesia, terrorism crimes often occur and consume victims that are not small in number from their own citizens or from foreign nationals. The purpose of the study "Overcoming Terrorism Threats at Air Base: Study of terrorism threat prevention cases at Halim Perdanakusuma Air Base" is to describe and analyze the handling of terrorism threats at the Base Air both in terms of policy and technical. The indicators used in this study are the ability of the Air Base and Halim Perdanakusuma Airport to be viewed from aspects of human resources, infrastructure, operations, supervision and equipment. The informants in this study were Air Base personnel, Angkasa Pura and officials in the Halim Perdanakusuma Air Base area. The research data is preceded by collecting secondary data and then followed by interviews and observation methods. Based on the results of the research carried out, it was obtained the results that counterterrorism at Halim Perdanakusuma Air Base was seen from the aspect of human resources, infrastructure, operations, supervision and equipment was still not optimal. So it needs a method that is solved in an innovative idea where it will indirectly provide input in improving terrorism threat control at Halim Perdanakusuma Air Base and Halim Perdanakusuma Airport.

Legal regulations of national registers of human biological data

The article is devoted to issues related to the formation of information databases used to identify individuals and identify those involved in crimes. Fingerprint and DNA identification are increasingly used both at the national level and within the framework of international cooperation in criminal proceedings. The United Nations has called for new scientific approaches to be used in criminal investigations. However, the creation of national registers (collection, accumulation, storage, transfer to other states on request) requires adequate legal support, which allows to strike a balance between ensuring the security of society and the state from criminal encroachment and human rights standards. In Ukraine, there is currently no proper legal regulation of the functioning of national fingerprint registers, genetic profiles, etc. In Ukraine, there is currently no proper legal regulation of the functioning of national fingerprint registers, genetic profiles, etc. In accordance with international standards and proper cooperation in the fight against transnational crime, in particular, the following databases should be created. The registered draft Law of Ukraine “On State Registration of Human Genomic Information” needs to be analyzed in detail, taking into account the experience of other states and the practice of the European Court of Human Rights. Ukraine has a number of databases that are regulated differently. Fingerprints are digitized in the case of obtaining a passport of a citizen of Ukraine for travel abroad, and if desired, for a domestic passport, which is regulated by law. At the same time, there is a database of fingerprints, the procedure for its creation and use is regulated by an order of the Ministry of Internal Affairs, which directly contradicts the position of the ECtHR (this should be a law or government document); the grounds for the selection of traces must be clearly defined (the current order stipulates that the Ministry of Internal Affairs may expand the list of crimes by its decision); it is necessary to provide a method of independent verification of the grounds for storage of biological traces, which is not currently provided in Ukraine. The concept of biological traces must be defined in accordance with the position of the ECtHR, according to which DNA, fingerprints and voice are as follows. It is expedient to adopt a law regulating the creation of the National Database of Human Biological Traces and not to leave the fingerprint database out of the legal field.

Criminological Study on Criminal Activities Human Trafficking in the Nusa Tenggara Timur Region (NTT), Indonesia

The rise of trafficking of women and children in the Nusa Tenggara Timur region, Indonesia. Research method, descriptive qualitative, consisting of primary data obtained through field studies using interview techniques, secondary data from literature. The results research of criminological on human trafficking are transnational crimes that have come to the attention of countries in the world. This crime is caused by the factors of poverty, low education, difficult employment opportunities, culture in society. According to human trafficking data from 2012 to 2016 there were 643 cases, consisting of 263 cases of labor, 310 cases of sexual abuse, 65 cases of default and 5 cases of selling babies. And as many as 754 victims, consisting of 418 adult women, 218 girls, 115 adult men and 3 boys. This prevention must begin with the inculcation of moral values and character in children, where this task is carried out by families such as parents at home and teachers at school. The Indonesian National Police as a guardian of security and order in society can make efforts to instill awareness about the dangers of crime in human trafficking.

Study of Criminal Psychology in Indonesian Literature

This criminal psychology research aims to explore the criminal behavior contained in modern Indonesian literature. This is based on the fact that literature is considered as a creative work that represents elements of criminal behavior that can be viewed from the perspective of criminal psychology. The research method used was qualitative by referring to the interpretation of the text in depth. The data used in the study were literary texts which represent criminal behavior. Data analysis techniques were carried out through the stages of identification, classification, reduction, analysis, exposure, and verification. The result showed that criminal behavior in Indonesian literature is related to corruption, sexual crime, and transnational crime.

The Current State of Transnational Organized Crime

The paper indicates that criminal groups may differ in terms of size, the scope of operations, types of activities, territorial range, relations with authorities and management, internal organization, and the set of means and methods used to promote their criminal activities and to guard against measures taken by the Government and law enforcement bodies. When national, historical, and cultural differences are taken into account, the diversity of criminal organizations becomes even more evident, while prevention and suppression pose even greater challenges for law enforcement agencies, especially in countries where these organizations are active in their illegal activities. The study is aimed at analyzing national-level legislative measures that may be efficient about one type of organized criminal group, but may not be appropriate for other types. To solve the problems formulated, a complex methodology will be required, combining empirical studies of specific facts and a fundamental theoretical understanding of the conceptual foundations of the problem posed. The results of the analysis made it possible to theoretically substantiate the increased social danger of transnational organized criminal groups, which entails the adoption of appropriate legislative measures. Identifying the latency level of transnational crimes will make it possible to assess the efficiency of the existing sets of measures against it, as well as to formulate recommendations on improving the system of legislative measures to prevent the activities of transnational criminal organizations. A gap in the study can be attributed to the insufficient amount of statistical information on the analyzed crime. The novelty of the research lies in the comprehensive analysis of the current state of transnational organized crime.

The Foreignizing Crime Novel: Anatomy of a Publishing Phenomenon

AbstractOne of the most important trends in contemporary crime fiction is the proliferation and commercial success of crime novels written in English but set in foreign places and featuring foreign detectives—that is, the rise of the foreignizing crime novel. In spite of its prominence in the marketplace, the foreignizing crime novel has so far not been subjected to detailed analysis and has not been recognized as a distinctive crime fiction subgenre defined by its specific form of transnationalism. With the aim of addressing this knowledge gap, this essay offers a critical analysis of the foreignizing crime novel in four steps. Following a definitional discussion of the various contemporary forms of transnational crime fiction (1), it outlines the results of a mapping exercise that shows the distribution of “target” countries in primarily British and American foreignizing crime fiction; the purpose of this mapping is to provide an overview of the format and gain a preliminary understanding of its underlying logics (2). The next step is an analysis of textual characteristics (3). Despite being underappreciated and sometimes reviled by critics, the foreignizing crime novel is in fact, as this analysis shows, a complex narrative form that embodies some of the key questions of contemporary crime fiction research—questions about, for example, the role of place; the relationship between the local, the national, and the global; and the transnational horizon of contemporary crime writing. By way of conclusion, the essay argues that the foreignizing crime novel occupies a paradoxical position between two opposite valences: it is at the same time an instance of cultural appropriation and a genuine and distinctive form of world literature (4).

A New Mindset on Customs Cooperation in the Asia-Pacific Region

Customs cooperation is vital in today’s era of digitalised supply chains, new technologies and accelerating scale and speed of goods movement. Customs administrations must adapt to the expanding globalised economy and work together to achieve economic development and prosperity. In recent years, the World Customs Organization (WCO) has facilitated significant international platforms for customs cooperation and several bilateral and multilateral agreements have been signed between customs authorities to motivate regional integration and trade facilitation. This paper focuses on customs cooperation in the Asia-Pacific region by examining several case studies on successful cooperation and analysing barriers to cooperation. This article contends that customs administrations must change their mindset from ‘unwilling to share’ to ‘responsibility to provide’ to combat increasing transnational crime threats and protect consumer health and national security.

Pertimbangan Hakim Atas Pencurian dengan Modus Carding Berdasarkan Pasal 362 KUHP Jo. Undang–undang Nomor 19 Tahun 2016 Atas Perubahan Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik

This journal discusses the consideration of judges in deciding a crime of one of the Cyber ​​Crime crimes namely Carding. Especially in the case of regulating the Carding crime, the factors of the perpetrators committing the Caeding crime, as well as the consideration of the judge in giving a verdict on the Carding crime. research conducted by studying and examining library legal materials, data collection is done by examining secondary data using primary legal data in the form of a court decision. As well as secondary data. Carding is a crime that is fairly new in Cyber ​​Crime which is a transnational crime but occupies the highest position in Indonesia compared to other Cyber ​​Crime crimes. there is no specific regulation or regulation regarding the crime of Carding despite the existence of Law Number 11 of 2018 as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions and the application of Articles of the Criminal Code but are deemed inappropriate. Law enforcers often have difficulty in overcoming and mismatch in upholding in preventing Carding cases, especially judges to uphold justice which is actually proven or not proven by a defendant committing a crime based on the judge's decision.
 Keywords: Carding Criminal Acts, Judge Considerations

From Family to Franchise? Friendship, Individualism, and the Marketization of the Colombian Youth Gang

Abstract The surge of transnational illicit economies has led to important transformations in gang structures and cultures. From locally-bound, solidarity-driven institutions, gangs have morphed into globally-connected, market-driven ones. But how has this change affected the way young gang members relate to each other? This paper explores this question in the particular case of Medellín (Colombia), based on long-term ethnographic fieldwork with adolescents working at the low ends of narco-gangs. It traces the evolution of gangs from the 1970s galladas – peer groups of kids who sought to support each other – to today’s pandillas – ruthless and profit-driven groups that operate as the local franchises of larger criminal organizations. The paper argues that the co-optation of youth gangs by transnational organized crime has drastically reduced the sense of protection, inclusion, and belonging that gangs provide to their youngest members. It has also hampered the role of gangs as institutions of cultural resistance and critique.

"ВОПРОСЫ АНАЛИЗА СОЦИАЛЬНО-ПРАВОВЫХ ФАКТОРОВ ЛЕГАЛИЗАЦИИ ПРЕСТУПНЫХ ДОХОДОВ"

The article analyzes the general concept of money laundering. The article analyzes the general concept of money laundering. All over the world, the international community, including the United Nations, recognizes the legalization of proceeds from crime as one of the most widespread and dangerous transnational crimes. The growing danger of the legalization of criminal proceeds in the modern world is of concern to the vast majority of countries in the world community. According to experts, “in recent years, the proceeds from various kinds of crimes in the field of money laundering have been from 2 to 5% of the total world gross product, that is, from 1 to 3 trillion US dollars”. With the globalization of the world financial system, the question arises of the need to coordinate the efforts of states to combat money laundering at the international level. In the world, special importance is attached to the fight against crime, the imposition of sentences by the courts for crimes committed in accordance with the principle of justice, and the liberalization of criminal legislation. Thus, special attention is paid to conduct research in the field of determining responsibility for the legalization of proceeds from crime and preventing the causes and conditions that contribute to its occurrence, the correct qualification of this crime, and strengthening the implementation of international standards in this area in national legislation.

International legal cooperation of the prosecutors bodies against corruption

"The article focuses on the issues of international cooperation of the Prosecutors’ Office on provision of legal assistance in criminal matters, such as corruption. Besides that, the article is dedicated to the matters concerning the cooperation Prosecutors’ Office in terms of fighting against crime within the regional scope of international organizations. The author of this scientific article revealed the essence and main directions of international cooperation of the Prosecutors’ Office of the Republic of Uzbekistan to combat transnational crime and corruption in the context of digital globalization and the integration of the world community. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature"

SOME ISSUES OF INTERNATIONAL LEGAL COOPERATION IN COMBAT AGAINST CORRUPTION

The article focuses on the issues of international cooperation of the Prosecutors’ Office on the provision of legal assistance in criminal matters, such as corruption. Besides that, the article is dedicated to the matters concerning the cooperation Prosecutors’ Office in terms of fighting against crime within the regional scope of international organizations. The author of this scientific article revealed the essence and main directions of international cooperation of the Prosecutors’ Office of the Republic of Uzbekistan to combat transnational crime and corruption in the context of digital globalization and the integration of the world community. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature.

Transnational drug trafficking in Southeast Asia: identifying national limitations to look for regional changes

Over its fifty years of established existence beginning in 1967, the Association of Southeast Asian Nations (ASEAN) has expounded its consolidated and integrated model in political relations, economic developments, and cultural values. However, confronted by threats to global security, ASEAN has also faced the complex impacts of transnational narcotics trafficking (TransNT). The study uses grey literature as secondary data to illustrate the current situations of TransNT in Southeast Asia by way of examining drug trafficking starting from the original countries (Myanmar) through the transit points (Vietnam) to final destination countries (Malaysia). Besides reviewing more than four decades of collaboration, the paper analyses ASEAN’s milestones in building its cooperative mechanism and assesses its institutional framework for combatting TransNT with specific initiatives. The study notes the main barriers and practical challenges that constrain the process of regional cooperation. Some brief recommendations are also suggested for further research in the near future to enhance regional cooperation in combatting transnational crimes.

Features of the criminalistic characteristics of economic transnational crimes committed with the use of modern computer technologies

The article discusses the concepts and structure of the forensic characteristics of economic transnational crimes committed using modern computer technologies. It is noted that with the help of forensic characteristics in the investigation of transnational crimes, it is possible to: develop effective methods of investigation; construction of programs, versions and investigation algorithm; determination of directions and forms of interaction between the competent authorities of the interested states during the investigation; drawing up a complete and clear request for international legal assistance, taking into account all the characteristics of crimes of a certain category. The structural elements of the forensic characteristics of economic, transnational crimes include: the subject and setting of the crime, the personality (persons) of the criminal.
 There are two groups of objects of criminal encroachment: the main (referred to the category of object-related economic crimes); subordinates (referred to as the subjects of crimes in the field of the use of computer technology). Therefore, the subjects of economic transnational crimes committed with the use of modern computer technologies include: computer information; documents for the transfer of funds; various means of access to bank accounts, etc. The material carriers of such items of this category of crimes are: payment order, bank check, plastic payment card of any kind, identification card.
 It is noted that the peculiarities of the situation of economic transnational crimes committed with the use of modern computer technology, it is appropriate to consider the scheme: material, technical, spatial, temporal and socio-psychological circumstances of the crime.
 It is stated that crimes of this category are usually committed by persons who have a high intellectual and professional level. There are three groups of people who commit economic transnational crimes using computer technology. However, in a more detailed consideration of the characteristics of persons who committed crimes of this category, it is proposed to study them according to the scheme: 1) general features of the offender who committed economic transnational crime, using computer technology and 2) crimes, taking into account the distribution of roles in an organized criminal group.
 Given that the forensic characterization of transnational economic crimes committed with the use of modern computer technology is somewhat complex, it requires in-depth theoretical research in various scientific categories - legal, economic, informational and international.