Transnational Crime Research Articles

Legislation of forensic DNA analysis in Hungary - past, present and future

Ever since the first application of DNA analysis in criminal casework in 1992, the conditions under which forensic DNA analysis is performed within the Hungarian law have been developed and subsequently approved, in parallel with the establishment of a national database report of forensic DNA. Act XLVII of 2009 (on the Criminal Records System, on the Records of EU Member State Court Rulings against Hungarian Citizens as well as on the Records of Biometric Criminal and Law Enforcement Data) constituted the legal framework for this. Moreover, Act XXIX of 2016 (on Judicial Experts), Act CXII of 2011 (on the Right of Informational Self-Determination and on Freedom of Information), as well as Regulation 12/2016. (V.4.) of the Minister of Interior (on Rules of Taking Fingerprints, Palm prints, Photographs and DNA samples), as well as the Provisions of 31/2008. (XII. 31.) of the Minister of Local Government (on the work of forensic experts, respectively) went on to specify the professional requirements necessary for forensic DNA analysis.The regulations of the EU must also be taken into consideration. Of particular significance, are the escalations undertaken by the EU for the purpose of combating transnational crime as developed in the Prüm Treaty, and, under Council Decision 2008/615/JHA and Council Decision 2008/616/JHA, became ratified into its partial transformation into an EU-wide tool for cooperation. The General Data Protection Regulation (GDPR) has also introduced a new and seemingly far-reaching exemption to the general prohibitive conditions applied to the processing of genetic data. The question of whether, and which kind of, consent is required remains left to other applicable EU and national laws.The aim of this study is to provide an overview on how Hungarian legislation of forensic DNA has changed over the past 27 years, to illustrate the current legal context in addition to providing a conceptual theoretical framework for future legislation, including the rules of forensic DNA typing and legal regulation connected to DNA-databases.

Indonesia Legal Analysis of IUU Fishing And Transnational Organized Fisheries Crimes: Loopholes and Proposed Measures

The fight against illegal fishing by the Ministry of Marine Affairs and Fisheries has taken off. When investigating Illegal, Unreported and Unregulated (IUU) fishing, related transnational crimes activities such as trafficking in persons, slavery and drugs are also uncovered. In spite of the robust efforts and prompt responses, some challenges persist in terms of the inadequacy of legal frameworks governing these problems. Thus, the adequacy of the legal domain is a significant factor in pursuing the Ministry’s mission. The legal framework plays a pivotal role in addressing IUU fishing and transnational organized fisheries crimes and in setting a mechanism to prevent further expansion of these activities. In developing an in-depth analysis of the nexus between IUU fishing and transnational organized crimes, the two dimensions of intertwined national and international legal frameworks need to be examined. This article attempts to examine the existing Indonesian legal framework to combat IUU fishing and fisheries crimes within the context of relevant national and international laws and provide a critical discussion of the interplay between IUU fishing and transnational organized crimes.

Dealing with Organized and Transnational Crime in Kenya: A Multi-Agency Approach

With the end of the Cold-War, global governance has experienced momentous concerns in dealing with crime necessitated by unprecedented openness in trade, travel and communication. This has seen organized and transnational crimes become more diverse and violent, leading to an increased need in multi-agency cooperation. This paper examines the extent of organized and transnational organized crime in Kenya and their effectiveness in a multi-agency security approach. The study adopts a descriptive research design that engages 256 respondents. Findings reveal that government multi-agency security organs were ineffective in their approaches due to a range of variables including corruption and poor enforcement capacity. The study recommends that the government should redesign clear and defined guidelines to manage multi-agency security organs.

Theoretical Foundations of Comparative Criminology in a Global Dimension

Comparative criminology is becoming a topical trend in the modern globalized world. The authors present definitions, methods of comparative criminology, they discuss the organizations and agencies that are involved in comparative criminological research. They also show the relevance of conducting international, regional, continental comparative criminological research. It is believed that the goal of comparative criminology is not just the collection of statistical material in several countries, but rather the development of mutually dependent criminological theories. The goals of research conducted within the framework of comparative criminology are, primarily, the extension of criminological theories beyond cultural and national boundaries, the assessment of the national systems of criminal justice and national criminal policies, as well as the coordination of efforts in counteracting transnational crime. As for the methodology of research within the framework of comparative criminology, the authors describe the use of micro-, macro- and meta-analysis. The topics of comparative criminological research are dictated by globalization. In particular, the following topics are relevant: the legality of the work of law enforcement and criminal justice bodies, human rights and some new forms of crime — with an emphasis on environmental protection, consumer rights, food security, as well as cybercrime. The authors present examples of relevant research in comparative criminology at the global, continental and regional levels. Books in comparative criminology, as well as research journals, are mainly published in English, but national criminology textbooks, as rule, summarize the results of comparative criminological research, so some material in criminology textbooks could, in fact, be categorized as comparative criminology. The authors then describe the problems that hinder the development of comparative criminology in Russia. On the whole, the task of the authors is to present the instruments of comparative criminology to Russian researchers, which could contribute to the development of comparative criminological studies in Russia.

Technology and Wildlife Crime: An Appraisal in India

Technology has proven to be a boon to the world after it has allowed us to virtually visit the diverse ecosystems on Earth. The wildlife diversity in the inaccessible mountain regions, the dense equatorial forests, the treacherous desert environment or the deep oceans is no more a surprise to us. With the world becoming apparently smaller and accessible through technological advancements, transnational crimes have considerably increased. These crimes transcend borders and are difficult to comprehend. Wildlife Crime can be distinctly noted to be on the list of Transnational Crimes which is on the rise on an alarming rate. In India, even after implementation of several laws, wildlife crimes are booming. It is targeting the lives of not only the wildlife but the human beings associated with it. It is therefore important to understand the significance of protection of wildlife. The present doctrinal study seeks to assess the manner in which technology is used as a tool and evaluate the need to adopt better technology to curb wildlife crime in India from government reports taken as primary data.

Augmented Categories Of Proceeds Of Crimes In Relation To Money Laundering In Indonesia

Money laundering is a serious crime that threatens economic gain and national welfare. This crime is closely related with other crimes, which serve as the providers of illicit funds or illegal wealth. This paper will explore the augmented categories of proceeds of crimes that might lead to money laundering. This paper is a normative descriptive one with statute and conceptual approach. Findings of this paper show that categories of proceeds of crime have been augmented over the years, as mentioned in amendment of the law of money laundering. Including to these augmented categories are “forbidden fruits” generated from common crimes, transnational crimes, white-collar crimes, and other crimes committed in Indonesian territory, as well as outside the territory with the Double Criminality principle.

The transnational crime of human trafficking: taking the Canadian human security approach

Dr Maria O’Neill (University of Abertay, Dundee) examines a number of jurisdictional approaches taken to tackle the crime of trafficking in human beings (THB), making comparisons in particular with the approach in Canada.

INDONESIAN LEGAL POLITICAL POLICIES ON IMMIGRATED CRIMINAL ACTION IN THE ERADICATION AND PREVENTION OF PERSONAL TRADE ACT: NORMATIVE –EMPIRIC AXIOLOGY

Transnational crime has great potential in Indonesia, which is a developing country. Transnational crime is not only driven by free trade factors or weak law enforcement in Indonesia, but also by Indonesia's geographical area itself. In the midst of the nation's problems that are happening today are very much and require serious attention, one of the things that is of serious concern is People smuggling or human smuggling. This research is a normative legal research used in an effort to analyze legal materials by referring to legal norms set forth in statutory regulations. The results of the research show about how the criminal act of human smuggling is regulated in positive law in Indonesia and how the criminal responsibility for those who commit human smuggling crimes. From the research results, it can be concluded that the international community, including Indonesia, views people smuggling as a transnational organized crime that can threaten state security. The crime of human smuggling is regulated in the Immigration Law Number 6 of 2011. Criminal Liability for the Crime of People Smuggling is in accordance with Law Number 6 of 2011 Article 120.

JURIDICIAL REVIEW OF THE FOREIGNERS INVOLVED IN CRIMINAL ACTIONS OF PEOPLE SMUGGLING AND TAKE COVER BEHIND THE RIGHTS


 
 This paper provides an understanding of the aspects that need to be considered in handling people smuggling in Indonesia. Indonesia became a country that ratified the UN Convention against transnational crime in 2000. One of the articles that regulates migrants who are considered victims of smuggling cannot be subject to criminal responsibility. So that some examples of people smuggling cases that have occurred in Indonesia, the foreigners involved are considered victims and can feel safe from criminal sanctions. Not a few of them are applying for refugee status to be able to remain in Indonesian territory. This seems to legitimize the entry of illegal immigrants into Indonesian territory, because as is well known, in general, their entry into Indonesian territory is not accompanied by legal documents and does not go through immigration checks. Although Indonesia is a country that has not ratified the Refugee Convention, the issuance of Perpres 125 of 2016 is a gap for these immigrants to get asylum rights in Indonesia. In addition, several factors underlying the occurrence of criminal people smuggling will also be discussed in this paper.
 
 

Criminal Intimacies: Psycho-Sexual Spatialities of Jamaican Transnational Crime in Garfield Ellis’s Till I’m Laid to Rest

How might we understand the sexual body as a significant site for tracing the spatial imaginaries of Jamaican transnational crime? Garfield Ellis’s novel of transnational crime Till I’m Laid to Rest tracks the extended terrain of Jamaica’s criminal activity beyond the inner-city scenes and the shores of Jamaica to Miami, USA, dubbed Kingston 21. In so doing, Ellis is less interested in the macro-spatialities of the geographical landscape of crime, and more interested in the micro-spaces of intimacies which engender criminal activity. In reading criminal intimacies in this novel, I draw connections between work on “postcolonial,” “proximate,” “homosocial” and “monstruous” intimacies. While smaller material sites such as the car, the vault and briefcases and bags of money work as motifs of criminality in Ellis’s novel, the major geographical sites of Sufferer’s Heights and the cityscapes of Miami are shrouded in secrecy, while the criminal enterprise is primarily registered in the sonic spaces of ghetto-grapevine gossip. By turning attention to the emotional geographies of these novels, this essay mines rapes and coerced intimacies as well as homosocial friendships and romantic intimacies as a way of mapping the psycho-sexual dimension of Jamaican transnational crime.

Human trafficking – Multinational challenge for forensic science

Human trafficking is one of the fastest growing and profitable types of transnational crime. This form of modern-day slavery encompasses diverse practices of human exploitation such as sex trafficking, forced labor, marriage, begging, child soldiers, and illegal organ transplantation. The consequences of human trafficking affect all countries, are devastating for victims and society while impacting social, economic, and health costs.The project led by the University of North Texas Center for Human Identification (UNTCHI) is assisting Central American countries to identify the missing and address human trafficking by developing model legislation and policy, effective DNA forensic science capabilities and creating database systems. The focus for human identification is on at-risk individuals who are the most vulnerable part of society. This program engages the public and government to establish legislative models for DNA identification of missing persons that protect the privacy of individuals.The State of Texas recently provided support for UNTCHI to develop programs that address the human trafficking problem in Texas. The program will concentrate on training law enforcement agencies, healthcare professionals, students, and the public to recognize the signs of human trafficking and provide avenues of interdiction for victims. Additionally, as part of this effort a standalone humanitarian DNA database, which is established and managed by UNTCHI, has been implemented to enhance identification of missing persons, especially those who have crossed the border or may have been trafficked and died during their journey. As a standalone database, the system is not connected to the State DNA Index System (SDIS) or the National DNA Index System (NDIS) and thus not accessible by law enforcement. With this database, reference DNA profiles can be obtained from Central American countries and Mexico to identify human remains found in Texas while maintaining confidentiality and human rights.This work is an example of an effective means of transferring forensics, technology, and database practices, establishing policy and legislation, engaging the public, and developing strategies for sustainability for high incident countries. Ultimately the approach can promote a multinational exchange of DNA data to identify the missing.

Defense strategy at sea handling of Transnational Organized Crime (TNOC) in Nunukan Indonesia’s national sea border

The development of the global and regional strategic environment has an impact on the development of the national strategic environment. The Territory of the Republic of Indonesia (NKRI) region which is a world crossing position is the world’s maritime axis where the flow of world transportation and world telecommunications is passed. The negative impact that is felt at this time is the tip of increasing the number of transnational organized crime (TNOC) that occurred in the NKRI. So it is necessary to do research on how the implementation of handling transnational crime at this time, especially in locations that are factual or potential occur such as in the waters of Nunukan-North Kalimantan Province, Indonesia which is directly adjacent to the City of Tawau-District Sabah, Malaysia. From the conditions of implementation of the handling it can be found the root of the problem so that a strategy can be formulated to improve the handling of transnational crime in the territorial waters of the Republic of Indonesia with other countries.

Criminological Characteristics of Organized Environmental Crime in the Russian Federation

Throughout the world, modern environmental crime is characterized by the emergence of new forms of criminal behavior, improving ways of committing crimes and steadily increasing participation of organized criminal groups and communities in their commission. Nowadays, organized environmental crime along with environmental terrorism constitute a significant security threat. The distinctive features of organized environmental crime include: longevity and stability of a criminal organization, which in most cases effectively manages a complex of criminal activities from the organizational and economic point of view, and also has the ability to minimize the risks arising in this connection, long-term planning of activities, involving individuals and commercial structures, building criminal networks. Another characteristic feature is its focus on the market (including the illegal one). The organized groups often engage in criminal activities in various areas, committing environmental and economic and other types of crimes, while the corruption component is an integral feature of them. Organized transnational environmental crime carries out its activities in such key areas as illegal trade in rare and endangered species of wild fauna and flora and their derivatives, illegal logging and trade in illegal timber, illegal turnover of waste including illegal transportation, storage, discharge and burial, transboundary movement of hazardous waste, illegal fishing. Law enforcement and law enforcement agencies of various states pooling their efforts to curb ecologically criminal behavior, neutralizing all stages of the crime: planning, illegal extraction of resources, transportation, marketing, laundering of proceeds from crime play an important role in combating organized environmental crime. Eliminating the economic basis of the activities of criminal groups, reducing their profitability, is the key to success in combating it. Improvement of international legislation for development will create an integrated system of measures to counteract organized environmental crime at the level of individual states and ensure unification of national legislative systems in terms of terminology, compositions, and sanctions applied for the commission of environmental crimes by organized groups.

Yemen: Civil War or Transnational Crime?

The ongoing war in Yemen, which has already displaced millions of people, possesses some typical traits that suggest its inclusion among the deadly conflicts known as “civil wars.” This article will review briefly the components that characterize these types of conflicts and, after providing a summary of recent events, will attempt to identify the aspects that render the conflict in Yemen an anomalous civil war. It will be contended that, given the anomalies observed, the war in Yemen can also be described as a form of transnational crime.

Insider Trading and Money Laundering in the Perspective of Transnational Crime

In this paper, the main topic concerns the arrangement of insider trading and money laundering in the perspective of transnational crime. The discussion uses the theory of legal protection which is divided into two: Preventive Legal Protection and Repressive Legal Protection. The study found that normatively, insider trading does not include other forms of money laundering crime as stipulated in Article 2 paragraph (1) of the Criminal Act of Money Laundering law (TPPU Law), but the article regulates one of the criminal acts in the Capital Market sector. Therefore, even though it is not explained in detail as a form of capital market crime, insider trading is one of the criminal acts in the capital market and categorized as predicate crime. Referring to the theory of legal protection, the application of POJK 12/POJK.01/2017, which is aimed at the activities of the financial services sector through risk-based approaches that adopt international standards as recommended by the Financial Action Task Force on Money Laundering (FATF), can be said to have a spirit of preventive legal protection. Furthermore, Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, is more influenced by repressive legal protection. Keywords: Insider Trading, Money Laundering, Transnational Crime DOI : 10.7176/JLPG/89-08 Publication date :September 30 th 2019

Reality matters: Transnational realist crime film and television in Spain

This article argues that contemporary Spanish crime film and television has adapted to an economic crisis and has embraced a transnational crime film and television ‘realism’, introspection and pathos that reconciles commercial success with the cultural need to address Spain’s recent history. El niño/The Kid (Monzón, 2014), La isla mínima/Marshland (Rodríguez, 2014), El Príncipe/The Prince (Telecinco, 2014–16) and Mar de plástico/Sea of Plastic (Antena 3, 2015–16) represent an attempt to reach out to audiences by gaining international recognition for Spanish audio-visual productions and honouring local issues and spaces. Their diverse configurations point to the country’s ambiguity about its historical legacy and suggest the emergence of a new, gentler version of Spanish nationalism.

Geostrategic Visions on the South Atlantic: Brazil and Colombia, a Comparative Approach

<p><strong>[Visiones geoestratégicas del Atlántico Sur: Brasil y Colombia, un enfoque comparativo]</strong></p><p><strong>ABSTRACT</strong></p><p>This article seeks to analyze the different approaches that Brazil and Colombia have had to date on the geostrategic importance of the South Atlantic, emphasizing the differences that the ocean has had for their respective conceptions of nation and their insertion in the South American region. It argues and concludes that while Brazil seeks leadership in South America by emphasizing its role as promoter of an integral autonomizing2 conception that articulates development, defense and regional security, Colombia prioritizes its role as a reference in the fight against transnational crime, positioning itself as a Middle Oceanic Power.</p><p><strong>RESUMEN</strong></p><p>Este artículo busca analizar los diferentes enfoques que Brasil y Colombia han tenido hasta la fecha sobre la importancia geoestratégica del Atlántico Sur, destacando las diferencias que ha tenido el océano para su respectiva concepción del país y su inserción en la región de América del Sur. Se argumenta y concluye que mientras Brasil busca el liderazgo en esta zona a través de un énfasis en su papel como promotor de una concepción autónoma integral para el Atlántico Sur que articula el desarrollo, la defensa y la seguridad regional, Colombia a su vez prioriza su papel en la región como referencia en la lucha contra la delincuencia transnacional, posicionándose como una potencia oceánica media.</p>

Constructing Suspicion Through Forensic DNA Databases in the EU. The Views of the Prüm Professionals

AbstractThis article explores the fluid and flexible forms of constructing suspicion, which take shape in transnational governance of crime through forensic DNA databases. The empirical examples are the views of professionals engaged with the so-called Prüm system. This technological identification system was developed to enable DNA data exchange across EU Member States in the context of police and judicial cooperation to control cross-border crime and terrorism. We argue that suspicion is constructed through forms of deterritorializing and reterritorializing assumptions about criminality linked to the movements of suspect communities across the European Union. Transnational crime management is configured through narratives of global expansion of criminal mobility, technical neutrality of DNA identification and the reliance on criminal categorizations of particular national populations.

Methods for countering the transnational crime in Russia

Methods for countering the transnational crime in Russia

Rural-urban dynamics in the UK illegal puppy trade: Trafficking and trade in 'man's best friend'

Recently, much attention has been given to the presence and increase of transnational crime, particularly focusing on online illicit markets. A seldom-explored aspect of transnational online illicit markets is the rural to urban flow of the illicit goods. This paper details research on the UK puppy trade, documenting the movement of puppies reared in irresponsible and/or illegal conditions in rural locations and then advertised online for the urban market. Through analysis of online advertisements in Scotland and expert interviews, a stakeholder survey, and focus groups across Great Britain, we document the rural-urban dynamic of an overlooked transnational illicit market, a market facilitated by neo-liberalism and speciesism. While estimates on the value of the trade are problematic, the snapshot of online sales in Scotland alone suggests a marketplace with an annual value of at least £13 million (17,680 puppies). The cost of animal suffering associated with this trade is incalculable. Awareness must be raised and regulatory enforcement improved to reduce suffering and stop transnational criminals from profiting. This rural-urban dynamic presents a global challenge and demands an international response.