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CONCEPTS AND NATURE OF ORGANIZED

CRIME INVESTIGATION

Reporter : Jel Mejia


Organized Crime This may be in response to the
Investigation, along with demand of situation that our society
Comparative Police faces. It may be high time for us to
System, is a relatively new educate ourselves with their
subject in the program BS concepts. However, though it was
Criminology and the offered that year, the first batch of
Licensure Examination for questions coming from these
Criminologists. It dates its subjects were thrown to examinees
beginning way back 2006 of the August 2010 Licensure
when these subjects were Examination. This had put several
formally offered as examinees and even
mandated by CHED instructors/professors and
Memorandum Order 21 administrators of all criminology
series of 2005. schools nationwide into surprise
thereby urging them to include the
Organized crime is
yet to attain a
Defining universally
accepted and
Organized applicable
Crime definition as
situation in one
country greatly
varies from
another country.
However, the United Nations
Convention against Hence, acts perpetrated
Transitional Crimes has this by a group described
to say: above with primary
“Organized Crime Group
purpose of economic
(OCG) is a structured group
gain are said to be an
of three or more persons
organized crime. The
existing for a period of time
Organized Crime Control
and acting in concert with
the aim of committing one Act (U.S. 1970) defines
or more serious crimes or organized crimes as “the
offenses (as established unlawful activities of a
pursuant to the said highly organized,
Convention), in order to disciplined association.
obtain, directly, or indirectly,
Philippine law enforcement agencies give this
definition:
Organized Crime Group is a profit motivated and
highly capable group of persons or an enterprise
organized to undertake widespread, regular or long
term, large scale, high – profile and diversified criminal
activities that have high – impact on the economy and
The latter national
definition, in effect, covers wide range of
security.
groups and may include terrorist groups that threaten
the security of the state. Nevertheless, a common
denominator exists among these groups as can be
deduced from the various definitions, - that is their
common objective to acquire “dirty money” through a
premeditated criminal act or acts.
Take note however We only apply the
that organized crime concept of “conspiracy”
in itself is not a as defined in the Revised
crime and that mere Penal Code of the
membership to an Philippines as means to
organized crime indict members of an
group does not make organized crime group.
a person criminally There are however laws
liable. In as far as which penalized specific
Philippine laws are crimes that are business
concerned; of organized crime
organized crime and groups
association
• RA 9160 as amended by RA 9194 or the Anti- Money
Laundering Law (AMLA) which criminalizes Money
Laundering

• RA 9208 or the Anti-Trafficking in Persons Act which


criminalizes Human Trafficking, RA 8484 or the Access
Device Act which punishes credit card fraud,

• RA 8042 as amended by RA 10022 which punishes


illegal recruitment,

• RA 8792 or the E-commerce Act

• and the newest law regarding cybercrimes,


A crime may be organized but not to be equated
as organized crime. Say for example, When a crime
is planned and executed by a group of three
malefactors and after executing the crime and
profiting from the results they depart and move
their own way, the act may be organized in the
sense that it was carefully planned and executed
smoothly but it is not an organized crime since it
lacks the important element – the organization or
the group structure.
Therefore, what differentiates crime committed
by a band (as defined by the RPC) and that of an
organized crime is the presence of organization
within a group – an organization that is aimed at
profiting illegally from the results of crimes.
A Typical Illustration of How an
Organized Crime Group Works
Common to organized crime groups is the scheme of
how they operate. To effectively attain their economic
objectives, there must be presence of:

AN A CORRUPTEE
ENFORCER AN
A
CORRUPTER INTELLIGENCE
ANALYST
The concerted efforts of these movers results
to the gain of an organized crime group.
Enforcer Corrupter
Acts as the mechanism Acts as the bribery
of the organized crime mechanism of organized
groups to secure the crime groups. This may be
obedience of a member or in the form of threat,
a non-member. This is intimidation or a
specialized in injuring negotiation between the
personally, politically or group and a public official,
economically or even police or any influential
killing any member or non- personality in order to
member who attempts to guarantee the security and
go against the group. immunity of the group from
arrest and prosecution.
Corruptee
Pertains to a person of influence, usually a
non-member, who can vouch the group in cases
of legal indictment and who can influence their
illegal activities.

Intelligence Analyst
This is a member who is skilled in gathering
information that may be useful in the planning of
operation by the crime group. Altogether, the above
mentioned divisions of acts in concert to achieve the
objectives of the organized crime groups.
Attributes of an Organized Crime Group
To differentiate organized crime groups from an
ordinary association of criminals, one must know
the following characteristics. These control the
definition of an organized crime group as compared
to a mere association of criminals.
Specialization/Division of labor
Organized crime group will have functional positions filled by
qualified members.
Enforcer, Fixer, Money mover, Intelligence Analyst

Ideology of Economics
The group is profit/ business – oriented. They have no political
ideology and that violence and coercion are parts of the
business.

Willingness to use Violence and Bribery


It takes all the necessary criminal actions if needed
such as corrupting public officials, use of violence and
mass murder.
Membership is limited and
exclusive
Monopolistic
On ethnic, kinship, criminal
Organized crime
groups eschew record, or other grounds;
competition. It strives applicants need a sponsor; not
hegemony over a anyone can join.
Perpetuity
particular geographic The organization is designed to last
area where it through time beyond the lifespan of
restraints free trade to current members via a mix of
guarantee profit. It is legitimate ”fronts”. It is like a cycle
obtained by violence. wherein even if current leader will be
arrested, the organization will not die
besides a new set of leader will rise
afterwards.
Discipline
The group controls its members promptly and deadly.
There is a code of silence, secrecy, extensive rules and
regulations.
Conspiracy and Hierarchy
Aggregation of in planning, organizing, executing;
and that three or more permanent levels of rank with
division of labor or specialization are involved in the
scheme.
Immunity from Prosecution
The group is interested in corruption and in
fixing the criminal justice system.
Characteristics of Activity
• Immunity from governmental action

• Expansionistic methods

• Murder as a technique of business

• Unity of action
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