Why is defining organized crime difficult

Firstly, because of the enormous ease with which companies can be opened, many of which manage to never actually operate without ever attracting suspicion. Added to this is the fact that the anti-money laundering organs and mechanisms are utterly insufficient and statistically inoperative, although, in fairness, we must recognize a concerted effort to rectify this situation. Furthermore, clandestine currency exchange is scarcely repressed in Brazil.

Currency can be exchanged in broad daylight, in full view of the police, with the greatest of ease, another aspect that facilitates the operations of these groups. Another Brazilian reality that must be considered is that the country is a major producer of the chemical materials the laboratories use to produce drugs and many of these products find their way to neighboring narcotics-producing countries like Colombia and Bolivia.

First and foremost, it is essential to observe that none of the measures suggested herewith can be implemented unless there is a genuine political will to change the present context. Any such measure must, by necessity, start by distancing the state organs and their officials from organized criminal groups.

In other words, the promiscuity between Organized Crime and the State has to be public enemy number one in this respect.

The observation made, let us examine some of the legal instruments available. Initially, Law no. These measures, which we could call exceptional, were set down in article 2, and, contrary to the recent rulings of the Supreme Federal Court, the device stipulated in clause III "access to fiscal, banking, financial and electoral data, documents and information" actually requires no prior judicial authorization.

The issue surrounding rights of privacy is therefore a huge hindrance in the fight against Organized Crime. They are citizens of the world". Indeed, borders restrain the judiciary, but not the criminals. We can therefore note that the first obstacles the State must face are its own territorial limits, and thus the limits of its sovereignty, while, for organized crime, whose strong point is its transnationality, no such borders exist.

Thus we can agree with Gomes et al. In fact, the struggle against organized criminality would not be so difficult were it not for the symbiosis between the crooks and public officials 7 7 According to Mingardi , p.

The first step would seem to be to establish an educational measure capable of filling in the blanks left behind by decades of State negligence in relation to education and economic policy concerning the attainment of constitutional ideals. One cannot seriously hope to eradicate Organized Crime when there are certain areas of State territory, like the shantytowns, in which the authorities do not have free transit, thus leaving room for Organized Crime to exercise the power effectively abdicated by the State.

The shaping of a true spirit of citizenship based on respect and human dignity is, therefore, paramount. Other urgent measures are the prevention and repression of symbiosis between the State and Organized Crime.

Prevention starts with greater attention being paid in the recruitment of state officials, especially those who will be involved in combating Organized Crime, so as to reduce the number of infiltrations. Signs of undeclared wealth should be swiftly investigated and, in the case of wrongdoing, severely punished. Another important move would be the implementation and observation of a code of ethics across the civil service as a whole that prohibits third-parties from offering courtesies, presents, trips, etc.

Recent events also testify to the importance of greater rigor in controlling electoral campaign donations, which open a considerable channel for money laundering and the corruption of public agents.

On the side of repression, the state apparatus badly needs a counter-intelligence sector geared towards rooting out infiltrations. Translated by Anthony Doyle. Open menu Brazil. Open menu. Concept The first problem that arises in combating Organized Crime is defining what it actually is.

This item can be read in Portuguese at the site. It would seem to be a consensus in the specialized literature that the "dark number", that is, the deficit between the crimes practiced and those discovered, is far higher for those practiced by organized criminal groups. Contemporary issues relating to foreign terrorist fighters Topic 4. Definition of Crime Prevention 2. Key Crime Prevention Typologies 2. Crime Problem-Solving Approaches 4. Identifying the Need for Legal Aid 3. Models for Delivering Legal Aid Services 7.

Roles and Responsibilities of Legal Aid Providers 8. Legal Framework 3. Use of Firearms 5. Protection of Especially Vulnerable Groups 7. Aims and Significance of Alternatives to Imprisonment 2. Justifying Punishment in the Community 3. Pretrial Alternatives 4. Post Trial Alternatives 5.

Concept, Values and Origin of Restorative Justice 2. Overview of Restorative Justice Processes 3. How Cost Effective is Restorative Justice?

Vulnerabilities of Girls in Conflict with the Law 3. Ending Violence against Women 2. Human Rights Approaches to Violence against Women 3. Who Has Rights in this Situation? What about the Men?

The definitions make clear that the size of an organized criminal group can be quite small although some organized criminal groups can be large , and it does not have to exist for a long period of time although some do. Significantly, the seriousness of the crimes committed by these groups, and their profit-driven nature, are defining elements.

The Convention covers only transnational crimes, which are planned, executed, or have effects across national borders. This broad definition of transnationality acknowledges the complexity of the issue and sets the stage for broad international cooperation. It is important to note that, while the Convention covers only transnational crimes, in article 34 2 , it also specifies that the transnational element and the involvement of an organized criminal group are not to be considered elements of those offences in domestic legislation for criminalization purposes.

This provision is to avoid loopholes in domestic legislation. The Convention requires the criminalization of four specific offences: many organized criminal groups utilize money laundering, corruption and obstruction of justice to protect their operations from law enforcement. Therefore, that modus operandi has to be criminalized in all jurisdictions. The Convention also requires the criminalization of participation in an organized criminal group, which is discussed in Module 2.

Three protocols to the Convention relate to specific types of transnational crime: trafficking in persons, smuggling of migrants and trafficking in firearms. These will be discussed in other Guides as examples of transnational organized crime that often involve multiple countries of origin, transit and destination, and strongly require concerted actions of these countries to respond or prevent these crimes effectively. Doha Declaration. Education for Justice. What is Good Governance?

Contemporary issues relating to conditions conducive both to the spread of terrorism and the rule of law Topic 2. Contemporary issues relating to the right to life Topic 3. Contemporary issues relating to foreign terrorist fighters Topic 4. Definition of Crime Prevention 2. Key Crime Prevention Typologies 2. Crime Problem-Solving Approaches 4. Identifying the Need for Legal Aid 3. Models for Delivering Legal Aid Services 7.

Roles and Responsibilities of Legal Aid Providers 8. Legal Framework 3. Use of Firearms 5.