Thesis (M.Soc.Sc.)--University of Hong Kong, 1988. / Also available in print.

The organised crime industry on a whole generates an estimated gross criminal product of $800 billion USD annually generated from traditional crime industries like money laundering, cigarette and narcotics trafficking and prostitution. As a result of the new, globalised world, organised crime is diversifying its activities, penetrating legal sectors and further corrupting political systems. In general, it has been quick to adjust to the new economic opportunities and new technologies that this global village has to offer, and has been far more efficient in exploiting every available opportunity than its police and justice counterparts in preventing it from doing so. The face of international organised crime has changed to include new, sometimes smaller, often more dangerous actors, and has seen the traditional crime families metamorphose to keep up with the new environment. Diversification, penetration, legitimisation are the new guiding motto. The Sicilian Cosa Nostra has sought alternative ways to generate additional profits whilst reducing the risk factor. In order to branch-out, escape prosecution and yet remain within a pivotal and strategic position, the Cosa Nostra has chosen, amongst other havens, the French Riviera. Today, political and popular mobilisation and interest in combating organised crime is minimal, largely relegated to folklore status, crime annals, and the cinema industry. However, no judicial tool or innovation can have concrete and effective applications if the political will is not predominant and if concerted international co-operation is not enforced. The risk, should this trend continue, is that organised crime will become a dominant and decisive actor in State affairs, may continue to take over unstable micro-states and pervert the democratic process and the rule of law around the world. The threat is not so much to stand by and wait as crime develops further, but how long this lack of reaction can continue before it becomes irreversible.

Made available in DSpace on 2014-06-11T19:29:04Z (GMT). No. of bitstreams: 0 Previous issue date: 2007-12-07Bitstream added on 2014-06-13T20:59:03Z : No. of bitstreams: 1 santos_vf_me_assis.pdf: 663507 bytes, checksum: 86402c11b4a071a9b47705452a750f08 (MD5) / Esta pesquisa nasce da experiência de alguns anos de acompanhamento psicossocial a adolescentes que cometeram atos infracionais, cumprindo medida sócio-educativa de internação em uma das unidades da FEBEM, hoje chamada de Fundação CASA. Partindo da perplexidade diante do mundo entre grades e muralhas que o trabalho cotidiano desvela, este estudo vai tomando direção com a lapidação de sentimentos e com a incessante busca de sentido para as relações que o ‘outro’ mundo revela. A organização peculiar do grupo de internos, regida por códigos e regras trazidas das leis do ‘crime organizado’, cuja história e relações com a dinâmica dos adolescentes são traçadas, inclusive em suas peculiaridades institucionais, demanda o questionamento da ‘lei’ que nos fundamenta a viver em sociedade. Diante do trânsito constante entre vítimas e agressores, pacto edípico e pacto social aparecem com toda a contradição evidenciada nas histórias familiares e na cultura institucional criada por esses meninos – homens – vítimas – bandidos. A despeito das considerações do vivido durante esses anos de trabalho, especialmente em 2003, o material de análise é produzido por meio de entrevistas a três adolescentes, cuja investigação fora pautada nas relações do adolescente com sua família, com a lei social e com a lei do crime, fundamentada pela teoria e método psicanalíticos, via leitura do sentimento de pertença familiar exposto por cada um deles. Tendo como objetivo geral analisar a relação entre crime e violência com o sentido de lei introjetado pelo adolescente no decorrer de sua história, da qual faz sua leitura expondo o inconsciente familiar que fundamenta seu sentimento de pertença... / This research is based on the experience of some years of psychosocial accompaniment to adolescents that committed acts of infraction, accomplishing socio-educational measure of internment in the units of internment of former FEBEM, today called CASA Foundation. Considering the perplexity of the world’s view behind bars and walls that the daily work demonstrates, this study will be molded by the feelings and with the incessant sense pursuit of different kinds of relationships that the other world reveals. The peculiar organization of the interns' group, governed by codes and rules brought of the organized crime, whose history and relationship with the adolescents' dynamics are traced, besides in their institutional peculiarities, the questioning of the law that bases the living in society. Facing the constant transit between victims and aggressors, edipic pact and social pact appears controversial and evidenced in their family histories and in the institutional culture created by those boys - men - victims - thieves. In spite of the experience of those years of work, especially in 2003, the material was analyzed and produced through interviews at three adolescents that they were deprived of freedom, whose investigation was ruled in the adolescent's relationships with their family, with the social law and with the law of the crime, based by the theory and method psychoanalytic, through comprehension of the feeling of belongs exposed for the adolescents. Tends as general objective to analyze the relationship among crime and violence with the sense of law introjected for the adolescent in elapsing their familiar history, which makes their interpretation by exposing their family unconscious that bases their feeling of belonging, we analyzed the effect of the execution or breaking... (Complete abstract click electronic access below)

While the limited number of scholars in the field of EU intelligence cooperation tend to have a rather state-centric view and focus on the normative (trust) or the functional (efficieny) dimension of intelligence cooperation, this study contributes to the field by focusing solely on the institutional structure of Europol. The purpose of this study is to examine why the Europol established the European Counter Terrorism Centre and why it is not addressing the interconnectedness between terrorism and organized crime. In order to address these questions, the theoretical framework of historical institutionalism has been applied and the notion of path dependency plays a vital role.  The study rests on a qualitative single case study design and the disciplined configurative-model is used to fulfill the research objective. The researcher traces the process in a historically chronological order and uses pre-existing materials in order to uncover explanatory findings. The study concludes that the theoretical framework of historical institutionalism and the notion of path dependency can explain the research problem and the research questions. The findings prove that Europol is a highly reactive institution in terms of its counter-terrorism arrangements and that historical perceptions play a significant role and inevitable leads the institution onto a path dependent track.

The Prevention of Organised Crime Act brought major changes to the South African criminal law context. Through the Act, major confiscatory provisions were established. The Act does not only target convicted criminals, but also any person who is in possession of tainted property that was used in the commission of offences. Civil forfeiture is the most widely used procedure in forfeiture proceedings. In the dissertation the effectiveness of criminal and civil confiscation is outlined. The historical development of confiscation and forfeiture provisions in South African is discussed with reference to the common law, legislation and international instruments and how international developments have influenced local development. This treatise consist of an overview of the confiscation provisions in the Prevention of Organised Act 121 of 1998 as one of the measures the South African legislature put in place to deal with organised crime. Since the Prevention of Organised Crime Act was passed, the courts have given meaning to what is an instrumentality of an offence and the proceeds of unlawful activities as a measure to counter organised crime. This treatise refers to those cases given the definition of an instrumentality of an offence and the proceeds of unlawful activities. For the purpose of effectively dealing with organised crime, this treatise contains a discussion on the effectiveness of criminal and civil confiscation procedure. The justification for asset forfeiture is outlined.

This study consists of a qualitative analysis on the subject of human trafficking in Canada. It is intended to explore the steps that have been taken to address the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementary Legislation to the Convention Against Transnational Organized Crime (2000c), also known as the Palermo Protocol, and examine Canada’s commitment to changing the international and domestic context in which human trafficking takes place. Through exploration of Canadian legislation, literature and prosecutions presented in Canadian courts between January 2005 and December 2011, this research aims to establish whether Canada has shown a commitment to ending and preventing the problem of human trafficking that is consistent with the Recommended Guidelines published by the office of the United Nations High Commissioner on Human Rights (2002). A nominal coding scheme was used to show in basic terms the level of commitment Canada is showing toward combating the issue of human trafficking, both internationally and domestically. Results indicate that while Canada has met minimum standards by implementing anti-trafficking legislation in 2005 which is consistent with the Palermo Protocol, the country is falling short of commitments to combat human trafficking due to inadequate victim protection measures, lack of standardized data collection procedures and insufficient efforts to combat and prevent the root causes of trafficking.

The thesis contains three main Chapters in which the relationship between organised crime and corruption is studied from different perspectives. Chapter 2 presents a theoretical framework for analyzing the interactions between corruption and organized crime, together with the individual and combined effect of these phenomena on economic performance. We show how organized crime on its own reduces entrepreneurial activity, and how organized crime in conjunction with corruption may reduce such activity to a lesser or greater extent. Chapter 3 presents an empirical investigation into the impact of corruption on economic growth in the presence of organized criminal activities. Using a panel of 19 Italian regions for the period 1983-2009, the analysis reveals that corruption and organized crime have independent negative effects on growth, and that the effect of either is less severe when the other is also present. Chapter 4 presents a further empirical investigation which examines the determinants of organized crime and of common crime in a panel of Italian regions over the period 1983-2003. The analysis shows that both organized and common crimes respond symmetrically to certain drivers, but asymmetrically to others.

Background: The infiltration of the construction industry has been central for the emergence and expansion of organized crime internationally. Sweden is a country in transition, with the sharpest turn towards economic inequality in Western Europe in recent decades. A concern for a society in transition is the emergence of organized crime.Aims and method: This study aims to contribute to the knowledge of the emergence of organized crime, and provides a comprehensive literature review on the function of corruption in the organized crime infiltration of the construction industry. Results: Corruption was identified in the enforcement of cartels and the organization of unregistered labor. Organized crime targeted unions, politicians and administrators in urban planning, as well as the courts, the elections and the military.Conclusions: Organized crime groups were shown to exploit both regulation and its absence to expand their profits and power. Factors related to the emergence of organized crime included structural and cultural incentives for corruption, transition economies, discretionary power, and the question of agency. The findings were compared to the question of organized crime in a Swedish context and its involvement in the construction industry.

Consacrer une thèse à la lutte contre le crime organisé aux Émirats Arabes Unis peut paraître assez étonnant. La sécurité dans ce pays atteint un niveau très élevé et les autorités gardent un contrôle très ferme sur une population composée à 90% d’étrangers. Considérés généralement comme un des pays les plus sûrs au monde, le crime organisé n’a pas sa place aux Émirats. Mais le sujet se justifie parce que la lutte contre le crime organisé ne se conçoit que dans un cadre global qui met au premier plan les pays aux économies avancées. Les Émirats sont parties prenantes à la stratégie et à la coopération internationale qui se développent fermement depuis plus d’une trentaine d’années pour réduire les organisations criminelles. Ces organisations toujours actives ont été rejointes par des organisations terroristes qui se financent par des trafics et des activités illégales. Cette jonction entre le crime et le terrorisme, prouvée par les enquêtes sur le terrain, est un facteur d’aggravation de l’instabilité et un défi pour les forces de police. Dans le Golfe, région sensible, il convient de surveiller étroitement les flux commerciaux qui peuvent dissimuler des activités criminelles. Mais il faut aussi, détecter les flux financiers issus d’activités criminelles qui sont recyclés dans l’économie prospère des Émirats. Sur ces deux plans, les Emirats jouent un rôle décisif en raison de ses moyens financiers importants, des technologies de surveillance et de la volonté politique de ses dirigeants. Cette thèse replace l’action des Emirats dans le cadre normatif et institutionnel fixé par des traités, relayé sur place par le droit national. Dans ce domaine, il n’est pas raisonnable de viser la disparition du crime organisé qui est une activité liée à la globalisation des échanges mondiaux. L’objectif des Emirats est de ne pas permettre l’implantation du crime organisé sur son territoire. De ce point de vue, ce but est atteint et les efforts des autorités et des forces de police des Emirats sont tendus vers une consolidation de ce résultat pour l’avenir. / A thesis devoted to the fight against organized crime in the United Arab Emirates may seem rather surprising. Security in this country is at a very high level and the authorities maintain a very strong control over a 90% foreign population. Generally regarded as one of the safest countries in the world, organized crime has no place in the UAE. But the subject is justified because the fight against organized crime can only be conceived in a global framework that puts countries in advanced economies at the forefront. The UAE is a major partner in the strategy and international cooperation that has been developing steadily for more than 30 years to reduce criminal organizations. These still active organizations have been joined by terrorist organizations that finance themselves through trafficking and illegal activities. This junction between crime and terrorism, proven by field investigations, is a factor in worsening instability and a challenge for police forces. In the Gulf, there is a need to closely monitor trade flows that may conceal criminal activity. But it is also necessary to detect financial flows from criminal activities that are recycled in the prosperous economy of the UAE. On both counts, the UAE plays a decisive role because of its significant financial resources, surveillance technologies and the political will of its leaders. This thesis places the action of the Emirates in the normative and institutional framework established by treaties, relayed by national law. In this area, it is unreasonable to target the disappearance of organized crime, which is an activity linked to the globalization of world trade. The achievable objective of the Emirates is not to allow the implantation of organized crime on its territory. From this point of view, this goal is achieved and the efforts of UAE authorities and police forces are tense towards a consolidation of this result for the future.

This dissertation studies how organized crime and corruption can penetrate the legal economy. In the first chapter I document the infiltration of organized crime in public procurement auctions in the aftermath of natural disasters. I focus on recent earthquakes that occurred in Italy between 2008 and 2016 and I utilize investigative data on participation in procurement auctions of firms associated with the mafia (in short, "mafia firms''). I show that criminal firms increase their participation in public procurement auctions in emergency-designated municipalities, particularly after relief status is declared over. Emergency status leads to a temporary increase in monitoring efforts, but a permanent positive shock to affected municipalities' reconstruction budgets, thus explaining the lagged effect. Using information on awarding procedures, I show that after the emergency the participation of mafia firms increases only in auctions with minimum discretion, suggesting it is not the result of collusion with local administrators. In Chapter 2, I investigate whether windfalls from natural resources increase corruption and how this varies across countries with different institutions. I utilize leaked information on the beneficiaries of secret offshore entities to construct a measure of malfeasance. I find that countries respond to a rise in the price of the commodities they export with increased incorporation of offshore entities in tax havens. However, such a relationship exists only for autocratic regimes. In Chapter 3, I develop a theoretical model to explain the role of political brokers in mediating clientelistic transactions between parties and voters. Brokers enjoy an informative advantage over parties: they observe the electorate's political preferences as well as their need for a private good (hospital beds) provided by the government. A party hires the broker to make a deal with the voters. The broker insures them against the risk of not receiving the private good when in need (sick) in exchange for their vote. The presence of the broker reduces aggregate welfare if parties focus on the electoral benefits coming from the provision of the private good and thus reduces the amount of public good (schools) below the optimal level. On the other hand welfare increases if private goods are delivered to citizens in need who would have not received them, had the broker not been present.