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1	Defining organised crime: a comparative analysis Lebeya, Seswantsho Godfrey 05 October 2012 (has links) The most challenging and spoken criminal phenomenon today is indisputably organised crime. It is a crime that both the general public, business community, commentators, researchers, scholars, journalists, writers, politicians, prosecutors, jurists and presiding officials debate with different interpretation and understanding of the concept as well as the manifestation of the phenomena. Debates on the subject have seen the dawn of rival terminologies of organised crime and crimes that are organised. While the United Nations has not assisted the nations in finding a definition of what organised crime is, the confusion has spread throughout the globe and South Africa has not been spared the pandemonium. The objective of this study is to comparatively assess the present understanding and setup in South Africa in comparison with Italy, Tanzania and the United States of America, identify the root causes of the confusion and find possible remedies to liberate the situation. The research concludes with the findings and recommendations. / Criminal & Procedural Law / LL.D. Organised crime Transnational organised crime Organised criminal group Syndicate Racketeering Money laundering Organised crime offences Predicate offences 345.2068 Organized crime -- South Africa Organized crime -- Italy Organized crime -- Tanzania Organized crime -- United States Transnational crime -- South Africa Transnational crime -- Italy Transnational crime -- Tanzania Transnational crime -- United States Gangs -- South Africa Gangs -- Italy Gangs -- Tanzania Gangs -- United States
2	Prevention of Organized Crime Act 121 of 1998 : a constitutional analysis of section 2,4,5,6, chapter 5 and chapter 6 Damon, Peter-John 20 September 2016 (has links) Since the advent of the new democratic order established under the 1996 Constitution, South Africa has been plagued with many new challenges .One of the facts that our new democratic state could not ignore was the rapid increase in both national and international, organized criminal activity .The South African Legislature realizing the desire to combat serious criminal activities, introduced into South African Law, the Prevention of Organized Crime Act 121 of 1998. The Act recognizes that conventional criminal penalties are inadequate as measures of deterrence when organized crime leaders are able to retain the considerable gains derived from organized crime, even on those occasions when they are brought to justice. It strives to strip sophisticated criminals of the proceeds of their criminal conduct. The Courts, in applying this legislation, has also created a new field of law that had until the advent of the Act, not existed in South African Law, namely organized crime law. A field, distinct from the ordinary principles of criminal law. The bulk of jurisprudence created over the past decade or more, however seems to be threatened to be undone by the recent judgment concerning the constitutionality of certain provisions of the Act. The confirmation of this judgment is being considered by the Constitutional Court and the purpose of this thesis is to argue against the confirmation of this judgment / Public, Constitutional and International Law / LL. M. Organized crime Common law Constitutional Court Case law Proportionality test Forfeiture Racketeering Money laundering Norms Bill of Rights Chapter 5 and Chapter 6 345.2068 Crime prevention -- South Africa Human rights -- South Africa Constitutional law -- South Africa Constitutional courts -- South Africa Organized crime -- South Africa -- Cases
3	Defining organised crime: a comparative analysis Lebeya, Seswantsho Godfrey 05 October 2012 (has links) The most challenging and spoken criminal phenomenon today is indisputably organised crime. It is a crime that both the general public, business community, commentators, researchers, scholars, journalists, writers, politicians, prosecutors, jurists and presiding officials debate with different interpretation and understanding of the concept as well as the manifestation of the phenomena. Debates on the subject have seen the dawn of rival terminologies of organised crime and crimes that are organised. While the United Nations has not assisted the nations in finding a definition of what organised crime is, the confusion has spread throughout the globe and South Africa has not been spared the pandemonium. The objective of this study is to comparatively assess the present understanding and setup in South Africa in comparison with Italy, Tanzania and the United States of America, identify the root causes of the confusion and find possible remedies to liberate the situation. The research concludes with the findings and recommendations. / Criminal and Procedural Law / LL.D. Organised crime Transnational organised crime Organised criminal group Syndicate Racketeering Money laundering Organised crime offences Predicate offences 345.2068 Organized crime -- South Africa Organized crime -- Italy Organized crime -- Tanzania Organized crime -- United States Transnational crime -- South Africa Transnational crime -- Italy Transnational crime -- Tanzania Transnational crime -- United States Gangs -- South Africa Gangs -- Italy Gangs -- Tanzania Gangs -- United States

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