Handling Complex cases Evidence - PowerPoint PPT Presentation

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Handling Complex cases Evidence

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DEFINITION OF O.C. X. X. Mexico[2] X. X. Italy. X. X ... Homicide. Kidnapping. Armed Gang. ORGANIZED CRIME. Conspiracy. It developed in the Common Law system ... – PowerPoint PPT presentation

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Title: Handling Complex cases Evidence


1
Handling Complex cases Evidence
  • Against Normal Criminal Investigation

2
Falcone Check List as an Instrumentto Link
Investigations of Complex Cases
3
The Problem of Perspective
  • The tree against
  • the forest

4
Cultural Concepts
  • Continuum of reality
  • E.g. The color green
  • People of the Amazon distinguish 6 cultural
    types.
  • The freezing state of water
  • Eskimos distinguish 7 types of freezing water.
  • We distinguish only 1 type

5
Antisocial Conducts
Criminal Activity
Misdemeanors
Children Misbehavior
Administrative Violation
Felony
Criminal Activity
Organized Crime Terrorism
Armed Robbery
Gang Actvities
Homicide
Kidnapping
Rape
6
Organized Crime
  • It goes beyond conventional Criminal Measures
  • Permanent
  • Structured
  • Hierarchical
  • Transnational
  • It harms the Political, Economic and Social
    Structures of the State
  • Democracy is eroded because of corruption.
  • Undermines the Growth and Development of the
    Formal Economy (Money Laundering)
  • It hampers Justice (Obstruction to Justice)

7
Criminal Law
8
Organized CrimeTwo Formulas
  • First (Conspiracy)
  • Agreement between 2 or more people
  • to commit serious crimes
  • With the aim of obtaining financial or other
    material benefit
  • Second
  • Active participation in the organized group
  • Other activities that contribute to the criminal
    objectives of an OC group and with knowledge that
    participation will contribute to the aim of the
    organized criminal group

9
DEFINITION OF O.C.
Country As conspiracy As conspiracy Active participation in crime group Other forms of participation?
Austria Austria X X X
Colombia Colombia \ X X
Croatia Croatia X X X
Czech Republic Czech Republic X X X
France 1 France 1 X X X
Germany Germany X X X
Hungary Hungary X X
Italy Italy X X
Mexico2 Mexico2 \ X X
Netherlands X X X
Poland X X X
Romania X X X
Russia X X
South Africa X X X
Spain1 X X X
Switzerland X X
United Kingdom X X
United States X X X
Venezuela 2 X X X


1 The term Conspiracy can be applied only to
some offences like terrorism or drugs 2
While the Venezuelan Criminal Code includes
membership and participation in a criminal group
as an offence this is not as sophisticated as the
descriptions provided by the RICO Act in the US.
? Aiding or abetting (see convention) 1 Active
participation in a group refers to drug offences
only. 2 Conspiracy is included in the
organized crime law.
10
Continuum criminal de la D.O.
11
Conspiracy
  • It developed in the Common Law system
  • It comes from 13 century institution
  • Derivated from judicial precedence
  • It is a crime to agree to commit a Crime

12
Participation in Organized Crime is a second
level offence
  • Logically it presupposes a first level offence,
    called predicate offence
  • Even though it is an autonomous crime

Organized Crime
Money laundering
Drug Trafficking
Corruption
Murder
13
Only three second Level Offences
14
No additional prohibitions
  • All O.C. offences are already prohibited in the
    predicate offence-prohibitions

Prohibitions without O.C. offence.
Prohibitions with O.C.
15
The Evidence in Law
  • In Instantaneous Crimes
  • The fact happens in a moment
  • The evidence consist of proof that these facts
    happened
  • Murder as an Example
  • Witnesses, ballistic, finger prints, DNA
    testing, etc...

16
The Evidence in Organized Crime and corruption
  • The Organized Crime group is continuous in its
    criminal activity
  • The crimes are continued and continuous

17
In Organized Crime Cases link, it is NOT
Necessary to Prove
  • That the boss ordered the crime
  • It is sufficient to proof
  • that he/she commands or belongs to an
    organization that traffics in drugs, order
    murders or blackmailing, or engages in certain
    predicate offenses

18
Evidence Integrity(Just like a Gothic Cathedral)
  • It must be harmonic
  • Trying to build modularly a crime and linking it
    to other crimes
  • Proving the existence of an organization
  • Every piece supports other pieces
  • Relating one to each other

19
1 . The Network and its Illegal Activities
  • 1.1. The criminal network
  • 1.1.1 Hierarchical or flexible structure
  • Forwarlooking and backwardlooking

20
(No Transcript)
21
a) Standard Hierarchical Structure
This is the most common form of organized
criminal group from
22
b) Regional Hierarchical Structure
Even if they are part of a hierarchical criminal
group with several strict lines of command, there
is a level of autonomy for the regional
organizations under the groups control.
23
c) Hierarchical Association
Association of organized criminal groups with a
governing organ or body.
24
d) Central Group
Generally consists in a limited number of
individuals which form a relatively closed
central group to do illicit business.
25
e) Criminal Network
They are defined by the illicit activities of
clue individuals which frequently change their
alliances. Those individuals may not consider
themselves as members of a specific criminal
group, nor are they considered like that by
external individuals. Nevertheless they have
ties with a series of illicit projects.
26
Synthesis of the important elements
  • Understand that Organized Criminal Groups look
    for a financial gain or profit.
  • Develop the investigation trying to understand
    the market.
  • What, how and how much does the organization
    sell?
  • Who is it sold to? And Who buys it?
  • How is it produced?

27
Investigative Techniques
  • It is always easier to start from the criminal
    organization finishing with the financial
    analysis.
  • It is also possible to start from the financial
    analysis, however, it is more difficult.
  • After determining the profits
  • Analysis of the suspects assets.
  • Analysis of his family assets
  • Know his contacts with the illicit world and
    other organizations
  • Understand other elements of the network with
    forward-looking and backwadlooking techniques.

28
Violence
  • 3.2.5. The use of violence
  • - Describe what types of violence are used
    against other criminals/ criminal groups.
  • Means of analysis and evidence
  • All the violent acts to determine behavior
    patrons.
  • Comparative analysis of different modus operandi
  • Comparison of ballistic tests and victim-offender
    analysis.
  • Knowledge of the executional codes of the
    organizations

29
  • 3.3 Interactions with terrorists or separatists
    groups
  • Does the network have contacts with terrorist
    groups or separatist movements?

30
4. Illicit Protection
  • 4.1. Shielding against investigation and
    prosecution
  • 4.2. Corruption
  • 4.3. Contacts with external
    experts/specialists

31
5. Opportunities for Prevention
  • 5.1 Opportunities in the underworld
  • Circumstances or events that make it easy or
    difficult for the network to perform their
    illegal ativities.
  • Barriers that can be put against the networks
    activities.
  • 5.2 Opportunities in the legitimate environment
  • Circumstances or lack of rules and regulations
    that make it particularly easy/attractive for the
    network to involve its licit environment in its
    criminal activities.

32
Barriers
  • Why does the network need to involve legitimate
    businesses, or why does it need to involve
    persons having a certain job or expertise?
  • What barriers can be put up against the networks
    interactions with the legitimate world.
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