Conceptualizing Transnational Organized Crime

By Paraschiv, Gavril | Economics, Management and Financial Markets, June 2013 | Go to article overview

Conceptualizing Transnational Organized Crime


Paraschiv, Gavril, Economics, Management and Financial Markets


ABSTRACT.

The material gathered in this study provides a rich and diverse context for understanding the coordination and prosecution of transnational organized crime, the international community's focus on national legislation and cross-border information exchanges, the growing threat of transnational organized crime, and the division in international criminal law between the core crimes and transnational crimes. Thus, our aim in this paper is to examine the existence of phenomena of collective criminality that can have devastating effects on state and society, the overwhelming and expanding problem of transnational organized crime, the global fight against transnational criminal networks, and the growing influence of transnational organized crime in the political process within states and on the international level.

JEL codes: K14, K42, N4

Keywords: transnational organized crime, governance, judicial system

1. Introduction

This study is grounded in the considerable body of scholarship examining the link between international criminal law and the establishment of new judicial competences relating to organized aime, the role of organized crime and gang violence as potential threats to international peace and security, and the developing awareness of the transnational dimensions of organized crime. The theory that I shall seek to elaborate here puts considerable emphasis on the Chinese position on the implementation of international law, the rapid development of Chinese business law, principles relating to Chinese private companies regulation and governance, and the interactions between foreign business, politics and the judicial system in China.

2. The Transnational Transformation of Organized Crime

Broadhurst and Le contend that traditional policing (criminal justice), military and national security agencies should work more effectively and seamlessly in reducing the harm of transnational organized crime. The emergence of crime as an international security problem arises from the increasing interdependence of global markets and the emergence of resilient cross-national crime groups. Asia presents extremes of inequality and destitution that are often ineffectively mitigated by governments, generating many forms of crime alongside problems of poor governance and corruption. The traditional focus on crime groups and professional criminals as a function of the nation state criminal justice system has limited the capacity to respond to transnational organized crime.

We may sum up by saying that policing transnational organized crime must move beyond purely localized, national responses. Broadhurst and Le argue that bureaucratic or hierarchical models of operation can be identified in contemporary organized crime activity. In Asia economic and financial issues dominate, as economic development has often been prioritized by Asian governments. The relationship between organized crime and terrorism is limited to common enterprise. Organized crime and political extremism are symbiotic sources of illicit wealth and lethal violence.1

Findlay holds that China is a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, is experiencing a rapid and relentless reconfiguration of communitarian identity and obligation, and is importantly positioned to influence international criminal justice in the future. Chinese criminal justice has been long denigrated for failing to protect the individual rights of offenders. The Chinese involvement in international criminal justice is passive, reactive and regressive. The Chinese experience of criminal law and process can assist in the formulation of a truly international and responsive criminal jurisprudence. Social control mechanisms such as mediation and bang-jiao are experiencing largely unexplored pressures.2

On Daum's view, the new "Rules on Certain Issues Relating to the Exclusion of Illegal Evidence in Criminal Cases" (Rules) detail procedures for challenging the admissibility of evidence, promising to revitalize China's exclusionary rule by stating when and how allegations of illegal evidencegathering should be raised, who must prove such abuses, the standard of proof required, and the possibility of in-court witness testimony by law enforcement. …

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