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Handbook on Identity-Related Crime Cover Image © Dreamstime UNITED NATIONS OFFICE on DRUGS and CRIME Vienna Handbook on Identity-related Crime Cover image © Dreamstime UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Handbook on Identity-related Crime United Nations New York, 2011 10-58702_inner_FINAL.indd 1 29/03/2011 00:01 © United Nations, April 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authori- ties, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. 10-58702_inner_FINAL.indd 2 29/03/2011 00:01 Foreword The present Handbook follows the release in 2007 of the United Nations study on “fraud and the criminal misuse and falsification of identity”, commissioned by UNODC and submitted to the United Nations Commission on Crime Prevention and Criminal Justice at its sixteenth session (E/CN.15/2007/8 and Add. 1-3), in line with Economic and Social Council resolution 2004/26. The main contribution and achievement of that study was two-fold: first, it adopted a broad approach on the concept of “identity-related crime” and considered it in an inclusive manner to cover all forms of illicit conduct involving identity, including offences described, often not consistently, as “identity fraud” and “identity theft”. Second, it dealt with the problems posed by identity-related crime from a new criminal justice perspective and the treatment of identity abuses as distinct criminal offences, as opposed to the traditional approach of criminalizing other activities commit- ted using false identities. The study also tackled differences and deviations in definitional and conceptual approaches at the national level with regard to the criminal misuse and falsification of identity and shed light on various aspects revealing the complexity of the problem and its criminal diversity. The Handbook builds upon the findings and recommendations of the abovementioned study and focuses on certain legal and policy issues pertaining to identity-related crime. Its main objective is to lay out a range of options and considerations to be taken into account when addressing domestic criminal justice matters (typology of crimes/criminali- zation approaches/protection of victims), specific challenges in the field of international cooperation in criminal matters or the potential of synergies and partnerships between the public and the private sector, mainly in the area of prevention of identity-related crime. The combination of both research papers and practice-oriented material serves the pur- pose of sheding light on different aspects and parameters of the complex problems posed by this form of crime. Due to the diversity of the issues covered, the Handbook is destined for use by legislators, policy-makers, prosecution and law enforcement authorities and practitioners, as well as other stakeholders (representatives from international and intergovernmental organiza- tions active in this field, representatives from the private sector and experts from academia). It can also be used as resource material in technical assistance programmes and capacity- building activities with a view to increasing expert knowledge to address legal, institutional and operational issues around identity-related crime as an emerging form of crime, in line iii 10-58702_inner_FINAL.indd 3 29/03/2011 00:01 with the policy directions provided by both the Bangkok and Salvador Declarations, out- comes of the Eleventh and Twelfth United Nations Congresses on Crime Prevention and Criminal Justice respectively. In addition, the development of the Handbook as a technical assistance tool is a first effort to implement relevant mandates arising from ECOSOC resolutions 2004/26, 2007/20 and 2009/22 and calling for: (a) the use of the information gained by the abovementioned United Nations study for the purpose of developing useful practices, guidelines or other materials in the prevention, investigation and prosecution of the criminal misuse and falsification of identity; and (b) the collection, development and dissemination of more specific and thematically-oriented technical assistance material on identity-related crime, including manuals and compilations of useful practices or guidelines. Lastly, the present Handbook benefited from the conclusions, guidelines and recommen- dations resulting from the meetings of a core group of experts on identity-related crime, established by UNODC in 2007 on a multi-stakeholder basis to bring together representa- tives from Members States and international organizations, as well as representatives from the private sector and experts from academia. The establishment of the core group has proved to be a successful initiative geared towards facilitating the exchange of views, infor- mation and expertise among those actors on the best course of strategic, policy and legal action against identity-related crime, as well as promoting their mutual understanding and cooperation to this effect. iv 10-58702_inner_FINAL.indd 4 29/03/2011 00:01 Acknowledgements The present Handbook is the product of a project carried out by the Corruption and Economic Crime Branch of UNODC within its mandate arising from Economic and Social Council resolutions 2007/20 and 2009/22 on “International cooperation in the prevention, investigation, prosecution and punishment of economic fraud and identity- related crime” and in line with its Thematic Programme on “Action against Corruption and Economic Crime” (2010-2011). The elaboration of the Handbook also falls within the overall work of UNODC to develop new tools with the aim to assist Member States in strengthening their legal, institutional and operational capacities in order to combat economic fraud and identity-related crime at the domestic level, and to effectively engage in international cooperation to combat these crimes. UNODC wishes to extend its thanks to the following experts who provided their substan- tive contributions to the drafting of this Handbook: • Mr Marco Gercke, Lecturer for Law related to Cybercrime,University of Cologne, Germany; • Mr Gilberto Martins de Almeida, Martins de Almeida Advogados, Rio de Janeiro, Brazil; • Ms Philippa Lawson, Associate, International Centre for Criminal Law Reform and Criminal Justice Policy, Canada; • Ms Raluca Simion, Legal Adviser, Directorate International Law and Judicial Cooperation, Ministry of Justice, Romania; and • Mr Cormac Callanan, Managing Director, Aconite Internet Solutions Limited. UNODC also acknowledges with profound gratitude the contribution of all those involved through their comments and feedback in this project, particularly the members of the core group of experts on identity-related crime, an initiative launched by UNODC in 2007 to pool experience from a wide range of stakeholders, develop strategies, facilitate further research and agree on practical action against identity-related crime. UNODC avails itself of this opportunity to express its gratitude to the Government of Canada for its generosity in providing funding for the elaboration of the Handbook. v 10-58702_inner_FINAL.indd 5 29/03/2011 00:01 Mr Demosthenes Chryssikos, Crime Prevention and Criminal Justice Officer, Corruption and Economic Crime Branch, was the responsible UNODC officer for compiling and adapting the content of the Handbook. Special thanks are due to Ms Dildora Djuraeva, contractor, for her substantive contribu- tion to the accomplishment of this project. vi 10-58702_inner_FINAL.indd 6 29/03/2011 00:01 Contents Page 1. Legal Approaches to Criminalize Identity Theft Marco Gercke ................................................................................................... 1 2. Typology and criminalization approaches to identity-related crime: Compendium of examples of relevant legislation Gilberto Martins de Almeida ................................................................................ 55 3. Identity-related crime victim issues: A Discussion Paper Philippa Lawson ............................................................................................... 107 4. Identity Theft: An inventory of best practices on public-private partnerships to prevent economic fraud and identity-related crime Cormac Callanan .............................................................................................. 169 5. Practical guide to international cooperation to combat identity-related crime Marco Gercke/Raluca Simion ............................................................................. 235 vii 10-58702_inner_FINAL.indd 7 29/03/2011 14:57 10-58702_inner_FINAL.indd 8 28/03/2011 13:27 LEGAL APPROACHES TO CRIMINALIZE IDENTITY THEFT* Marco Gercke Lecturer for Law related to Cybercrime University of Cologne, Germany * The present study was prepared for use as working document at the third meeting of the core group of experts on identity-related crime, held in Vienna, Austria, on 20-22 January 2009. It was also submitted as a Conference Room Paper to the Commission on Crime Prevention and Criminal Justice at its eighteenth session, held in Vienna on 16-24 April 2009 (E/CN.15/2009/CRP.13). The opinions expressed in this paper are those of the author and do not reflect the views of the United Nations. 1 10-58702_inner_FINAL.indd 1 29/03/2011 14:57 10-58702_inner_FINAL.indd 2 29/03/2011 14:57
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