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If you have issues viewing or accessing this file contact us at NCJRS.gov. The European Institute for Crime Prevention and Control, affiliated with the United Nations ~'~.T3-:a" . "~<y< • © ~ ~ii~/:i~i~i:!!: !iiiii:~, ,~! ~!!i~ili~ ! I!71~~i ~ !~i~:~i! ~i!i~:~!i~i~i~71 03 Q L LO LO ¢--, 156078 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the Nationa! Institute of Justice. Permission to reproduce this copyrighted material has been to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner. HEUNI PAPERS No. 6 NCjRS 8EP X~ 8995 ACqUiSITiONS ORGANISED CRIME ACROSS THE BORDERS Preliminary Results by Emesto U. Savona*, Sabrina Adamoli**, Paola Zoffi*** with the assistance of Michael DeFeo**** Professor of Criminology and Director of TRANSCRIME (Research Group on Transaational Crime), School of Law, University of Trento, Italy Research Assistant at TRANSCRIME Research Assistant at TRANSCRIME Senior Counsel for International Law Enforcement, U.S. Department of Justice, American Embassy, Rome, .Italy. The European Institute of Crime Prevention and Control, affiliated with the United Nations Helsinki, 1995 FOREWORD the cooperation of Interpol. The responsibility for the analysis of the responses was given to Professor Only a few years ago, many countries in the world Ernesto Savona (Trento University, Italy), an could be complacent about organized crime. The internationally recognized expert on organized crime. phenomenon was popularly associated with only a Working closely together with Mr. Michael DeFeo, few groups and countries, such as the Italian mafia Senior Counsel for International Law Enforcement, and the La Cosa Nostra in the United States. US Department of Justice, and with the aid of However, law enforcement officers were already then research assistants Sabrina Adamoli and Paola Zoffi well aware of the growing threat of the cocaine (Transcrime), he has prepared the present report. cartels in Latin America, the Chinese Triads, the Japanese Yakuza and other groups around the world. Since the responses came over a number of years (1991 through 1994), time and the rapid developments There is far less complacency today, especially in have already changed the situation reflected in them. Europe. The rapid emergence and demonstrated An expanded and updated report is being prepared by strength of organized crime groups in Eastern Professor Savona and Mr. DeFeo for publication by European countriesas ,;veil ~as theevident links being L HEUNI later in !995.:However, given the importance forged in Europe aswell as elsewhere among the of this issue for example at the Ninth United Nations world's different criminal organisations have forced Congress on the Prevention of Crime and the countries to reassess the effectiveness of their :" Treatment of Offenders (Cairo, 29 April - 8 May legislation and practice. With this comes a new 1995) and the fourth session of the United Nations realization of the importance of international Commission on Crime Prevention and Control cooperation, both when dealing with the investigation, (Vienna, 20 May - 9 June 1995), HEUNI takes prosecution and adjudication of individual cases, and pleasure in publishing the report already at this time. when acting together to strengthen the infrastructure of the criminal justice systems. As noted in the introduction to the report, it is based primarily on the responses from some 50 member The World Ministerial Conference on Organized States, supplemented by documentation gathered by Transnational Crime, held at Naples from 21 to 23 Transcrime. The information covers most of those November 1994, formulated the Naples Political countries that have long experience with the Declaration and Global Action Plan against Organized prevention and control of organized crime, and thus Transnational Crime, subsequently adopted by the will be of considerable benefit world-wide. Law General Assembly of the United Nations. Much of the enforcement agencies and researchers in countries not Global Action Plan calls for States to draw on the covered by this report are kindly requested to contact experience of other States in developing legislation, Professor Savona in order for inclusion of their practice and international cooperation. countries in the final report. (Contact address: Transcrime, Research Group on Transnational Crime, At the end of the 1980s, the European Institute for School of Law, University of Trento, Via Inama 5, Crime Prevention and Control, affiliated with the 38100 Trento, Italy; tel. +39 - 461 - 882304, fax +39 United Nations (HEUNI) undertook on its part the - 461 - 882303, e-mail [email protected]) direct promotion of international cooperation in this field. In October 1991, HEUNI organized an We would like to thank the responding countries for International Seminar o n OrganizedCrim e at Suzdal, having provided us with the benefit of their Russian Federation. The meeting was attended by law experience. Our special thanks go to the authors for enforcement officials and experts from 15 countries their insightful analysis of trends in transnational around the world, and by ICPO/Interpol. organized crime, information which has so far been available 0nly in scattered documents. In preparation for this meeting, HEUNI sent a questionnaire to ten countries on the manifestation Helsinki, 28 March 1995 and the control of organized crime. Following the meeting, the questionnaire was translated into a Matti Joutsen number of languages and sent to 160 countries, with Director, HEUNI HEUNI Papers No. 6 2 Ernesto U. Savona TABLE OF CONTENTS Introduction and Organisation of this Report 4 PART ONE: INTERNATIONAL TRENDS AND POLICIES • . , , . 1. Transnational Criminal Organisations 5 '. The Activities , 3. Trends in Transnational Criminal Organisations 8 3.1. Italian Mafia 8 ~ • 3.2. Russian Organised Crime 9- 3.3. Chinese Triads 10 3.4. Japanese Yakuza 10 3.5. Colombian Cartels ., 11 3.6. Nigerian Criminal Organisations . 12 .4. International Policies in Combating Transnational Organised Crime 13 PART TWO: COUNTRY ANALYSIS 5. Profiles of Organised Crime around the World 16 5.1. Country Profiles 16 5.2. Convergences and Divergencies in Criminal Organisations and Activities 24~ 6. Substantive Legislation 25 6.1. Country Profiles 25 6.2. Convergences and Divergencies in Substantive Legislation 30 7. Procedural Legislation 32 7.1. Country Profiles .... 32 7.2. Convergences and Divergencies in Procedural Legislation 38 . Law Enforcement Methods .: 40 8.1. Country Profiles • , L i, 40 • 8.2. Convergences and Divergencies in Law Enforcement Methods 43 . Organisational Structures 43 9.1. Country Profiles • 43 9.Z Convergences and Divergencies in Organisational Structures 46 10. International Co-operation .: 46 10.1 Country Profiles .. .- 46 Conclusions 50 Notes 51 HEUNI Papers No. 6 3 Ernesto U. Savona INTRODUCTION AND ORGANISATION OF ~ ones. It is necessary to carefully monitor the THIS REPORT development of these groups in order to understand how to adjust contrasting strategies. As is often the case, comparative surveys point Out that looking at This report provides a preliminary analysis of the data the experience of one country can be useful for others resulting from an international survey commissioned in helping them tO avoid repeating the same mistakes for the European Institute for Crime Prevention and and to improve their strategies. These are complex Control, affiliated with the United Nations (HEUNI), policies, based on different levels which range from which is based in Helsinki. The first part of the the preventive to the criminal strategies, aiming at a research consisted in the preparation of a series of objectives and goals. They need to be questionnaire by a small number of experts, introduced with great flexibility, in order to avoid a circulatiori of the questionnaire to ten countries, the rigidity .which often proves harmful in the long term. discussion of the results at a seminar in Suzdal Strategies and policies need to be assessed in relation (Russian Federation), and finally the translation of the to the goals they have' achieved. questionnaire into various languages and its distribution to 160 countries with the collaboration of Although it is premature to infer types of criminal Interpol. So far around 50 responses have been groups operating all over the world, Part One of this received..Since the elaboration of a single general report gives a tentative definition of Transnational definition of organised crime proved to be impossible, Organised Crime, outlining the major groups and the the individual respondent countries were left free to activities in which they are engaged. This is followed indicate what it considers as organised crime. by an excursus on international co-operation among states. Recent trends in development are cOnsidered in This report analyses the relations between organised both cases. crime and legislative and investigative strategies which aim at its control. Together with the analysis of On the basis of the responses to the 'HEUNI the aspects referred to above, this report will questionnaire, which are explained at the beginning of concentrate on the contrasting policies