COMPARAT COMPARATIVE IVE POLICE SYSTEM
Comparative - Denotes the degree or grade by which a person, thing, or other entity has a property or quality greater or less in extent than that of another.
Police - A police service is a public force empowered to enforce the law and to ensure public and social order through the legitimied use of force. “Police is the public and the public is the police”- !ir "obert Peels
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!ystem - A combination of related elements that is functioning as a whole in order to achieve a single goal or ob#ective.
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Comparative Police !ystem - Process of outlining the similarities and differences of one police system system to another another in order to discover insights in the field of international policing. $t is the science and art of investigating and comparing the police system of nations. $t covers the study of police organiations, trainings and methods of policing of various nations.
hy Compare!
Crime has become a global a global phenomenon. phenomenon. bilateral ral and %ransn ansnat atio iona nall crim crimes es cros crosss bord border erss and and the the need eed for for bilate international cooperation become imperative.
"O TO COMPA CO MPARE! RE! SAFARI SAFARI METHOD researcher #isits another country. country. O!!O"ORATI#E METHOD researcher comm$nicates with foreign researcher T"EORIES I% POLICI%& SYSTEM "OMER'LE T"EORY CO%TI%E%TAL T"EORY Police Policemen men are ser#ant of higher • Polic Policeme emen n are are ser#a ser#ants nts of the the • comm$nity a$thority . %hey #ust follow the wishes of top • Effec fecti#e i#eness ess of polic oliceemen men • depends depe nds on the e(press e(press )ishes )ishes official of the government of the people* CO%TI%E%TAL+ OL, MO,ER% SYSTEM POLICI%& The yardstic- of the efficiency %he yardstic& of police efficiency of the police is determined .y is the absence or lesser occurrence the n$m.er of arrest* of crimes. P$nishment is the sole Police omnipresence is considered as the tool or instrument in crime instr$ment of crime control* prevention.
%'"(( !%)*(! + P+*$C$ /. Legalistic - $t emphasies on helping the community, as opposed to enforcing the law. 0. atchman - $t emphasies on informal means of resolving disputes. 1. Ser#ice - $t emphasies the use of threats or actual arrests to solve disputes.
&lo.ali/ation $t is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. %his process has effects on the envi enviro ronm nmen ent, t, on cult cultur ure, e, on poli politi tical cal syste systems ms,, on econo economi micc deve develo lopm pment ent and and prosperity, and on human physical physical well-being in societies around the world. $t is a pac&age of translational flow of people, production, investment, information, ideas, and authority. 23. arcia4 0asic 1acts A.o$t the Continents Continent Land Area 2s3$are -m4 Asia 51,607,777 (urope /7,/67,777 Africa 17,187,777 orth America America 05,597,777 !outh America /8,657,777 Australia 9,776,:77 Antarctica /1,807,777 Effects of &lo.ali/ation to La) Enforcement Enforcement 2V* ,elos Santos4
/. %he facilitation of transnational crimes and criminals can be easily achieved. 0. %here is a need for transnational policing. %he cooperation among police organiations in the world is vital. 1. %raining instructions for incoming law enforcement officers must include advance computer to prepare them as cyber cops so they can be better prepared to deal with cyber crimes. 5. Development of new strategies to deal with international organied crimes is a must. :. Provisions of law enforcement with updated legislations related to moderniation theories of crime. Threats of glo.ali/ation on la) enforcement5 /. $ncre $ncreasi asing ng volu volume me of huma human n righ rights ts viol violat atio ion n evid eviden entt by geno genoci cide de or mass mass &illing. 0. %he %he unde underp rpri rivi vile lege ged d gain gain unfa unfair ir acce access ss to glob global al mech mechan anis ism ms on law law enforcement and security. s ecurity. 1. Conf Confli lict ct betw between een nati nation ons. s. 5. %ran %ransn snat atio iona nall crimi criminal nal netw networ or&s &s for for drug drug traff traffic ic&i &ing ng,, mone money y laun launde deri ring ng,, terrorism, etc.
Effects of glo.ali/ation on "$man Rights5 6 %he effect of globaliation on state-based human rights violations will depend on the type of state and its history. ; $n general, analysts of globaliation find that states< international integration improves security rights, but increases inequality and threatens the social rights and citiens. ; indings on the effectiveness of the international pressure on state human rights policy suggests that target states must be structurally accessible, internationally sensitive, and contain local human rights activists for linkage.
Theories of Comparati#e Policing 7* Alertness to crime theory* $s that as a nation develops, people
Societal Type and Police System %here are four &inds of societies in the world= 2/4 fol&-communal societies, which are also called primitive societies> 204 urban-commercial societies, which rely on trade as the essence of their mar&et system> 214 urban-industrial societies, which produce most of the goods and services they need without government interference> and 254 bureaucratic societies, or modern post-industrial societies where the emphasis is upon technique or the ?technologiing@ of everything, with the government ta&ing the lead. Fol$-co%%unal societ& - has little codification of law, no specialiation among police, and a system of punishment that #ust let things go for awhile without attention until things become too much, and then harsh, barbaric punishment is resorted to. Classic examples include the early "oman gentiles, African and 3iddle eastern tribes, and Puritan settlements in orth America. 'rban-co%%ercial societ& has civil law 2some standards and customs are written down4, specialied police forces 2some for religious offenses, others for enforcing the Bing
!ome people also tal& about a fifth type= Post-%odern societ& , where the emphasis is upon the meaning of words and the deconstruction of institutions. Developing countries tend to be lumped into the first two 2/4 and 204 types, and the study of culture becomes more important in these contexts. Developed countries tend to be the last two 214 and 254 types, and the study of structure becomes more important. %he study of culture involves the study of customs and fol&ways of the people. %he study of social structure involves the study of institutions, li&e economic and political systems. #ariable a((ectin) S&ste% o%parison on Police S&ste%
3any comparativists romanticie the fol&-communal society or its low crime rates as well as the way most quarrels and conflicts are settled privately. 'owever, fol&
societies are also &nown for ?lumping it@ which is the process of letting things go on longer until it
Types of Police Systems $t is the consensus of experts that there are four types of criminal #ustice systems in the world= a. b. c. d.
Common Civil !ocialist $slamic
%his classifies all /6: nations in the world. $t is important to compare nations that have similar legal traditions because crimes may not be defined the same. $nterpol and the .. have dealt with this problem for years. (ven something as simple as murder is defined differently by different nations. $n some countries, crime data is based on offenses &nown to police, and in other countries, statistical data is based on convictions. Certain countries 2such as those in Central Africa4 do not even collect crime statistics. $n other countries 2mostly socialist ones4, crime statistics are collected, but the data are classified. $t is also difficult to compare punishments, since in some countries, the family members of the offender are punished, and the range of punishments includes such things as stoning and mutilation. o%%on la* s&ste%s are also &nown as Anglo-American #ustice and exist in most (nglish-spea&ing countries of the world, such as the .!., (ngland, Australia, and ew Eealand. %hey are distinguished by a strong adversarial system where lawyers interpret and #udges are bound by precedent. Common law systems are distinctive in the significance they attach to precedent 2the importance of previously decided cases4. %hey primarily rely upon oral systems of evidence in which the public trial is a main focal point. hild la* s&ste%s are also &nown as Continental #ustice or "omano-ermanic #ustice, and practiced throughout most of the (uropean nion as well as elsewhere, in places such as !weden, ermany, rance, and apan. %hey are distinguished by a
strong inquisitorial system where less right is granted to the accused, and the written law is ta&en as gospel and sub#ect to little interpretation. or example, a rench maxim goes li&e this= ?$f a #udge &nows the answer, he must not be prohibited from achieving it by undue attention to regulations of procedure and evidence.@ Fy contrast, the common law method is for a #udge to at least suspend belief until the event of a trial is over. *egal scholarship is much more sophisticated and elitist in civil law systems, as opposed to the more democratic common law countries where #ust about anybody can get into law school. "omano-ermanic systems are founded on the basis of natural law, which is a respect for tradition and custom. %he sovereigns, or leaders, of a civil law system are considered above the law, as opposed to the common law notion that nobody is above the law. Socialist s&ste%s are also &nown as 3arxist-*eninist #ustice, and exist in many places, such as Africa and Asia, where there had been a Communist revolution or the remnants of one. %hey are distinguished by procedures designed to rehabilitate or retrain people into fulfilling their responsibilities to the state. $t is the ultimate expression of positive law, designed to move the state forward toward the perfectibility of state and man&ind. $t is also primarily characteried by administrative law, where non-legal officials ma&e most of the decisions. or example, in a socialist state, neither #udges nor lawyers are allowed to ma&e law. *aw is the same as policy, and an orthodox 3arxist view is that eventually, the law will not be necessary. Isla%ic s&ste%s are also &nown as 3uslim or Arabic #ustice, and derive all their procedures and practices from the interpretation of the Boran. %here are exceptions, however. Garious tribes 2such as the !iwa in the desert of orth Africa4 are descendants of ss
Police System #s* Criminal >$stice System Hith these influences of societal systems, Police S&ste% and ri%inal +ustice S&ste%s around the world varies depending on the &ind of legal system. Hith the exceptions of apan and the Common *aw nations, few countries hold their police officers accountable for violations of civil rights. $n !ocialist and $slamic countries, the police hold enormous political and religious powers. $n fact, in such places, crime is always seen as political crime or co-occurring religious problem.
Comparati#e Co$rt System ourt S&ste%s of the world are of two types= Ad,ersarial where the accused is innocent until proven guilty. %he .!. adversarial system is unique in the world. o other nation, not even the .B., places as much emphasis upon determination of factual guilt in the courtroom as the .!. does. In.uisitorial where the accused is guilty until proven innocent or mitigated, have more secret procedures. +utside the .!., most trials are concerned with legal guilt where everyone &nows the offender did it, and the purpose is to get the offender to
apologie, own up to their responsibility, argue for mercy, or suggest an appropriate sentence for themselves.
Comparati#e Correctional System Correctional systems worldwide can be easily distinguished by whether they support corporal punishment 2beatings4 or not. !ome so-called ?civilied@ countries claim they are better than the .!. because they don
Comparati#e >$#enile >$stice System uvenile ustice !ystems vary widely. !cotland has the toughest system, regularly sentencing #uveniles to harsh boot camps with a strict military regimen and forced labor. ermany has a #uvenile #ustice system similar to the .!, where more emphasis is upon education as punishment.
Moderni/ation #ers$s Colonial Thesis %he idea that technology produces common effects which tend to ma&e all nations increasingly similar is the modernization thesis 2!helley /96/4. $n this view, the developing countries are destined to go through the same crime and control patterns s the developed nations have gone through. %his pattern mainly involves a s&yroc&eting increase in property crime, the hallmar& of industrial society. $t also involves more female emancipation, and certain problems arise from this, not the least of which is a bac&lash of male violence. %he implication of the moderniation thesis is that developed countries, li&e the .!., ought to reach out, and help developing countries manage or regulate the inevitable stages they will have to go through. +pposed to this idea is the underdevelopment, or colonization thesis 2!umner /9604 which holds that it is the most advanced, developed nations in the world which cause crime in dependent %hird Horld nations. Corporations, for example, are allowed to pillage raw materials and resources in the %hird Horld. *i&ewise, most of the developed nations do not engage in free trade. $nstead, they subsidie their farmers and producers at home, prohibit the import of cheap, foreign-made products, and ma&e their money by saturating foreign mar&ets with luxury goods that create a sense of rising expectations or unreachable aspirations in the %hird Horld. %here is little debate, however, over the importance of urbaniation. Comparative criminologists believe urbaniation is the primary cause of violent crime in any society 2Archer I artner /9654. Hhen citiens migrate to the cities, &inship and community ties are bro&en, and a sense of anonymity and impersonality develops. !ome of this impersonality is inherent to the nature of industrial and bureaucratic wor&, but the problem in the cities appears to be the problem of income inequality,
where vast numbers of poor people live in fairly close concentration to wealthier people, or those who are on the verge of ?ma&ing it@ economically.
2International Police4 - %he largest international police organiation in the world, located in Lyon France, with ational Central Fureaus in 190 member countries. (1 in !010" The Interpol is compromised of the ff* .odies5 /. eneral Assembly 0. (xecutive Committee 1. eneral !ecretariat 5. ational Central Fureaus :. Advisers J. %he Commission for the Control of $%("P+*
are organi/ation?s fo$r official lang$ages! Arabic (nglish rench !panish
The I%TERPOL %otices System An $nterpol notice or international notice is issued by $nterpol to share information between its members. o "ed otice - %o see& the arrest or provisional arrest of wanted persons with a view to extradition. o Flac& otice - %o see& information on unidentified bodies. o )ellow otice - %o help locate missing persons, often minors, or to help identify persons who are unable to identify themselves. o Flue otice - %o collect additional information about a person
Police Training /. Carry out tailored $-05K8 user training courses worldwide according national needs. 0. +rganie CF staff training courses for national officers wor&ing at $%("P+* ational Central Fureaus on a regional and language basis. 1. +rganie $%("P+* awareness seminars at the request of member countries. 5. $nform crime programme managers of training requirements in their area. :. (xchange of good practice between CFs 2ational Central Fureaus4
The I/TERPO! is co%prised o( the ((0 bodies1 7* T"E &E%ERAL ASSEM0LY
$%("P+*
8* T"E E@EC'TIVE COMMITTEE
$t comprises /1-member committee which is elected by the eneral Assembly. %he (xecutive Committee is $%("P+*
9* &E%ERAL SECRETARIAT $t coordinates the international activities of member countries, holds a library of international criminal records, and organizes regular meetings at which delegates can exchange information on police wor&. %he eneral !ecretariat operates ! hours a day, )*+ days a year. :* %ATIO%AL CE%TRAL 0'REA'S 2%C04 %he CF is the designated C+%AC% P+$% for the eneral !ecretariat, regional offices and other member countries requiring assistance with overseas investigations and the location and apprehension of fugitives. (ach $%("P+* member country maintains a ational Central Fureau staffed by national law enforcement officers.
%ational Central 0$rea$ Manila C'A$"3AM Director eneral Philippine ational Police 3(3F("!= Director, ational Fureau of $nvestigation Commissioner, Fureau of Customs Commissioner, Fureau of $nternal "evenue Commissioner, Fureau of $mmigration overnor, Fang&o !entral ng Pilipinas (xecutive Director, Dangerous Drug Foard ;* A,VISERS %hese are experts in a purely advisory capacity, who may be appointed by the (xecutive Committee and confirmed by the eneral Assembly. <* COMMISSIO% 1OR T"E CO%TROL O1 I%TERPOL?S 1ILES 2CC14 %o ensure that the processing of personal information by $%("P+* complies with the +rganiationLs regulations, %o advise $%("P+* on any pro#ect, operation, set of rules or other matter involving the processing of personal information and %o process reuests concerning the information contained in $%("P+*Ls files
STRATE&IC PRIORITIES of I%TERPOL /. !ecure global communication system. 0. 05K8 support to policing and law enforcement. 1. Capacity Fuilding 5. Assisting member countries in the identification of crimes and criminals. CORPORATE PRIORITIES /. (nsure organiational health and sustainability. 0. $nstitutional and legal support. Crime Areas /. Corruption 0. Crimes against children 1. Cyber crime 5. Drugs :. (nvironmental crime J. inancial crime 8. irearms 6. ugitive $nvestigation 9. 3aritime piracy /7. +rganied crimes
//. Pharmaceutical Crime /0. %errorism /1. %raffic&ing in 'uman Feings /5. %raffic&ing in illicit goods /:. Gehicle Crime
&eneral Re3$irements5 Applicants m$st5
N N N N N N
N
N N N
Fe nationals of one of the +rganiationLs member countries> Fe /6 years of age or older> 3eet the requirements for the post as defined in the vacancy notice> 'ave a relevant degree, diploma or appropriate training 2for the ma#ority of posts, this should be at the university level4> 'ave previous relevant professional experience> 'ave an excellent command of (nglish> a good &nowledge of rench is desirable and sometimes essential for certain posts> some &nowledge of the +rganiationLs other wor&ing languages 2!panish or Arabic4 is often helpful> $ndicate the level of command of each language when filling out the Application orm= 3other %ongue Professional luency= Able to converse actively at high level of fluency and prepare reports and papers. Hor&ing Bnowledge= Able to follow wor&-related discussions, use the telephone, and understand documents 2grammar may be uncertain4. *imited Bnowledge= Able to understand simple conversations and written texts. Fasic= !ome &nowledge, but unable to wor& in the language. o s&ills Fe able to use modern computer technology> Fe able to adapt to a multicultural and multilingual wor&ing environment> 'ave the ability to wor& as a member of a team.
P"ILIPPI%E CE%TER O% TRA%S%ATIO%AL CRIME 2PCTC4 2E*O* <84 $ts mission was to formulate and implement a concerted program of action of all law enforcement and government agencies for the prevention and control of transnational crimes. I%TER%ATIO%AL ASSOCIATIO% O1 C"IE1S O1 POLICE 2IACP4 %he worldLs oldest and largest nonprofit membership organiation of police e(ec$ti#es . $ACPLs leadership consists of the operating chief executives of international, federal, state and local agencies of all sies. The c$rrent em.lem of Interpol )as adopted in 7B; and according to their )e.site has the follo)ing sym.olism5 N the globe indicates worldwide activity N the olive branches represent peace N the s-ord represents police action N the scales signify #ustice
The #ision5 OConnecting police for a safer worldO. The mission5 OPreventing and fighting crime through enhanced international police cooperationO. All /97 $%("P+* member countries are connected through a secure communications system &nown as $-05K8. %his gives police real-time access to criminal databases containing millions of records. +ur unique system of otices is used to alert member countries to fugitives, dangerous criminals, missing persons or weapons threats
'nited %ations ;
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An international organiation whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace. $t was founded in ctober !, 19+ after Horld Har $$ to replace the League of /ations, to stop wars between countries, and to provide a platform for dialogue. %he nited ations 'eadquarters resides in international territory in /e- ork 'ity, with further main offices at eneva, airobi, and Gienna. Composed of 234 mem.er states*
,ifference .et)een the Official Lang$ages of Interpol and 'nited %ations I%TERPOL
'%ITE, %ATIO%S
/. Arabic 0. (nglish
/. Arabic 0. (nglish
1. rench
1. rench
5. !panish
5. !panish :. Chinese J. "ussian
Principal Or)ans o( the '/ITED /ATIO/S1 7* &eneral Assem.ly 3ay resolve non-compulsory recommendations to states, or suggestions to the !C 2not a Parliament4 Decides on the admission of new members, on proposal of the !C Adopts the budget (lects the non-permanent members of the !C, all members of (C+!+C, on the proposal of the !C the !ecretary eneral, and the /: #udges of the $C
Hhen the eneral Assembly votes on important questions, a t-o$thirds ma#ority of those present and voting is required. 8* Secretariat *ocated in ew )or& City 'eaded by the !ecretary-eneral, assisted by a staff of international civil servants worldwide. $t provides studies, information, and facilities needed by nited ations bodies for their meetings. $t also carries out tas&s as directed by the !ecurity Council, the eneral Assembly, the (conomic and !ocial Council, and other bodies. !ecretary-eneral, who acts as the de facto spo&esperson and leader of the . %he current !ecretary-eneral is Fan Bi-moon, who too& over from Bofi Annan in 0778 and has been elected for a second term to conclude at the end of 07/J 9* International Co$rt >$stice 'ague etherlands %he $nternational Court of ustice 2$C4 is the primary #udicial organ of the nited ations. (stablished in /95: by the nited ations Charter, the Court began wor& in /95J as the successor to the Permanent Court of $nternational ustice. :* Economic Social Co$ncil %he (conomic and !ocial Council 2(C+!+C4 assists the eneral Assembly in promoting international economic and social cooperation and development. (C+!+C has :5 members, all of which are elected by the eneral Assembly for a three-year term %he president is elected for a one-year term and chosen amongst the small or middle powers represented on (C+!+C. (C+!+C meets once a year in uly for a four-wee& session. ;* Tr$steeship Co$ncil %rusteeship Council is authoried to examine and discuss reports from the Administering Authority on the political, economic, social and
educational advancement of the peoples of %rust %erritories and, in consultation with the Administering Authority, to examine petitions from and underta&e periodic and other special missions to %rust %erritories. D$alifications of '% Peace-eepers5 Professional Category N high degree of analytical s&ills N communication s&ills N substantive expertise andKor managerial leadership ability N Applicants are required to have a first level university degree from an accredited university or institution N An advanced degree may be required for some functions, as specified in the Gacancy Announcement. N A combination of relevant academic qualifications and extensive experience may be accepted in lieu of the advanced university degree. 1ield Ser#ice Category Applicants are required to have a high school diploma or equivalent, some positions may require a technical or vocational certificate. Lang$age no)ledge (nglish and rench are the wor&ing languages of the nited ations !ecretariat. luency in (nglish or rench is required, &nowledge of additional official languages 2Arabic, Chinese, (nglish, rench, "ussian, !panish4 is an advantage.
Participation of P%P Personnel in '% Peace-eeping Mission 6
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Secondment %he movement of an employee from department or agency to another which is temporary in nature and which may or may not require issuance of an appointment which may either involve reduction or increase in compensation A secondment is where an employee temporarily transfers to another #ob for a defined period of time for a specific purpose, to the mutual benefit of all parties. A secondment #ob can be full-time, part-time or #ob share. %o be eligible for deployment into the peace-&eeping missions, the police commissioned officer of the PP should have the ran& of SE%IOR I%SPECTOR . %o be eligible for deployment into the peace&eeping missions, what should be the age range of the applicantsM - 8;F;9 yrs old %wo special s&ills of PP applicants qualifying him for deployment to the peace&eeping missions= - Comp$ter literacy and dri#ing Hhen the tour of duty in the mission is for a period of / year, the approving authority should be Chief P%P. nder the priority list, PP personnel who passed the !A% (xamination but without previous 3ission deployment shall be 7st Priority .
'% Special Action Team 2'%SAT4
A&E RED'IREME%T 3ust not be less than 0: years old or more than :1 years old upon actual deployment. RA% RED'IREME%T N or Police Commissioned +fficers 2PC+s4= - P!$!P N or Police on-commissioned +fficers 2PC+s4= - P+1
All applicants must have been appointed in permanent status in their respective present ran&s.
SERVICE RED'IREME%T inimum of + years of active police service 2excluding cadetship, officer orientationKtrainee course, and police basic course4
P"YSICAL RED'IREME%T Passed the latest Physical itness %est 2P%4 conducted by the PP D'"DD, as well as medical, dental, and neuropsychiatry e&aminations.
SPECIAL SILLS %EE,E, 'omputer Literacy 2euirement 3riving 4roficiency 2euirement
'%IT RECOMME%,ATIO% RED'IREME%T ust be recommended by 5nit 'ommanders 2Command roup or Directors of their respective Directorial !taff, ational !upport nits, or Police "egional +ffices4.
OT"ER RED'IREME%TS5 /. 3ust hold a Performance (valuation "ating 2P("4 with a minimum Gery !atisfactory evaluation for two 204 consecutive rating semesters. 0. 3ust not have been repatriated from any previous mission for disciplinary reasons. 1. 3ust not have been convicted of any administrative or criminal offense> have no pending administrativeKcriminal cases in any bodyKtribunalKcourt. 5. o applicant should be a -itness to any administrativeKcriminal case, especially those covered by "epublic Act 9/J:, or a summary hearing officer with unresolved cases. TERM O1 ,EPLOYME%T All PP personnel who are deployed as part of the Peace&eeping 3ission shall have one 2/4 year tenure, extendable to J months.
ASEA%APOL 2Asean Chief of Police4 Has established in /96/ and became the premier regional platform for all the heads of Asian national police forces to interact as well as to discuss, exchange views and update each other on the latest development in law enforcement and transnational issues in their respective countries. After 05 years, it has grown from : police chiefs to a solid force of the A!(A %(, signaling the emergence of a regional alliance that is determined to secure not only our own individual sovereignties but also the peace and progress of our community. ASEA%APOL Mem.ers5 $ndonesia o o 3alaysia o Philippines o !ingapore %hailand o
o o o o o
Cambodia 3yanmar *ao PD" Gietnam Frunei Darussalam
hat are the o.Gecti#es of the ASEA%APOL! /. (nhancing police professionalism 0. orging "egional cooperation in police wor& 1. Promoting lasting friendship among the police officers of A!(A countries.
E'ROPIA% POLICE O11ICE 2E'ROPOL4
(uropol is the (uropean nionLscriminal intelligence agency. $t became fully operational on / uly /999. (uropolLs aim is to improve the effectiveness and co-operation between the competent authorities of the member states primarily by sharing and pooling intelligence to prevent and combat serious international organied crime.
I%TER%ATIO%AL ASSOCIATIO% O1 C"IE1S O1 POLICE 2IACP4
%he worldLs oldest and largest nonprofit membership organiation of police executives, with over 07,777 members in over 69 different countries. $ACPLs leadership consists of the operating chief executives of international, federal, state and local agencies of all sies. "$man traffic-ing is the acquisition of people by improper means such as force, fraud or deception, with the aim of exploiting them.
Sm$ggling migrants involves the procurement for financial or other material benefit of illegal entry of a person into a !tate of which that person is not a national or resident.
Transnational Crime ; 6 -orking definition of transnational crime7 Crime that impacts on more than one #urisdiction. ei one country to another ; 6dapted from the 5nited /ations 'onvention on #ranslational rganised 'rime7 Committed by +rganied criminal groups that have a home base in one state, but cooperate in one or more host states where there are favorable mar&et opportunities. Hell &nown types 5 drugs, economic, people smuggling, money laundering, environmental Hhat about= people traffic&ing, sea piracy, arms traffic&ing, precursor chemicals terrorism and the crimes that underpin or facilitate terrorism Crossing of borders by= people - criminals, fugitives and victims things - commodities intent - traffic, defraud, circumvent etc Hith international recognition of the crime= Conventions, %reaties and *aws Philippine E(perience 'uman %raffic&ing and !muggling 3oney *aundering !mall Arms and *ight Heapons •
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%errorism Drug %raffic&ing !exual !lavery Cyber Crime
"$man Traffic-ing N 'uman %raffic&ing involves the recruitment, transport, harboring, or sale of persons, within or across national borders, for the purpose of exploiting their labor. N %raffic&ed persons are also victims of organ removal and sale. N 8uman trafficking is the acquisition of people by improper means such as force, fraud or deception, with the aim of exploiting them. N muggling migrants involves the procurement for financial or other material benefit of illegal entry of a person into a !tate of which that person is not a national or resident. "$man Traffic-ing and "$man Sm$ggling N 'uman %raffic&ing - sually involves coercion
- Characteried by subsequent exploitation after the illegal entry of a person into a foreign country. - Considered a human rights issue
N
'uman !muggling - sually does not involve coercion. - Characteried by facilitating, for an illegal entry of a person into a foreign country - Considered a migration concern
P"ILIPPI%E ,OMESTIC LAS N Rep$.lic Act %o* B8H -?Anti-traffic&ing in Persons Act of 0771@. N Rep$.lic Act %o* =<7 -?!pecial Protection of Children Against Abuse, (xploitation and Discrimination Act@. N Rep$.lic Act %o* H:8 -?3igrant Hor&ers and +verseas ilipino Act@ N Rep$.lic Act %o*
#he most common destination for victims of human trafficking are #hailand, :apan, ;srael,
ILLE&AL RECR'ITME%T R*A* H:8 ;llegal 2ecruitment shall mean any act of canvassing, enlisting, contracting, transporting, utiliing, hiring or procuring of wor&ers which includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when underta&en by a non-license or non-holder of authority
odus perandi of ;llegal 2ecruiters N %ourist Hor&er !cheme N (scort !ervices N Flind Ads N Fy Correspondence N Fac&door (xit N Assumed identity N %rainee-Hor&er !cheme N Gisa Assistance or $mmigration Consultancy !cheme N Camouflaged participantsKrepresentatives in seminarsKsports events N 3ail +rder Fride !cheme N %ie-p or Babit !ystem AD+P%$+ 3(%'+D N Adoption of Children to smuggle out of the country> N oreigners will pretend to adopt them> but the reality, they will be sold to= -labor mar&ets -Prostitution dens A3$*) %+"! N +rganied by unscrupulous travel agency to have one>bogus family?@ N !omebody will pretend as parents> and N Children will use tampered documents to complete the bogus family. FACBD++" (Q$% N 3A$*A PA*AHA BDA%, 3A*A)!$A N 3A$*A PA*AHA CAA)A D( +"+ %AH$-%AH$ !ADABA B+%A B$AFA* Money La$ndering Conversion or transfer of property &nowing that such p roperty is derived from a criminal offense, for the purpose of concealing or disguising the illicit origin or the property, or assisting any person who is involved in the commission of such offense, or offenses, to evade legal consequences of his action> 2 Definition 5 3oney laundering suggests a cycle of transactions in which the illegitimate dirty money comes out clean after being processed into a legitimate legal source. 2airchild, 077/4 %he monetary proceeds of criminal activity are converted into funds with an apparent legal source. 23anel, /99J4
?%he process of converting cash, or other property, which is derived from criminal activity, so as to give it the appearance of having been obtained from a legitimate source.@ 4hilippine 3efinition (6L6 ection " (2.6. 91*0 Anti 3oney *aundering Act of the Philippines " is a crime whereby the proceeds of unlawful activity are transacted, thereby ma&ing them appear to have originated from legitimate source. ?%"$ + D$"%) 3+() $%+ C*(A 3+()@
P*AC(3(% - Process of moving money from the location of the criminal activity - etting currency into the ban&, around the reporting system, at home or abroad. - ?!murfing@ *A)("$ - $nvolves the frequent series of money transfers and transactions used to ?cover the trac&s@ of the illegal funds. - >8eavy soaping? - %he use of the electronic methods is the most cost effective layering $%("A%$+ - Hhen the money is returned to the regular economy through purchase of investment. - %he launderer then ma&es the proceeds available to the criminals in an apparently legitimate form. $ >spin dry? LOA% S"ARI%& $t refers to the lending of money at excessively high rates of interest.
*+A !'A"B$ (3F"AC(! %H+ C(%"A* (A%"(! N %he assessment of exorbitant interest rates in extending credit and> N %he use of threats and violence in collecting debts*
SMALL ARMS A%, LI&"T EAPO%S ARMS SM'&&LI%& N >Firearms - includes rifles, mus&ets, carbines, shotguns, revolvers, pistols and all other deadly weapons from which a bullet, ball, shot, shall or other missile maybe discharged by means of gun powder or other explosives. #he barrel of firearms shall be considered complete firearms.@ --- PD /6JJ= TERRORISM %he systematic use of terror, especially as a means of coercion. $t refers only to those acts which are= /. $ntended to create fear 0. Are perpetrated for ideological goal 1. Deliberately target non-combatants !imply a means to end, not an end in itself> Accomplish nothing in terms of goal> Aims at obtaining a response that will achieve po litical goals> Aimed not so much at the target upon which the initial act is committed, but to a much wider audience who will view and interpret the act
".A. 9180 %he 'uman !ecurity Act of 0778 !ec 1. Any person who commits an act punishable under any of the following provisions of the revised penal code /. Art /002Piracy and 3utiny4 0. Art /15 2"ebellion and $nsurrection4 1. Art /15-a 2Coup d etat4 5. Art 056 23urder4 :. Art 0J8 2Bidnapping and serious illegal detention4 J. Art 105 2Crimes $nvolving Destruction4 +r under 8. PD /J/1 2%he *aw on Arson4 6. ".A. J9J9 2%oxic !ubstance Control Act4 9. ".A. :078 2Atomic (nergy "egulatory Act4 /7. ".A. J01: 2Anti 'i#ac&ing *aw4 //. PD :10 2 Anti Piracy and 'ighway "obbery4 /0. PD/6JJ 2$llegal Possession of ire Arms4 %hereby sowing and creating a condition of widespread and extraordinary fear and panic among populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of 57 years of imprisonment without the benefit of parole as provided for under Act 5/71, otherwise &nown as the indeterminate sentence law, as amended. CA%(+"$(! + %(""+"$!% "+P! A terrorist group
security planners for terrorist targets, and is sophisticated intelligence and weaponry. %errorist groups are divided into three categories= a. on-state supporter A terrorist group that operates autonomously, receiving no support from any government. b. !tate supported A terrorist group that operates alone but receives support from one or more governments. c. !tate directed A terrorist group that operates as a great government, receiving substantial intelligence logistic operational support ,r$g Traffic-ing %he illegal drug trade or drug traffic&ing is a global blac& mar&et consisting of the cultivation, manufacture, distribution and sale of illegal drugs. Se($al Sla#ery $t refers to the organied coercion of unwilling people into various different sexual practices. $t encompasses most if not all forms of forced prostitution. Prostit$tion
%he act or practice of providing sexual services to another person in return for payment. People who execute such activities are called prostitutes. Prostitution is one of the branches of the sex industry. %he legal status of prostitution varies from country to country, from being a punishable crime to a regulated profession. Described as the ?worldLs oldest profession@
Cy.er Crimes Garious types of offending behavior directed against computer systems, networ&s or data. Crimes committed with the use of information technology where computer, networ&, internet is the target where the internet is the place of activity. "A 6890 -(lectronic Commerce Act "A 6565 Access Device Act "A /7/8:- C)F("C"$3( P"(G(%$+ AC% + 07/0 •
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%'( D(PA"%3(% + !%$C( CA%(+"$E(! C+3P%(" C"$3( $ %'"(( HA)!= N %he computer as a target - attac&ing the computers of others 2spreading viruses is an example4. N %he computer as a weapon - using a computer to commit Otraditional crimeO that we see in the physical world 2such as fraud or illegal gambling4. N %he computer as an accessory - using a computer as a Ofancy filing cabinetO to store illegal or stolen information.
Computer as a Heapon 'ac&ing K Crac&ing refers to unauthoried access into or interference in a computer systemKserver or information and communication system. Girus a small file that attaches to emails or downloads and infects computers. Denial-of-!ervice 2Do!4 - illegal act to bring a particular system down or to malfunction a system. Heb defacement - a form of malicious hac&ing in which a Heb site is ?vandalied.@ N 3alicious (mail !ending %he act of !ending malicious and defamatory electronic mails. N $nternet Pornography %he traffic&ing, distribution, posting, and dissemination of obscene material including children
%echnical %erms= $!P $nternet !ervice Provider $P Address !eries of numbers assigned by an $nternet !ervice Provider %o an $nternet user when it connects to the internet. $t is considered as the anchor of investigation of all internet crimes.
amous Giruses and Horms= $ love )ou Girus +nel De uman 23ay 5, 07774 ilipino !cience !tudent $nternet Horm - 2obert orris %he world famous worm $t almost brought development of internet to a complete halt 3elissa Girus - 3avid mith 'e was sentenced to 07 months of imprisonment. 3s Flaster HormKH10 attac&s the 3icrosoft Hindows • •
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