The Montrasec Demo

The Montrasec Demo

Author: Neil Paterson

Publisher: Maklu

Published: 2010

Total Pages: 158

ISBN-13: 9046603261

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Recent European Union policy discussions have again highlighted the urgent need for consistent recording and analysis of data relating to trafficking in human beings. Without such a framework, the EU's ability to assess the scale and nature of the problem and, consequently, to formulate effective policy responses is severely impaired. MONTRASEC - a model for monitoring trafficking in human beings, as well as sexually exploited and missing children - demonstrates that real progress can be made in addressing these long standing difficulties. Building on the work undertaken in the previous SIAMSECT (Statistical Information and Analysis on Missing and Sexually Exploited Children and Trafficking) research, a practical IT tool has been developed by which the three phenomena can be described, interpreted, and analyzed in an integrated and multidisciplinary fashion. The IT tool also provides National Rapporteurs or similar mechanisms with enhanced and uniform reporting capacity. Recognizing the EU's emerging policy line, the MONTRASEC IT tool provides a building block by which the European Commission or a future European Monitoring Centre on Trafficking in Human Beings can make horizontal comparison between the reports of the Member States. This book describes how a workable IT tool - with contents based on international legal instruments and definitions concerning the three phenomena - has been designed and tested by a range of operational agencies in two separate EU Member States. Critical questions relating to compliance with both Member States and European data protection and privacy legislation are addressed, alongside the need to ensure the highest possible levels of security for sensitive personal data relating to both victims and authors. Furthermore, a CD-ROM is included, containing a live demonstration of all the features and functions of the MONTRASEC IT tool. The MONTRASEC Demo shows that it is actually possible to move beyond theoretical discussions concerning data collection to a point where agencies operating in the field are prepared to work within a unified and consistent data collection regime, inputting live data which can thereafter be analyzed at the Member State and EU level. The book is essential reading for EU policy makers, judicial and law enforcement authorities, and organizations working in the fields of trafficking in human beings, and in the field of sexually exploited and missing children, both in the EU and in a broader international context. It will also appeal to the research community and anyone with an interest in justice and home affairs or criminal policy initiatives in the EU.


Developing an EU Level Offence Classification System

Developing an EU Level Offence Classification System

Author: A. Mennens

Publisher: Maklu

Published: 2009

Total Pages: 116

ISBN-13: 9046602656

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In the EU area of freedom, security, and justice, one of the main deficiencies is the lack of cross-country comparable data on crime and criminal justice. The importance of progress in this domain - especially in the context of the identification of best practices in the fight against crime - has been identified on several occasions. The main difficulty lies in the comparability of data or the guarantee that exchanged data is understood in the same way by all actors. In March 2007, the European Commission's Directorate-General for Justice, Freedom and Security launched a call for a Study on the Development of an EU Level Offence Classification System and an Assessment of Its Feasibility to Supporting the Implementation of the Action Plan to Develop an EU Strategy to Measure Crime and Criminal Justice (The Crime Statistics Project [CSP]). This book contains the final report of that Project. In the context of the project, the EU Level Offence Classification System (EULOCS) was created. Its aim is not to become yet another compelling system that requires Member States to further harmonize domestic criminal law or to adjust national data models, but to be a reference index that could serve the different needs in the wider area of justice and home affairs. According to its authors, the area of justice and home affairs could benefit from using EULOCS as a bench-mark, increasing the internal coherence of EU's criminal policy. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be an asset to everyone involved in or taking an interest in the production of meaningful and comparable data on crime and criminal justice in Europe.


The Oxford Handbook of Organized Crime

The Oxford Handbook of Organized Crime

Author: Letizia Paoli

Publisher: Oxford University Press

Published: 2014-09-26

Total Pages: 713

ISBN-13: 0199968926

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While the success of national and international law enforcement cooperation to suppress organized crime means that stable, large-scale criminal organizations like the Cosa Nostra or the Japanese Yakuza have seen their power reduced, organized crime remains a concern for many governments. Economic globalization and the easing of restrictions on exchanges across borders now provide ample opportunity for money-making activities in illegal markets. Policies designed to stop illegal market flows often shift these activities to new places or create new problems, as the U.S.- led war on drugs spread production and trafficking to a number South and Central American countries. The Oxford Handbook of Organized Crime provides informed, authoritative, and comprehensive overviews of these issues and other principal forms of organized crime, as well as the type and effectiveness of efforts to prevent and control them. Leading scholars from criminology, law, sociology, history, and political science discuss the key concepts, history, and methods of organized crime; the major actors and interactions involved in it; the markets and activities frequently associated with organized crime; and the policies designed to combat it. Individual chapters on criminal organizations and specific activities or markets comprise the heart of the volume. The chapters on actors provide the history, analyze the structure and activities, and assess the strength and future prospects of each organization. Articles on particular markets address the patterns of activity, identify the most affected regions, and where possible provide estimated revenues, discuss factors promoting the activity, and disclose information on the victims and harms caused. The Oxford Handbook of Organized Crime delivers a systematic, high-quality, and truly global approach to the topic and with it a more complete understanding of organized crime in its many forms for researchers, government officials, and policymakers.


Human Trafficking

Human Trafficking

Author: John Winterdyk

Publisher: CRC Press

Published: 2011-12-05

Total Pages: 321

ISBN-13: 1439884528

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Human trafficking is a crime that undermines fundamental human rights and a broader sense of global order. It is an atrocity that transcends borders with some regions known as exporters of trafficking victims and others recognized as destination countries. Edited by three global experts and composed of the work of an esteemed panel of contributors,


Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States

Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States

Author: Gert Vermeulen

Publisher: Maklu

Published: 2011

Total Pages: 1010

ISBN-13: 904660456X

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In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)


The Disqualification Triad

The Disqualification Triad

Author: Gert Vermeulen

Publisher: Maklu

Published: 2012

Total Pages: 343

ISBN-13: 9046605213

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In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)


Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

Author: Martyna Kusak

Publisher: Maklu

Published: 2017-01-26

Total Pages: 245

ISBN-13: 9046608409

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Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.


Liability of Legal Persons for Offences in the EU

Liability of Legal Persons for Offences in the EU

Author: Gert Vermeulen

Publisher: Maklu

Published: 2012

Total Pages: 203

ISBN-13: 9046605205

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Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)


Human Trafficking

Human Trafficking

Author: Marie Segrave

Publisher: Routledge

Published: 2016-12-05

Total Pages: 638

ISBN-13: 1351929569

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Human trafficking captured the attention of the global community well over a decade ago, inspiring multifarious international, national, regional and local responses. While formally recognized as one of the major threats associated with transnational organized crime, human trafficking remains an issue about which much has been written and yet little is known or supported by empirical evidence. The essays selected for this volume reflect four key areas of debate: the transnational organized crime framework; the data and research landscape; the implementation of anti-trafficking responses; and the articulation of alternative responses to human trafficking. These essays are written by well-known and more recent contributors to this field of research. The collection draws attention to contemporary arguments as well as recent empirical research, and points to the importance of contextualizing human trafficking within both the global and local setting. This volume reflects where human trafficking data, research and debate is currently located and where it is heading, and as such is of interest to academics, students, policymakers and practitioners.