forces (like in Columbia or Mexico). Profit gained from the drug trade is
often compared with the profits earned by whole industries. The drug trade
is regarded as the world's second largest economy. All this enables drug
dealers not only to pay generously for the participation in crimes but also
to set up a common financial fund, a common bank, so to speak. Narco-money
is also used to exert influence on policy-making, particularly, by
nominating the associates of drug dealers to key posts in the economy and
politics or by bribing persons who already hold such posts and turning them
into supporters of the drugs trade. These financial investments are
reinforced by threats of violence against them or their close relatives
(wives, children or parents). This proves convincingly that narco-crime is
a well organized and well planned business incorporating the mutually inter-
related criminal activities of individuals, groups, associations,
syndicates and cartels with a division of mutually interrelated functions.
This is the reason to regard this kind of crime as a variety of organized
crime. Some researchers believe that drug profits are the economic
foundation of organized crime. This can be seen in comparison of elements
forming narco- and organized crimes. To get a clear understanding of the
elements of the latter it is necessary to look in retrospect at the history
of organized crime. While crime and drug addiction have been known to the
world for at least several centuries, the existence of organized crime has
been officially recognized quite recently, only in this century. Yet both
national and foreign researchers date the origin of this phenomenon, in one
way or another, to a much earlier period.
Various stable criminal organizations used to appear and operate on
territories of almost all modern states. Gangs of brigands and smugglers
were at work not only on land but also at sea (sea pirates). They had in
their possession caches of weapons, stocks of gold and food and, sometimes,
entire fleets of pirate boats furnished with everything necessary for an
attack and ready to go into combat with regular troops or ships. They
thereby challenged borders and laws. Already at that time members of such
gangs observed their own internal rules and traditions strictly, contrary
to the ones obligatory in society. Among them there was the principle of
mutual help, the recognition of the leaders' authority, the distribution of
duties and spoils, as well as a system of reward and punishment. Gangsters
knew exactly the kind of work they were responsible for and also knew their
zones of influence (slave trade, cattle stealing, smuggling arms,
narcotics, gold, diamonds, etc). They talked their own language and stuck
to other conspiratorial rules. Taking hostages and bribing officials were
their usual practices, very much like the actions of the present day
organized crime groups.
With the passing of time, of course, these organizations kept
transforming and modernizing, adjusting to changes of state borders,
governments and economies. They were turning more and more into organized
criminal associations that posed a serious threat to public safety, to the
supremacy of the law and to other state institutions. As researchers point
out, a particular danger of organized crime is that it becomes more and
more arrogant, aggressive, ingenious and diverse. In the 1980s, organized
crime became increasingly apparent throughout the world.
Forms of Organized Crime:
Along with traditional forms of organized crime, new forms, more
diverse and greater in scale, have appeared, such as the theft and re-sale
of luxury cars, electronic equipment, historical and cultural art objects,
antiques, icons and church plate. Other forms include the illegal trade in
human being, weapons and ammunition, strategic raw materials, non-ferrous
and rare metals, drugs counterfeiting, theft and forgery of credit cards,
gambling, and infiltration of legal business and world finance. An analysis
of documents issued by the UN Information Center proves that the influence
of various forms of organized crime spreads far beyond national borders and
"transnationalize crime", so to speak. This creates a situation which
"differs, both qualitatively and quantitatively, from the situation in the
past and hampers the accomplishment of effective measures aiming to prevent
and eliminate crime. Experts believe that the evolution of organized crime
should be seen as "a process providing for a rational reorganization on the
international basis of criminal enterprises using the same patterns just as
it is the case for legal enterprises." This process reflects tendencies for
forming a more intricate organizational structure typical of the modern
society in all countries. This explains why the UN Secretary General
pointed out in his speech at the 47th General Assembly session on September
28, 1992, that it was imperative to promote international cooperation and
develop practical steps against organized crime in view of its negative
impact on various areas of society's social, political and economic life.
Though extremely topical, problems of organized crime have not yet been
resolved properly by juridical theory and practice. Suffice it to say that
there are still some countries where no laws on organized crime have yet
been passed. There is no uniform approach to the concept of organized crime
at the legislative level. The attributes and signs of this phenomenon have
not yet been finalized. No attempts have yet been made to develop a
comprehensive program of action against it. There are few statistics or
official data on organized crime as a whole.
For example, in the former USSR the first official mention of organized
crime made at the government level was on December 2, 1989, when the
decision to step up the effort against organized crime was passed by the
2nd Congress of People's Deputies. However, no laws regarding organized
crime have been adopted. This could not help but leave its imprint on the
practical activities of law enforcement agencies in the former Union
republics. There was no solid theoretical discussion of the concept of
organized crime, as the scarce publications of the last few years could
hardly give a complete picture of this problem.
Some published works, however, contain a number of definitions of
organized crime. Some authors point to the following basic features.
Criminal groups based on hierarchical order consolidate within the borders
of one particular region or a country; their leaders take no part in crimes
but only perform organizational, managerial and ideological functions.
Government officials, including law enforcement officers, become corrupt
and join criminal activities providing safety to the members of criminal
associations. This association has a tendency to monopolize and expand the
spheres of illegal activities, and to protect leaders from bearing any
responsibility. Another group of authors believe that organized crime is a
system of contacts forming naturally in the criminal surroundings which
lead to the concentration and monopolization of certain kinds of criminal
activities. Diversified ties between groups engaged in criminal activities
are characteristic of this system.
About the Concept of Organized Crime:
Organized crime represents the consolidated criminal associations with
their own norms of behavior, hierarchical ladders and finances, it is the
most dangerous kind of crime that opposes and counteracts the lawful
actions of the state. This definition also embraces the totality of
mercenary and economic crimes committed with the help of corrupt government
officials, and law enforcement agents among them, who yielded to bribery
and other forms of corruption.
Organized Crime in Foreign Legislation:
In this context it is interesting to look at foreign experience in
dealing with organized crime, particularly, in the field of legislation.
The Italian criminal code states, for example, (article 416-2) that "the
association of a mafia kind is ranked as a criminal one when its members
practice the removal and intimidation of other persons in order to ensure a
cover-up and observe the law of silence and thus make it possible to commit
crimes, and win, directly or indirectly, posts allowing the management or
control of business activities, the distribution of concessions and permits
of all kinds, the signing of contracts, and communal services, as well as
making illegal profits or securing illegal privileges for themselves and
other persons." The American approach seems to be slightly different. While
the Italian Criminal Code lists features of organized crime, American
Federal Legislation (USC-par. 3781), though naming certain features of
organized crime, attributes concrete actions to it, namely, "unlawful
activities by members of a well-organized and disciplined association
supplying illegal commodities and offering illegal services, which include
but are not limited to, gambling, prostitution, usury, the spread of
narcotics, racket and other unlawful actions by such organizations."
Organized crime has broad opportunities for carrying out unlawful deeds but
the choice of these opportunities is mainly determined by the level of
expected profit, the minimum degree of possible risk of being caught and
exposed and the absence of concrete victims. It is this particular factor
that comes to the foreground in crimes related to narcotics whose users are
not interested in reporting to the police. The specific choice of a
"specialization" for this or another criminal group is a factor
guaranteeing it, to a large degree, a high level of conspiracy and a free
hand in committing crimes. Along with the previously mentioned
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