Handling Complex cases Evidence

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Handling Complex cases Evidence

• Against Normal Criminal Investigation

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Falcone Check List as an Instrumentto Link
Investigations of Complex Cases
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The Problem of Perspective

• The tree against
• the forest

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Cultural Concepts

• Continuum of reality
• E.g. The color green
• People of the Amazon distinguish 6 cultural
  types.
• The freezing state of water
• Eskimos distinguish 7 types of freezing water.
• We distinguish only 1 type

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Antisocial Conducts
Criminal Activity
Misdemeanors
Children Misbehavior
Administrative Violation
Felony
Criminal Activity
Organized Crime Terrorism
Armed Robbery
Gang Actvities
Homicide
Kidnapping
Rape
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Organized Crime

• It goes beyond conventional Criminal Measures
• Permanent
• Structured
• Hierarchical
• Transnational
• It harms the Political, Economic and Social
  Structures of the State
• Democracy is eroded because of corruption.
• Undermines the Growth and Development of the
  Formal Economy (Money Laundering)
• It hampers Justice (Obstruction to Justice)

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Criminal Law
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Organized CrimeTwo Formulas

• First (Conspiracy)
• Agreement between 2 or more people
• to commit serious crimes
• With the aim of obtaining financial or other
  material benefit
• Second
• Active participation in the organized group
• Other activities that contribute to the criminal
  objectives of an OC group and with knowledge that
  participation will contribute to the aim of the
  organized criminal group

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DEFINITION OF O.C.
Country As conspiracy As conspiracy Active participation in crime group Other forms of participation?
Austria Austria X X X
Colombia Colombia \ X X
Croatia Croatia X X X
Czech Republic Czech Republic X X X
France 1 France 1 X X X
Germany Germany X X X
Hungary Hungary X X
Italy Italy X X
Mexico2 Mexico2 \ X X
Netherlands X X X
Poland X X X
Romania X X X
Russia X X
South Africa X X X
Spain1 X X X
Switzerland X X
United Kingdom X X
United States X X X
Venezuela 2 X X X


1 The term Conspiracy can be applied only to
some offences like terrorism or drugs 2
While the Venezuelan Criminal Code includes
membership and participation in a criminal group
as an offence this is not as sophisticated as the
descriptions provided by the RICO Act in the US.
? Aiding or abetting (see convention) 1 Active
participation in a group refers to drug offences
only. 2 Conspiracy is included in the
organized crime law.
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Continuum criminal de la D.O.
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Conspiracy

• It developed in the Common Law system
• It comes from 13 century institution
• Derivated from judicial precedence
• It is a crime to agree to commit a Crime

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Participation in Organized Crime is a second
level offence

• Logically it presupposes a first level offence,
  called predicate offence
• Even though it is an autonomous crime

Organized Crime
Money laundering
Drug Trafficking
Corruption
Murder
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Only three second Level Offences
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No additional prohibitions

• All O.C. offences are already prohibited in the
  predicate offence-prohibitions

Prohibitions without O.C. offence.
Prohibitions with O.C.
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The Evidence in Law

• In Instantaneous Crimes
• The fact happens in a moment
• The evidence consist of proof that these facts
  happened
• Murder as an Example
• Witnesses, ballistic, finger prints, DNA
  testing, etc...

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The Evidence in Organized Crime and corruption

• The Organized Crime group is continuous in its
  criminal activity
• The crimes are continued and continuous

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In Organized Crime Cases link, it is NOT
Necessary to Prove

• That the boss ordered the crime
• It is sufficient to proof
• that he/she commands or belongs to an
  organization that traffics in drugs, order
  murders or blackmailing, or engages in certain
  predicate offenses

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Evidence Integrity(Just like a Gothic Cathedral)

• It must be harmonic
• Trying to build modularly a crime and linking it
  to other crimes
• Proving the existence of an organization
• Every piece supports other pieces
• Relating one to each other

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1 . The Network and its Illegal Activities

• 1.1. The criminal network
• 1.1.1 Hierarchical or flexible structure
• Forwarlooking and backwardlooking

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a) Standard Hierarchical Structure
This is the most common form of organized
criminal group from
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b) Regional Hierarchical Structure
Even if they are part of a hierarchical criminal
group with several strict lines of command, there
is a level of autonomy for the regional
organizations under the groups control.
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c) Hierarchical Association
Association of organized criminal groups with a
governing organ or body.
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d) Central Group
Generally consists in a limited number of
individuals which form a relatively closed
central group to do illicit business.
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e) Criminal Network
They are defined by the illicit activities of
clue individuals which frequently change their
alliances. Those individuals may not consider
themselves as members of a specific criminal
group, nor are they considered like that by
external individuals. Nevertheless they have
ties with a series of illicit projects.
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Synthesis of the important elements

• Understand that Organized Criminal Groups look
  for a financial gain or profit.
• Develop the investigation trying to understand
  the market.
• What, how and how much does the organization
  sell?
• Who is it sold to? And Who buys it?
• How is it produced?

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Investigative Techniques

• It is always easier to start from the criminal
  organization finishing with the financial
  analysis.
• It is also possible to start from the financial
  analysis, however, it is more difficult.
• After determining the profits
• Analysis of the suspects assets.
• Analysis of his family assets
• Know his contacts with the illicit world and
  other organizations
• Understand other elements of the network with
  forward-looking and backwadlooking techniques.

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Violence

• 3.2.5. The use of violence
• - Describe what types of violence are used
  against other criminals/ criminal groups.
• Means of analysis and evidence
• All the violent acts to determine behavior
  patrons.
• Comparative analysis of different modus operandi
• Comparison of ballistic tests and victim-offender
  analysis.
• Knowledge of the executional codes of the
  organizations

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• 3.3 Interactions with terrorists or separatists
  groups
• Does the network have contacts with terrorist
  groups or separatist movements?

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4. Illicit Protection

• 4.1. Shielding against investigation and
  prosecution
• 4.2. Corruption
• 4.3. Contacts with external
  experts/specialists

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5. Opportunities for Prevention

• 5.1 Opportunities in the underworld
• Circumstances or events that make it easy or
  difficult for the network to perform their
  illegal ativities.
• Barriers that can be put against the networks
  activities.
• 5.2 Opportunities in the legitimate environment
• Circumstances or lack of rules and regulations
  that make it particularly easy/attractive for the
  network to involve its licit environment in its
  criminal activities.

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Barriers

• Why does the network need to involve legitimate
  businesses, or why does it need to involve
  persons having a certain job or expertise?
• What barriers can be put up against the networks
  interactions with the legitimate world.