Techniques in Building and Linking Complex Evidence in Corruption Cases using the Palermo Convention. UNODC. The Problem of Perspective. The tree against the forest:. Types of Corruption. From the perspective of the ACT Single act Repetitive acts Pattern of Corruption.
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Techniques in Building and Linking Complex Evidence in Corruption Cases using the Palermo Convention
* What is being investigated?
Relationship between a criminal or administrative norm with the reality.
* The rule of evidence is a norm in which the investigation has to be based. Therefore:
- We need strategies
* Try to figure out the type of case.
* Determine the technique that you are going to use
* Go to all the elements of the Falcone check list
* Determine the relationship with other international elements
Criminalization of corruption
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:
(a) The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;
(b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties….
Measures against Corruption
Organized Crime Group
Group of three or more persons that exists during certain time. It acts by previous agreement, with the objective of commiting one or more serious crimes (4 years of jail). With the aim of obtaining financial or other material benefit
O.C. links with Violence
The O.C. Groups exert their powers
through the threat and use of violence
Single act of bribery
The Palermo Convention
Articles 2a, 8, 9
Acts of Corruption
Corruption as an instrument of organized crime
Corruption as an act of organized crime (3 or more persons)
Only three second Level Offences
The use of physical force, threats or intimidation or the promise, offering or givingof an undue advantage to:
General rules for:
Mistakes on the conception about the organization and mistakes in the technique used
Witnesses, ballistic, finger prints, DNA testing, etc...
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
It is also necessary to confirm as far as possible all that he/she says
It is hard for prosecutors and judges to interpret and juries can misinterpret
* 1.1.1Hierarchical or flexible structure
* 1.1.2Composition: Describe who is part of the network, and what roles they play.
* 1.2.3Handling of Evidence:
Forwarlooking and backwardlooking
Typologies of Transnational Organized Criminal Groups
Centre for International Crime Prevention of the United Nations
a) Standard Hierarchical Structure
*This is the most common form of organized criminal group from
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 group´s control.
c) Hierarchical Association
Association of organized criminal groups with a governing organ or body.
*Generally consists in a limited number of individuals which form a relatively closed central group to do illicit business.
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.
All the evidence, forward-looking and backward-looking
The production phases
Handling of evidence:
All the evidence, forwardlooking and backwardlooking:
Looking for proceeds of the criminal activity and how they are transformed
2.5.1 Describe the network’s profit estimates (selling prices minus costs)
2.5.2 Describe how the network spends the proceeds of crime
2.5.3 Describe the network’s investments
2.5.4 Describe any money laundering activities of the network
2.5.5 Describe the network’s use of underground banking
3.2.3 Methods of concealment- Describe if the network tries to hide its activities from other criminal partners.3.2.4. Territorial deals or disputes- Is the network involved in disputes with other groups.
- Describe what types of violence are used against other criminals/ criminal groups.