The Problem of Unequal Opportunities Among Law Enforcement Institutions and Organized Crime Elements
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Abstract
Report reveals that the efficiency of the activities of the law enforcement institutions and, consequently, the level of the protection of life, health property and the legal interests of the citizens of the respective state almost equally depends on the scientific and technical provision, the level of preparation, the professional skills of persons employed there and the legal basis of their functioning.
The author attributes the legal basis of the law enforcement institution activities to the present criminal situation, under which circumstances these can be applied to, whether these legal regulations can actually help to clarify, disclose, charge and convict the criminals.
Report reflects that the level of crime doesn’t depend on the economic capacities of the respective state (including the supply of the equipment and acquiring appropriate qualifications) but on adequate legislative acts.
The author demonstrates that the accurate legislative acts have helped to successfully fight the organized crime in the USA, Italy and Germany.
Further, report deals with the origins and characteristic features of the organized crime. It also points out the deficiency of the respective legislative acts regulating the organized crime issued in the so colled “pre-mafia” period.
The author points out that without proper changes, appropriate amendements in the Criminal-Procedural Code as well as the implementation of new means and techniques of collecting the evidence the crime level cannot be reduced.
In the closing part, the author gives a brief description of measures to be applied in the effective fight against organized crime groups. There are four basic proposals that the author has put forward:
1) the sphere of legislative norms ensuring the safety of those giving testimony;
2) partly or completely discharge those found quilty if they give evidence in a grave or serious crimes helping to expose the defenders committing those crimes;
3) to work out legislative norms allowing a person to co-operate with, or ask a member of organized crime group act as an «informer» for the benefit of law – enforcement institutions;
4) legal acts helping to regulate the illegal activities of companies, organizations and firms that operate under the influence of recket – in order to forfeit their property and stop their functioning if it is against the law.
The author also refers to “agreement of pleading oneself guilty” that has successfully worked in the U.S.A. to avoid difficult and long court proceedings in 80% of all the cases.
Report is not intended as a ready-made method for fighting the organized crime but it provides the necessity of gaining a deeper insight, the necessity of a discussion of the above mentioned issues.
The author attributes the legal basis of the law enforcement institution activities to the present criminal situation, under which circumstances these can be applied to, whether these legal regulations can actually help to clarify, disclose, charge and convict the criminals.
Report reflects that the level of crime doesn’t depend on the economic capacities of the respective state (including the supply of the equipment and acquiring appropriate qualifications) but on adequate legislative acts.
The author demonstrates that the accurate legislative acts have helped to successfully fight the organized crime in the USA, Italy and Germany.
Further, report deals with the origins and characteristic features of the organized crime. It also points out the deficiency of the respective legislative acts regulating the organized crime issued in the so colled “pre-mafia” period.
The author points out that without proper changes, appropriate amendements in the Criminal-Procedural Code as well as the implementation of new means and techniques of collecting the evidence the crime level cannot be reduced.
In the closing part, the author gives a brief description of measures to be applied in the effective fight against organized crime groups. There are four basic proposals that the author has put forward:
1) the sphere of legislative norms ensuring the safety of those giving testimony;
2) partly or completely discharge those found quilty if they give evidence in a grave or serious crimes helping to expose the defenders committing those crimes;
3) to work out legislative norms allowing a person to co-operate with, or ask a member of organized crime group act as an «informer» for the benefit of law – enforcement institutions;
4) legal acts helping to regulate the illegal activities of companies, organizations and firms that operate under the influence of recket – in order to forfeit their property and stop their functioning if it is against the law.
The author also refers to “agreement of pleading oneself guilty” that has successfully worked in the U.S.A. to avoid difficult and long court proceedings in 80% of all the cases.
Report is not intended as a ready-made method for fighting the organized crime but it provides the necessity of gaining a deeper insight, the necessity of a discussion of the above mentioned issues.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
