Publication date: 07.06.2024
Peculiarities of Criminal Prosecution for Crimes Committed by Organized Groups
Introduction
Crimes committed by organized groups pose a serious threat to society and the state. They are characterized by a high degree of organization, a clear structure and distribution of roles among the participants. In this article, we will consider the peculiarities of criminal prosecution of such crimes, the main challenges and new methods used for their effective investigation and prosecution.
Types of Crimes Committed by Organized Groups
Economic Crimes
- Corruption: Bribery of officials, money laundering, tax evasion.
- Smuggling: Illegal movement of goods across the customs border.
Crimes against life and health
- Contract killings: Contract killings for the purpose of eliminating competitors or intimidation.
- Human trafficking: The abduction and sale of people for exploitation.
Drug production and drug trafficking
- Drug production: The illegal manufacture and distribution of narcotic drugs.
- Drug smuggling: Transportation of drugs across the border.
Legislative Framework
The Criminal Code of Ukraine
- Article 255: Establishment of a criminal organization.
- Article 257: Banditry.
- Article 258-3: Creation of a terrorist group or terrorist organization.
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Key Challenges
High Level of Organization
- Concealment: Organized groups often employ sophisticated methods of secrecy, making them difficult to detect and investigate.
- Clear structure: The distribution of roles and responsibilities among the group members makes it difficult to prove the guilt of each of them.
International Character
- Cross-border activities: Many organized criminal groups operate internationally, requiring interstate cooperation.
- Jurisdictional issues: Resolving issues of jurisdiction and extradition of criminals.
Evidence Base
- Collection of evidence: The need to collect a large number of different pieces of evidence to prove the guilt of an organized group.
- Difficulty of proof: Proving the relationship between the group members and their common criminal intent.
New Approaches and Reforms
Professional Development of Law Enforcement Officers
- Specialized trainings: Ongoing training of investigators and prosecutors on how to investigate crimes committed by organized groups.
- Interagency cooperation: Active cooperation between different law enforcement agencies to share information and coordinate actions.
Use of Modern Technologies
- Electronic surveillance: The use of electronic surveillance tools to track the activities of suspects.
- Data analysis: Using big data and analytical platforms to identify connections between members of organized groups.
International Cooperation
- Interpol and Europol: Active use of international organizations to combat cross-border crime.
- Legal assistance treaties: Conclusion and implementation of legal assistance treaties between countries for the effective prosecution of criminals.
