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NEW DIMENSIONS OF THE INFRACTIONAL PHENOMENON IN THE EUROPEAN WORLD
Abstract: Infractionality is one of the most complex, profound and tragic phenomenons of the contemporaneous world. Year after year, more offences are committed, millions of people become victims and a bigger part of the society is hurt. Although we observe an intensification of the measures and specialized acts of social control against misdealing, baseness, and criminal facts, in many countries we observe a multiplication and diversity of the offences committed with violence as well as the ones from the economic, financial and informatics field.
Key words: crime, control, violence, prevention
Globalisation continues to favour organized crime and in particularly economical crimes at transnational level. The governments' capacity to reply at national level in the rapid changes context is drastic limited. In that context is felt the necessity of concentrated actions at the UE' level. Beginning the 2004 was taken measures at European level in order to create a base of control of organized crime and other criminality forms.
As an example, in May 2005 three agreements were debated in front of the European Council:
The Convention on the Prevention of Terrorism -CETS 196
The Convention on Action against Trafficking in Human Beings - CETS 197
The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism - CETS 198.
According to the estimations,
Estimation of drugs consume in
Prevalence along life: at least 70 millions persons or one of five European adults
Last year consume: approximately 23 millions European adults or a third of lifetime prevalence
Last 30 days consume: over 13 millions Europeans
Prevalence along life: at least 12 millions persons or approximately 4% of European adults
Last year consume: 4, millions of European adults or one third of lifetime prevalence
Last 30 days consume: about 12 millions
One country to another fluctuation of last year consume:
Last year consume: 3 millions or one third of lifetime prevalence
Last year consume: 2 millions or, one fifths of lifetime prevalence
Over 7500 deceased persons associated with drug consume, 70% of those (dates of 2004) the main drug of the total treatment requests
Over 585.000 drug consumers′ received substitution treatment in 2005
According to estimation made at UE's level (talking about 25 countries),
between 1,2 and 2,1 millions of people from the group of age between 15-65
years are consumers of risk drugs and between 0,85 and 1,3 millions are users
According to ANA estimations and after the made researches in
Drug traffic is considered one of the most important
activities of the organized crime groups and dealers. Groups can be involved in
many against law activities. As an example Turkish criminal groups as well as
Albans groups can be involved with heroin traffic in one period, and with human
being traffic in another. As well the
Chinese organised groups are in involved in import of chemical precursor from
UE, with synthetic drugs production or with ecstasy traffic in
Although the traffic routes suffered minor changes
they knew a diversity of traffic modalities, so the balkanise route on both
traffic ways suffered an increase of the volume of trafficked drugs, including
chemical precursor, cocaine, ecstasy pills from Eastern Europe in Central and
South Europe and in Turkey. It is observed a development of maritime traffic of
cocaine from South America, via West Africa, and than in Europe, as well as the
Source: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)
Note: LYP – prevalence of drug consume for the former reported year; LTP –lifetime prevalence of drug use; PDU – problem drug use.
Aware of the existence of criminality in the business area, many governments or international institutions became interested in knowledge of these phenomena as well as to identify the necessary ways to combat it. Also the intensify of the process of integration at economic and politics at the European level, the globalisation process requires an harmonization of legal acts to prevention economic criminality that can’t be stopped at one state border.
After 1989, and
especially after the pass of the constitution bill in 1991, in
The difficulty of that transaction process, the extremely height costs, and the slow rhythm was determined by some causes and determined numerous effects. From some of those causes we can enumerate some:
The high level of nationalize of the economy (the higher from the communists countries)
The dissolution of government authority on the changes thought violence to the old regime
The fact that we didn’t use in an rational way the financial and material resources
The lack to a quite long period to a stabile, coherent and ethic legislation
Under the aspect of the registries effects and especially the negative ones from the economic field we mention:
The proliferation of corruption phenomena
The illicit transfer of fund; from the national patrimony to the private one
The paralysis of activity and the disastrous management of state company or their fraudulous privatisations
The social diffraction disruption through the appearance of two different social poles, one constituted from a small category on enriched persons, and the authored one, from a height percent of pauperisation population resulted from that process
On the evolution trend of economy, crime found a prolific field, Romanian realty on the last eighteen years being marked of numerous economical crimes, a large part of theme being still unsolved.
This is the most comprehensive rapport of this kind realize one at two years time.
In the study were interviewed persons with representative’s roles in 5400 companies from 40 countries from all over the world, including 77 most important Romanian companies. These study’s goal was to offer an coherent image of the way that people perceive and understands the economic offences as well as the impact of those to economic world’s environment.
Those report conclusions are:
Over 36% of Romanian companies declared an economic fraud in the last two years. As a wage, each Romanian company reporting a fraud was a victim of seven incidents in the last two years. A signal of alert is the fact that even the official number of companies declaring a fraud is in lowering, the declared lost is in the same time doubled. Romanian companies that participate at the realised study reported lost of 13,7 millions dollars from economic crimes offences, almost 405.000 dollars for each fraudster firm, two times more than 2005.
Results show that as a rule this quid of offence affects all dimension companies, but as bigger a firm is as larger the lost is. The most affected firms are big companies with over 5.000 employees (62%), while firms with fewer than 200 were less offended (36%). Those differences were on a complex of factors beginning with „high risk of anonymity and responsibilities, such as height intercommunity of process and systems that can conduct to breaches of control that offences can exploit.”
Fraud in divers industries varies from form to form, on top of the clasament is assurances industry and retail trade with 57%, followed by governmental sector with 54%, 44% in auto industry, up to 27% for pharmaceutical industry.
The most frequent fraud modalities reported by Romanian companies are: active fake 23%, breaking the author law (15%), bookkeeping offences (15%), and corruption (10%)
About 31% of Romanian companies consider that in one form or another, they were forced to pay bribe in the last two years. Over 50% of autochthonous firms consider the lost of business opportunities due to illegal competion based on corruption methods, a competitive company offered bribe (52%).
Corruption and bribe are perceived as the most frequent economic offences, but according to declared economic offences the biggest number is represented by illegal seize of actives. So is a big cleavage between the perception and reality.
Chart 1. Comparison between perception and real incidence (
(Source: Pricewaterhouse and Coopers, Economic Infractionality: people,
Organisational culture and control,
Global studies regarding the economic Infractionality, 2007
The tipic profile of economic frauds author is, according to Romanian responders masculine sex (88, 5%), with age between 41 and 50 (36,4%) and with a top management position. Although, the majority of economic offences declared by Romanian companies in the last two years, were committed by extern entities (clients or business partners), a larger proportion was done by inside members of the company (19, 4% in 2007 compare to 13% in 2005). Is disquieting that almost half of the offenders are part of the managers of Romanians companies. Three of the most common reasons to commit the fraud were lack ok knowledge about the gravity of the offence, expensive life style and a low resistance to temptation. The difference between 2005, in which most offenders in Romanian cases have university degrees or master degrees, the offenders from 2007 poll seems to have a low education level. (Over 50% have only high school).
The measures took against those who committed that kind of offenders varies from case to case, so 60% of the companies decide to finish the work rapports with the offenders, and 53% of the companies chose the penal way. But more than 41% of the offenders weren’t convicted, which underlines the importance of collecting dates and proofs during the investigation period.
Regarding of the factors conducting to economic offenders criminalizes specialists consider that three conditions must cumulatively be for a person to commit a fraud: the act opportunity, the stimulant that motivates the fraud, and the offender’s capacity to self-motivation of made actions.
As a result of correlation with study result, study that treats people, the organizational culture and control systems, the focused analyse on the organizational factors and personals reasons.
Organizational factors, perception as an opportunity to produce fraud are control systems and the ethic culture of the company. The avoidance of management controls and at company level played a significant role in these cases, 30%, respects 26%. But, the most important role was linked to company culture and the employers’ grade of devotement. In 41% of cases employers seemed to have a low adhering grade to company’s values, in 44% of cases were capable to create internal collaborations plans in organization helped by an big grade of anonymity between the others employers (17% of the cases), and could testify that they didn’t know the company’s ethic code (21% of the cases).(See the chart: Organizational factors involved in producing frauds)
The resulting conclusion is that is vital to any company a solid organizational culture, based on an ethic code, as well as efficient programs of risk management for frauds.
Chart 2. Organizational factors mark on the production
of fraud in
(Source: Pricewaterhouse and Coopers, 2007)
As personal reasons results point out the following categories: the stimulant that motives and sustain the fraud was the need to maintain an expensive life level (32%), and self-motivation was offered by low resistance scale to temptation (45%) and lack of understanding values or his own reprovable act.
Chart 3. Motivational factors in committing fraud
Source: Pricewaterhouse and Coopers, Economic Infractionality: people, organizational culture and control, global study regarding economic offence, 2007
Romanian legislation for economic offences has the following lows:
Legal codes, in VII Title, regalement economic offences by juridical regime:
Social relations for that existence represent juridical object common to all those offences and development is imposed to protect industrial and agriculture products, economic operations prohibit, economic secret, inventions utilization, exterior trade activity.
The social value protected through legal incrimination is national economy.
Each of that infringements of the law has a special juridical object. The active subject of those offences can be, as a rule, any person that has the legal condition for age and discernment.
In the breaking of the law regarding economic secret active subject can be only an employee or a remunerated. Those offences can be done in all participation forms: complicity, instigation, co-author ate.
Passive subject of the offence is, in the first place the state, whose rules made to respect economic activities as disregarded by those who commit those facts.
In some particular cases by those committed offences are prejudiced some natural and juridical persons.
The objective side – the material element of offences stipulated in the VII th part of Legal Code, consist only in an action, under the material element, (some of those offences, under the material element can be committed only through two or more alternative actions); those offences cant be realized through an inaction.
Breaking low to juridical regime for some economic offences are danger infringements of the law, there objective side includes as a dangerous result a danger state for the social value protected by low.
Between the action and the produced result must exist a causality rapport, so the following result must be the result of action produced by the author and mustn’t be due to independent causes to his intent. Regarding the subjective side, those offences can be made only with intention, which can be direct or indirect.
For the existing of one of those offences (speculation, unmoral competition) the legal authority stipulated the existence of the require of a determined purpose.
These offences are different from other facts that break the national economy, such as diversion, undermine of national economy, actions directed against state’s safety.
There exist economic offences stipulated in special laws that incriminate and punish the economic breaking laws: such as Low 21/1996 for concurrence, Law 11/1991 with ad notation and completing, regarding combating unmoral concurrence, Law 241/2005, for prevention and cure for fiscal criminality, Law number 58/1934 with ad notation and complete regarding promissory note and cambia, published in legal number 100/01.05.1934, OUG 99/2006, with ad notation and complete, the republished law for commercial societies.
People are exploited by organised crime as simple objects in
diverse forms such as people traffic or smuggling with persons, both with
serious implications in human rights observance. Ignored in the past, that
problem appears as an important activity of organised crime in more than half of
the UE's states. Although there exist many exploitation ways in
Most victims are from
Child abuses, and here we include infantile pornography on Internet. In 2005 and 2006, in many European states the investigation number continues to increase. It also increased the number of investigations and convictions for that type of offences.
Human exploitation can mean: under payment for work, work in inhuman conditions, medical experiment, obligation to sexual service, beggary, etc. All those are valiant for child and adults.
Victims are sold in rich countries, except those sold for sex traffic, also countered in poor countries, but with developed sex industry.
Women, victims of sex
traffic can, or theoretically can been sold in any country, because offer is
everywhere. But there are some countries in which victims of sex traffic is
numerously, because of lack of state control make those phenomena to grow fast.
We can enumerate countries from ex
Studies regarding persona's traffic include an impressionist number of causes from poverty, people searching for a working place, to traficant' s greed, a society in search for cheap labour, ethnic discrimination, a government restrictive policy regarding migration.
Victims’ profile on age category indicates that the majority of the indentificated victims trafficked in sexual business have between 18 and 32 years old, 18 and 24, at identification time, so we conclude that the biggest majority had between 15 to 20 at recrutation time.
At general level vulnerability consists in an extreme low economic level, the lack of an working place and a strong desire to search for a working place abroad.
Young women racolation for traffic trade is made thought the employer’s connection with intermediates from the origin country (relatives, neighbours, friends, illegal working placement agencies, governmental agencies with corrupt workers, corrupt workers to legal tourism agencies, direct announcers in media, internet, etc), or through kidnapping. The most frequent racolation tactic is the direct relation between a victim and a person (intermediary) that ofer his help to make possible an employment of the girl in a rich country.
Accomplished studies indicated the existence of three categories of recruiters and transporters:
Men, with age between 20 and 30 (70% of the recruiters), women between 18 and 35 years, families. Recruiters’ occupations are from direct public contact: salesmen, tax drivers, fake firms’ employers, and members of traffic dealers.
The most frequent recruit methods are:
- Fake working offers abroad (waitress, cook, dancers, babysitter, maid, etc.) in countries such as: France, Italy, Spain, Greece, Germany, direct offers to the victim’s, made through aquantantices, relatives, well known persons.
-Announces at the publicity such as: young girls to dance, dancers in x country, good salary. Immediately live, posted by particular persons and kidnapping.
The cases incidents made possible the identification of recrutation arias: Moldovaian region: Iasi, Bacau, Vaslui, Neamt, Suceava, Botosani, Oltenia region: Mehedinti, Dolj, Olt, Gorj, And Caras-Severin, Galati and Braila.
Human being traffic takes place in particular routes, from origin country to destination one, but the sell can be made in transit countries. It is realised through particular cars, from the racolation spot (the victim’s town) to the border place or a nearby town border. Victims are attendance by the racolater or another trusted person from the racolation or surveyence channel. This journey presumes the victim’s id possession, a trust based relation, between the traffic ant and his victim, in order to avoid unpleasant events, such as escape, policed rapport, etc.
The criteria’s that fix the selling price are the physical appearance and the age. The girls are sold several times, sometimes more than twenty times before they end up in the bar/pub where they will start to work as prostitutes.
There are frequent the situations where the victims are resold entering a cycle of the false debts, the ones that buy them pretending that they have to retrieve money from “their work”. Once they reach the “ work place”, the victims are impounded, threatened, beaten, so they don’t attempt to escape.
In the majority of cases the victims find themselves in the following situations:
Total lack of communication (they retain their identity cards, cellular phones, seize the few money they have, so any communication with the exterior becomes impossible.
The treatment given to the victims: from isolation, rape committed by one or more persons, maltreating, threatening, until in the worst cases murder;
They don’t receive money
Don’t have medical assistance (only when the owner is interested for the girl to get well – when it is an abortion or some severe gynaecological problems)
The owner of the pub tells the girls when they arrive that they were bought for the amount of and that they must work for him in order to pay the debt (the buying price). Also the owner tells them what they have to do so they can pay the debt: sexual relations with clients, exotic dances, drinking with the clients.
Escaping from that sort of places happens in favourable circumstances, with the help of some clients, as a result of a police raid, or on their own. Repatriating the victims is possible with the help of IOM, with the support of the embassies/consulates of Romania that take care of the formal procedures of repatriation, integrating them in the IOM programs of assistance for the white slave trade victims and prevention the slave trade.
The present Romanian legislation punishes the offences committed (guides, hosts, traders) according to the Law concerning preventing and fighting the slave trade nr. 678/2001 published in the Official Gazette number 783/11 December 2001 and Penal Code. The stipulated punishments are from three years in jail to life detention, depending on the seriousness of the crime, on the effects on the victim, on the age of the victim.
There are also punished the offences associated directly or indirectly with the slave trade: fraud, fraudulent passing of the frontier, false and false usage, sequestration, rape, beating and battery, threat and blackmail, constraint, giving and taking bribe, procurement. We must specify that in the case of the procurer, the penal responsibility also appears when the slave trade victims gave their consent.
According to the Report regarding the situation of the slave trade in Romania, in the first semester of the year 2007 Romania continued to be an origin country for the slave trade, but the phenomenon continues his diminution tendency showed in the previous year.
The total number of the identified victims (936) is smaller than in the first semester of the year 2006 (1281).
The diminution of the number of the reported victims can be due to the diminution of the exigency concerning the formal procedures of verification and check-up of the persons that come to the access point of the frontier.
In this way it is not preserved the track of the persons that cross the Rumanian’s state frontier to U.E., so becomes harder to identify the potential victims of the slave trade and implicit, cutting down their official number.
“For the first time since we kept a record of the slave trade persons, the number of the victims exploited through work (425) exceed the one of the victims exploited sexual (406), proving the forecast made at the end of last year. Besides these ones, a number of 74 victims have been exploited for begging, eight for robberies, two for infant pornography and two for Internet pornography (distribution of the victims according to the type of exploitation). There weren’t reported cases of organ trading.
As far as the distribution according to age is concerned, the victims between 18 and 25 years old represent, hereinafter, the most numerous category (389, that is 41%), even though their number is lower to that afferent to the first six months of 2006(655, 51%). If the sexual exploited victims have ages usually between 13 and 35 years old, with a maximum corresponding to the ages 15-25 years, those exploited through forced labour have ages between a larger distance, that is 14-60 years old, with a maximum corresponding to the ages 25-40.”
Chart 4. Victims’ distribution through exploitation type
(Source: Rapport Regarding Human Traffic In Romania- 2006)
By comparison with the first semester of the year 2006, the distribution depending on the gender of the victims knows a major change. From the total identify victims, 528 are women (comparing 982 in the similar period from 2006), signify 56%, a sensible lower percent to the one from 2006 (77%). Implicit, the victims’ number of masculine gender raised from 23% in first semester of 2006, to 44% for the same period in 2007. This fact is correlated with the increase number of persons exploited by forced labours for which the majority is represented by men category, 81%. (Represented by 4 and 5 figure.)
Women represents all the victims sexually exploited, where is registered only one-man victim from the totally of 406 victims.
From work-exploited victims the predominant category is men (346) exploited in agriculture labours (200) and in constructions (141). Regarding the exploit in beggary the majority is represented by men (50), and victims forced to comet offences in pornography the identify cases are not numeric concluding to talk about a majority gender number.
Regarding destination countries all most half of Romanian victims were traffic in Italy (255) and in Spain (209), where sexual exploited victims although high is comparable with forced laboured victims number.
Chart 5. Victims’ distribution (romanian citizens) regarding destination
(Sursa: Rapport Regarding Human Traffic In Romania - 2006)
According to the rapport, the most victims’ trafficked in Italy come from the southwest Romania region, are women, sexual exploited through street prostitution. The majority of trafficked victims in Spain come from south and southeast Romanian regions, are women, prevailing number of the sex abused one in local clubs, Greece (110), Germany (51) are imported destination for human being trafficked. Victims abused in Greece come from the south part of Romania. In Greece the largest number of abused victims is canned in forced labour (101), in Germany case 17 victims were sexually exploit, five were forced to work, and 29 were exploit in beggary. A special case is the cehaslavac republic where in only a couple of months Romanian citizen number identify as victims traffic war 141, the large part of the victims were work exploited in constructions (106). The most victims come from the northeast Romania regions.
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