CDI 3 Flashcards
as, offenses whose inception, prevention and/or direct or indirect effects involved more than one country.
Transnational Crimes
a continuing illegal activity of group of persons which is primarily concerned with the generation of profits, irrespective of national boundaries as a result of globalization.
Transnational Crimes
refers to the rapid development of the western culture that ultimately affects other cultures in the world as brought by intellectual and technological advances, in which some crimes occurring in other countries are attributed.
Globalization
is a crime perpetuated by organized criminal group which the aim of committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits committed through crossing of borders or jurisdictions.
Transnational Organized crime
Shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing or more serious crimes or offenses established in accordance with this convention, in order to obtain directly or indirectly, a financial or material benefit.
ORGANIZED CRIMINAL GROUP
On its convention on Transnational Organized Crime it declared that an offense is transnational if it:
- Is committed in more than one state;
- In one state but a substantial part of its preparation planning, direction or control takes place in another state
- Is committed in one state but involves an organized crime group that engages in criminal activities in more than one state, or
- In one State but has substantial effects in another state.
10 Transnational Crimes
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons
Defined as the recruitment, transport, transfer, harboring or receipt of a person by such means as threat or use of force or other forms of coercion, abduction, fraud or deception for the purpose of exploitation.
HUMAN TRAFFICKING
It’s been called the “modern day slavery”.
HUMAN TRAFFICKING
is an illegal act and is considered a violation of human rights and inimical to human dignity and national development.
Trafficking in persons
3 inter-related and interdependent elements of human trafficking that must be present?
- Act
- Means
- Purpose
It involves the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons, with or without the victim’s consent or knowledge, within or across national borders;
Act
It is committed by use of threat, or of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person
Means
It is done for the purpose of exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, involuntary servitude or the removal or sale of organs.
Purpose
5 Commonly Identified Form of Human Trafficking
- Sexual exploitation
- Forced labor
- Domestic servitude and forced marriage;
- Organ removal; and
- Exploitation of children in begging, the sex trade and warfare
RA 9208
Anti-Trafficking in Persons Act of 2003
“an act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations and for other purposes”
RA 9208 -Anti-Trafficking in Persons Act of 2003
RA 10364
“Expanded Anti-Trafficking in Persons Act of 2012″.
refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
Trafficking in Persons
“The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding paragraph.
Trafficking in Persons
refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
Child
refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
Prostitution
refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work or service extracted from any person under the menace of penalty.
Forced Labor
refers to the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.
Slavery
refers to a condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did not enter into or continue in such condition, he or she or another person would suffer serious harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion including depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of the legal process.
Involuntary Servitude
refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists.
Sex Tourism
This includes sexual services and practices offered during rest and recreation periods for members of the military.
Sex Tourism
refers to participation by a person in prostitution, pornography or the production of pornography, in exchange for money, profit or any other consideration or where the participation is caused or facilitated by any means of intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of position or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of a person having control over another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this Act.
Sexual Exploitation
refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
Debt Bondage
refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
Pornography
PENALTY for Trafficking in Persons
Imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
RA 10364
Attempted Trafficking in Persons
Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking in persons.
RA 10364 - “Attempted Trafficking in Persons”.
PENALTY for Attempted Trafficking in Persons
fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
RA 10364
Accomplice and Accessories
Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts. It also inserted
Accomplice
Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices, take part in its commission in any of the following manners:
Accessories
PENALTY for Promote Trafficking in Persons
(15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
PENALTY for Qualified Trafficking in Persons
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
Prescriptive Period of the Crime of Human Trafficking
Trafficking cases under RA 9208 prescribes in _____years
ten (10) years
Prescriptive Period of the Crime of Human Trafficking
Trafficking cases committed by a syndicate or in a large scale prescribes in _____ years
twenty (20) years
RA 10364 inserted that if trafficking in person committed against a child it will prescribe in _____ years.
20 years.
is the body mandated by law to coordinate and monitor the implementation of Republic Act No. 9208, or the Anti-Trafficking in Persons Act of 2003, with the Department of justice as the lead agency. It was formed under section 20 of R.A. 9208.
Inter-Agency Council Against Trafficking (IACAT)
conducts many different projects geared towards the elimination of trafficking in persons in the Philippines, prevention of the occurrence of trafficking, the protection and rehabilitation of victims and conviction of trafficking offenders.
Inter-Agency Council Against Trafficking (IACAT)
Organizational Structure of IACAT
The Inter-Agency Council Against Trafficking composed of;
- Secretary, Department of Foreign Affairs;
- Secretary, Department of Labor and Employment;
- Secretary, Department of the Interior and Local Government;
- Administrator, Philippine Overseas Employment Administration;
- Commissioner, Bureau of Immigration;
- Chief, Philippine National Police;
- Chairperson, Philippine Commission on Women;
- Chairperson, Commission on Filipinos Overseas;
- Executive Director, Philippine Center for Transnational Crimes; and
- Three (3) representatives from NGOs, who shall include one (1) representative each from among the sectors representing women, overseas Filipinos, and children, with a proven record of involvement in the prevention and suppression of trafficking in persons. These representatives shall be nominated by the government agency representatives of the Council, for appointment by the President for a term of three (3) years.
3 Rule on Extra-Territorial Jurisdiction in cases of human trafficking
- Is a Filipino citizen; or
- Is a permanent resident of the Philippines; or
- Has committed the act against a citizen of the Philippines.
4 Protections are given to trafficked persons
- Legal Protection
- Free Legal Assistance
- Right to Privacy and Confidentiality
- Witness Protection Program
Trafficked persons are recognized as victims of trafficking and shall not be penalized for crimes directly related to the acts of trafficking or in obedience to the order made by the trafficker. The consent of the victim to the intended exploitation is already irrelevant.
Legal Protection
Trafficked persons shall be provided with free legal services which shall include information about the victim’s rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person.
Free Legal Assistance
Law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners as well as parties to the case, shall protect the right to privacy of the trafficked persons at any stage of the investigation, rescue, prosecution and trial. The name and personal circumstances of the trafficked person or any other information tending to establish the identity of the trafficked person and his or her family shall not be disclosed to the public.
Right to Privacy and Confidentiality
Trafficked persons who will testify or are testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted to the Program.
Witness Protection Program
May or may not involve coercion, fraud, deception, abuse of vulnerability, etc.
Characterized by subsequent exploitation after the illegal entry of one person from one place to another or one country to another
There is a need to prove the presence of exploitation or that the recruitment was facilitated for the purpose of exploitation
Considered a human rights issue
Trafficking in Persons
Usually does not involve coercion but uses more deception, promises and fraud
Characterized by facilitating entry of one person from one country to another through an unauthorized or unlicensed agency
Mere recruitment without license is punishable, no need to prove the consequential exploitation
Considered a migration concern
Illegal Recruitment
Usually does not involve coercion
Characterized by facilitating, for a fee, the illegal entry of a person into a foreign country
Proof of illegal entry by none compliance with the necessary requirements for travel
Considered a migration concern
Human Smuggling
Refers to any act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.
TERRORISM
which describes TERRORISM such acts as causing “widespread and extraordinary fear and panic among the populace”.
Human Security Act of 2007 or RA 9372
any group practicing or has significant subgroups that practice terrorism.
Terrorist Group
describes indigenous ethnic groups who have long lived in a province but want to separate from their host nation and start their own country.
Separatism
the emergence of a new type of nationalism called separatism.
1960s and 1970s
the War on Drugs was launched by the United States, and the word “narco-terrorism” came into the vocabulary (Ehrenfeld 1990).
1980s
a terrorism associated with trade in illicit drugs.
- Narco – terrorism
5 Terrorism Classified by Place:
- Domestic
- International
- Non-state
- State-sponsored
- Internecine
by residents of a country within that country.
Domestic
by representatives of a country against another country.
International
extremism and revolution for its own sake.
Non-state
by a government against its own people or in support of international terrorism against another government.
State-sponsored
conflict that spills over into another country or fought on foreign soil.
Internecine
3 Terrorism Classified by Issue:
- Revolutionary
- Political
- Nationalist
aims to replace the existing government by drawing out repressive responses which can be exposed as inhumane (Red Army Faction, PLO, Hezbollah)
Revolutionary
heavily armed groups tending to be focused around supremacy, government intrusion, or religious revisionism (Aryan Nation, Posse Comitatus, Freemen)
Political
promotes the interests of a minority or religious group that has been persecuted under majority rule (Sikh radicals, Muslim fundamentalism)
Nationalist
4 Modes of Attack and Tactics
- Rolling
- Ambush
- Standoff
- Boutique
in which the terrorists drive a vehicle by in what amounts to a hit-and-run maneuver.
Rolling
which is a standard platoon-level military maneuver drawing the enemy into a line of fire.
Ambush
which is a back-against-the-wall maneuver, usually with an escape plan; and the advanced tactics are.
Standoff
