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
