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CDI 3 > CHAPTER 1 > Flashcards

CHAPTER 1 Flashcards

1
Q

-United Nations, defined ________ as, offenses whose inception, prevention and/or direct or indirect effects involved more than one country.

A

TRANSNATIONAL CRIMES

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2
Q

–identify certain criminal phenomena transcending the international border, transgressing the laws of several state or having impact on another country (United Nation (UN) Crime Prevention and Criminal Justice Branch)

A

TRANSNATIONAL CRIMES

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2
Q
  • 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.
A

TRANSNATIONAL CRIMES

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3
Q
  • 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.
A

GLOBALIZATION

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4
Q

–increasing interdependence and interconnection, technological advancement such as partnership and investments

A

GLOBALIZATION

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5
Q

“Cybercrime Prevention Act of 2012”

A

RA 10175

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6
Q

–speedup of movements and exchange (of human being, goods, services, capital technologies) cultural practices all over the planet

A

GLOBALIZATION

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7
Q

“Data Privacy Act of 2012”

A

RA 10173

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7
Q

OMERTA

A
  • a code of silence about criminal activity and a refusal to give evidence to activities
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8
Q
  • 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.
A

TRANSNATIONAL ORGANIZED CRIME

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9
Q

-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.

A

ORGANIZED CRIMINAL GROUP

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10
Q

2 KINDS OF ORGANIZED CRIMINAL GROUP

A
  1. LARGE SCALE
  2. SMALL SCALE
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11
Q

cutting of a finger

A

YUBITSUME

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12
Q

ON ITS CONVENTION ON TRANSNATIONAL ORGANIZED CRIME IT DECLARED THAT AN OFFENSE IS TRANSNATIONAL IF IT:

A
  1. Is committed in more than one state;
  2. In one state but a substantial part of its preparation planning, direction or control takes place in another state
  3. Is committed in one state but involves an organized crime group that engages in criminal activities in more than one state, or
  4. in one state but has substantial effects in another state
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13
Q

TRANSNATIONAL CRIMES

A

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

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13
Q

are not limited to human trafficking, Drugs trafficking, Money laundering, terrorism, and cybercrimes but to all acts inimical to the welfare of states/countries especially if perpetrated by no less than foreigners. It is also committed with several motives: political influence, economic gain and social control in a global scope.

A

Transnational crimes

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14
Q

ORGANIZED CRIMINAL GROUP (ASIA)

A

TRIAD AND TONGS IN HONGKONG AND CHINA

YAKUZA IN JAPAN

UNITED BAMBOO GANG TAIWAN

WARLORDS OF MYANMAR (BURMA)

NAM CAM GANG IN VIETNAM

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15
Q

-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.

A

HUMAN TRAFFICKING

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16
Q
  • It’s been called the “modern day slavery”.
A

HUMAN TRAFFICKING

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17
Q

is an illegal act and is considered a violation of human rights and inimical to human dignity and national development.

A

Trafficking in persons

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18
Q

2 TYPES OF EXPLOITATION

A
  1. BY FINANCIAL, MATERIAL THINGS
  2. BY SEXUAL ACT
19
Q

means taking advantage of

A

EXPLOITATION

20
Q

WHAT ARE THE THREE (3) INTER-RELATED AND INTERDEPENDENT ELEMENTS OF HUMAN TRAFFICKING THAT MUST BE PRESENT?

A
  1. ACT
  2. MEANS
  3. PURPOSE
21
Q
  • 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;
A

ACT

22
Q

–methods of how the human trafficking committed

A

MEANS

22
Q

-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; and

A

MEANS

23
Q
  • 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.
A

PURPOSE

24
Q

WHAT ARE THE COMMONLY IDENTIFIED FORM OF HUMAN TRAFFICKING?

A

1) SEXUAL EXPLOITATION

2) FORCED LABOR

3) DOMESTIC SERVITUDE AND FORCED MARRIAGE;

4) ORGAN REMOVAL; AND

5) EXPLOITATION OF CHILDREN IN BEGGING, THE SEX TRADE AND WARFARE

25
Q

WHAT IS RA 9208

A

“ANTI-TRAFFICKING IN PERSONS ACT OF 2003”

26
Q

“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”

A

RA 9208 “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”

27
Q

This Act shall be known as the “Expanded Anti-Trafficking in Persons Act of 2012″.

A

RA 10364

28
Q

WHAT IS RA 11862

A

“EXPANDED ANTI-TRAFFICKING IN PERSON ACT OF 2022”

29
Q

RA 11862 “EXPANDED ANTI-TRAFFICKING IN PERSON ACT OF 2022”

A

-empowers government authorities by providing additional tools in its arsenal to go after Human Trafficking especially in the age of the Internet and digital platform

30
Q

– 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.

A

TRAFFICKING IN PERSONS

31
Q

“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.

A

TRAFFICKING IN PERSONS

32
Q

– 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.

A

CHILD

33
Q

– 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.

A

PROSTITUTION

34
Q

– 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.

A

FORCED LABOR

35
Q

– 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.

A

SLAVERY

36
Q

– 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.

A

INVOLUNTARY SERVITUDE

37
Q

– 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.

A

SEX TOURISM

38
Q

This includes sexual services and practices offered during rest and recreation periods for members of the military.

A

SEX TOURISM

38
Q

– 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.

A

SEXUAL EXPLOITATION

39
Q

– 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.

A

DEBT BONDAGE

40
Q

– 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.

A

PORNOGRAPHY

41
Q

inserted “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.

A

RA 10364

42
Q

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.

A

“Attempted Trafficking in Persons”

43
Q

inserted that Accomplice and Accessories to the crime of trafficking in person shall be likewise punishable under this law.

A

RA 10364

44
Q
  • Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts.
A

“ACCOMPLICE

45
Q

– Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices

A

“ACCESSORIES”

46
Q
A

CDI 3 (4 decks)

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