Research On Criminal Investigation Of Organized Crime

Reviewing the past ten years, a series of special struggles against Mafia-evil force, which has never ceased except during the period from April,2003 to February,2006, almost constitute the history of cracking down organized crime in china. While special struggles against Mafia-evil force made remarkable achievements, the organized crimes in China have not been eradicated under the continuous cracking down activities by the law enforcement agency but have gained stronger momentum to develop in the tendency toward companying, enterprization and collectivization. Therefore, doubts arise as follows:Do the current specific modals of investigation for the organized crimes adapt to the development of organized crimes? Do some unfavorable factors exist on the aspects of system or execution of the organized crimes investigation activity in China? Accordingly, this paper focuses on promotion of crime investigation efficiency from the prospect of the organized crimes investigation activity, and it makes reflections on the current organized crime investigation in terms of combination with various problems in the investigatory practice, based on which ideas and suggestions are put forward for perfection and improvement in the hope of enhancing the investigatory and law-enforcement quality of the investigatory organs so as to fight against the organized crimes with justifiable and valid investigation activities.This paper falls into five chapters, including about 140,000 characters.Chapter one mainly explores the basic characteristics of organized crime investigation. Firstly, organized crimes are defined in this paper. At present, there is no unified understanding to the definition of organized crime both at home and abroad, the Criminal Law in China defines organized crime as "organized criminal group", instead of the internationally used "organized criminal syndicates" and "underworld organization" Definition of organized crime in this paper adopts the concept in China’s Criminal Law, namely, the crimes, prescribed by the Criminal Law, directly involved and committed by organized criminal group. Secondly, the basic characteristics of organized crimes are analyzed. Based on the criminal modal of the organized crimes, the major differences between organized crimes and individual crimes are summarized into three aspects:criminal types, organizational stratums and authority control, and the current basic characteristics of organized crimes of our country are investigated. Finally, in accordance with the aforesaid characteristics of organized crimes, the basic characteristics and special strategies of the organized crime investigation are summarized.Chapter Two mainly explores the investigation subjects of the organized crimes. The organized crimes in modern European and American countries have developed into a mature and stable stage. The investigation subjects of organized crimes in European and American countries can be generalized into three types:1. Procuratorial organ serves as the statutory investigation subject (the actual investigation subject is police organ):civil law countries where the procuratorial organ is the statutory investigation subject, the procuratorial organ remains the statutory subject of the organized crimes investigation in principle, but in the investigatory practice, it is mainly the police organs that actually carry out the investigatory activities.2. Police organ serves as the investigation subject. Take America as example:the police organs are vested full right for the investigation of the organized crimes, but due to the complexity of the organized crimes, the tendency of strengthening cooperation with the prosecutors to improve the evidence collection for better quality has become more obvious.3. Special organs and police organs serve as the joint investigation subject. Take U.K. as example:Serious Organized Crime Agency is established to fight against the increasingly serious organized crimes in U.K. and it is entitled to the new right of investigation. As a national special agency for investigation, the establishment of Serious Organized Crime Agency does not affect organized crime investigations the common police organs carried out, and the relationship between them is parallel and cooperative.At present, there are no investigation agencies specifically functioned by combating organized crime in China. Organized criminal cases were exclusively investigated by police forces, and there is no essential distinction between the organized and general criminal investigation subjects. Therefore, organized criminal investigation remains one part of the general criminal investigation work. Although investigation subjects of organized crime have been specified to some extent in the criminal investigation department of police force at all levels:police forces established organized crime detective squad in nationwide, there is no distinct difference between criminal police squad who investigate organized criminal cases and ordinary cases in staff qualification, funds allocation, technical equipments and professional training. Investigation subject without work specialization cannot adapt to the systematization, diversification, complication and other characteristic of the current organized crimes which would directly affect organized crime. Chapter three mainly explores organized criminal measures. It gives analysis and inspection to the surveillance, undercover officer, informer and secret witness measures in the legal provision and investigation practice that applied in the organized criminal investigation of United States, Germany, Japan and China. A variety of investigation measures applied to organized criminal cases mainly includes the conventional and the secret investigation measures. In recent years, provisions of investigation measures have been evolved in many countries to combat the growing crime wave and enhance the investigation agency’s capability of cracking down on organized crime, especially in the aspects of enduring and strengthening secret investigation measures. The international conventions as represented by <Naples Declaration> and<Palermo Convention> also reflect such development tendency. On account of the complexity activity of the organized criminal investigation, particularly with respect to interior structure hierarchy of organized crime, it is nearly impossible to investigate with crime scene investigation, searching detention and other investigation measures which are frequently used in ordinary criminal cases. Arresting and prosecution demanded that investigators collect sufficient evidence by the exertion of some secret investigation measures. Secret measures used in organized criminal investigation include surveillance (track monitoring), monitor, controlled delivery, undercover investigation, informer, etc., of which monitor, undercover investigation and informer play a vital role in ascertaining and understanding the interior structure of the criminal organization. Besides, in the activity of organized criminal investigation, the secret witness who afraid of been reengaged may refuse or provide inadequate information. Therefore, relevant protection given to the secret witness in investigation stage is very important. The secret witness may overcome barriers of fear and try to give full play to cooperate with investigation and evidence collection work only when he and his relatives are safe and security.Chapter four mainly explores the focus point of organized criminal investigation collection. Organized crimes are generally classified as the crime of the criminal organization (the crime of the underworld) and the crime committed by the criminal organization, the former means forming the criminal organization is committing crime itself, whereas the latter refers to the crimes the criminal organization committed. Therefore, organized criminal investigations also include two parts:investigating the constitutive requirements and ultimate facts of the criminal organization, and investigating the crimes that the criminal organization committed. Criminal organization, whether it is typical underworld organization or the specific underworld organization that exist in china’s mainland, all the constitutive requirements are very complex, and it’s difficult to testify. That is the focus of the organized criminal cases for the investigation organs. However, the crimes the criminal organization committed, such as drug trafficking, smuggle, blackmail, murder, kidnap, etc. are various but there is no essential distinction with general criminal cases in investigation method. Therefore, valid evidence collection which can prove "the crime of the criminal organizations" should be the focus of investigation and evidence obtaining of the organized crimes. In this chapter, the method of empirical analysis is adopted to respectively explore and compare the material forms of the criminal evidences and to prove the "crime of the criminal organization" in five organized criminal cases which were decided as guilty (final judgment) in Taiwan area and the organized criminal cases of the series of the Mafia-evil force cracking down case which are decided as guilty (first judgment), based on which the key point of investigation and evidence obtaining of the organized crimes in China is put forward.Chapter five mainly explores the conception to perfect the investigation system of the organized crime in our country. There are some unfavorable factors in the policy and execution of the present investigation system of the organized crime in our country, which imposing a bad impact on the investigation and combating the organized crime. In order to efficiently combat the organized crime, police forces shall firstly keep the whole people’s security and the global security in mind, the thought of the whole people security not only requires the active cooperation of ordinary citizens, but also the active participation of people in the industry which is most likely involved in the organized crime. In this aspect, our police forces may learn from the way of suppressing boryokudan in Japan. The thought of global security requires that police forces shall make the best use of forces of other countries and international organization to crack down the organized crime in our country.On the investigation subject of the organized crime in our country:investigation team of the organized crime has been found in nationwide public security organs, but, compared with vice squad who is in charge of general criminal case, there is no obvious distinction on staff qualification, funds allocation, technical equipments and professional training. However, facts show that it is impossible for investigation teams without strict training and excellent equipments to efficiently fight against the organized crime. Therefore, it is necessary to establish a comparatively independent investigation organization against the organized crime in the police organ, and to exert supervising responsibility of the procuratorial organ so as to strengthen the guidance at the stage of investigation.On the investigation measures of the organized crime in our country:as the most efficient measure against the organized crime, provisions on secret investigation measures can scarcely be found in relative laws and regulations in our country, which not only affects investigation and evidence collection of investigation organ for the reason of lacking provisions, but also is likely to violate citizen’s legal rights and interests, thus, it is requisite to bring the secret investigation measures into the Criminal Procedure Law, making the detail provisions on the scope and conditions of the applicable cases, the subject of execution, approval and supervision, period of validity, destruction of records and the subsidy of private party.On the witnesses protection of the organized crime in our country:due to the legislation imperfection of the protection of witness in the investigation procedure, there is no special system and institution of witness protection in the investigation of the organized crime, therefore the witnesses and their relatives are often revenged and witness will not actively cooperate with investigation organ to investigate and offer evidence in the investigation procedure, therefore it is necessary to enact legislation on the scope of protection objects, the department in charge of protection, starting procedure and protection scheme so as to perfect the system of the witnesses protection of the organized crime in our country. In addition to the perfection of legislation, the investigation practice of police forces also shall be improved, so as to strengthen the trust in police forces, to eliminate the fear of revenge and offer mere relative importations and clues.On the establishment of information database of the organized crime in our country:with the advent of the information age, many countries are making the best of the computer to store criminal information of the suspected individual and organization involving in the organized crime and of the crime which is occurring or planning. The collection of relative information about the organized crime from every law enforcement agency (including the central land local law enforcement agencies and the law enforcement agencies in different districts) and the reinforcement of communication and cooperation of criminal information may greatly help the law enforcement agencies efficiently crack down the organized crime, thus it is necessary for police force to establish a systematic information database of the organized crime with several administrative levels. The collection and analyze of the criminal information of the organized crime not only includes the criminal information of the suspected individual and organization involving in the organized crime and of the crime, but also the information which is seemingly not directly related to the organized crime. Only if the criminal information of the organized crime be collected and analyzed, can the basic situation of the criminal information be mastered, the criminal activities be grasped, criminal evidences be collected and the purposes of investigation be achieved.