Part 1 Flashcards
offenses whose inception, prevention and/or direct or indirect effects involved more than one country.
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 Crime
- 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
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. It’s been called the “modern day slavery”. Trafficking in persons is an illegal act and is considered a violation of human rights and inimical to human dignity and national development.
Human Trafficking?
What are the three (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
What are the Commonly Identified Form of Human Trafficking?
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
“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
This Act shall be known as the “Expanded Anti-Trafficking in Persons Act of 2012″.
RA 10364
– 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.
“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
