Turkey 2006

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Diversified, ultra technical, with out borders : the organized crime is in the time of globalization. As the economical delinquency brings bac= k as the classical traffics, for a least penal risk.

At the crack of down of 21st century, all the crim= inal economy networks have engaged the upper speed, passing to industrialized ladder. The explanation of such new golden age explains in two words: Globalization and Technology.

Taking advantage of the growing up freeing of exchanges, the Mafiosi have magnified their trades and spread their perimet= ers. Now their fundamental (money) can circulate all over the globe in the twink= ling of an eye of mouse, and the cyber criminal practice is booming.<= /span>

The ways which were before the monopoly of States = or multinationals are become now any assortments of the Mafiosi’s networ= k.

Perfectly in phase with the logic of globalization, they have no economy lecture to receive from some one. The crime baron mast= ers at fingers length the principal of modem capitalism :

The innovation, the diversification and flexibilit= y, such like all the companies with are worry about it development. They come = to invest in the hi-tech area.

The technical developments and the custom’s evolutions in the world go unfortunately these last years with anti-social = behaviors which threats the security services in nati= onal and international plan.

In the most of countries, security services are sometimes confronted with typically new behaviors, although, already observed, but which characterize each other by a complete= ly new functional way.

Face to this cons tat, communities get organize by taking appropriate measures when they are not yet exist.<= /p>

In the case of the Republic of Congo, it is important to establish new or recurrent domestics= behaviors that security services observe at loc= al level and to show their negative implication in the international level.

Some efforts have been taken for making a effectiveness criminal politic.

Domestic behaviors and implication in the international level The Congolese criminal law is fully based on the legality of offences and penalties principle this principle postulate that all fact of man as reprehensible as that is cannot be from criminal nature only, it’s lay down with a law.

Consequently, domestic behavi= ors that can have influence on the international security are either from crimi= nal nature or understood as a deflection because although reprehensible, they a= re not constitutive with penal offences.

Behaviors= from criminal nature and t= heir structures

The traffic of the travelling documents

The traffic of the travelling document became a pe= nal Tran frontier to its (modus operand) In fact, the applicant succeed to deliver definitively himself a visa. Once out home, he puts his passport on sale for 1200 €.

The new purchaser becomes himself applicant for traveling. As soon as he gets the passport with him, = he enters into unofficial, that is to say; He contacts some appropriate networ= ks in order to get him self established another passport, including his photog= raphy, but with the full civil state information of the original passport.

In the laboratory of fortune these two passports w= ill be removed in two leaves. So, these leaves including the stickers label, jo= ined with leaves having the photography.

With this assembly, a new passport is obtained and ready to be use by another clandestine traveler. Then, the original passport can be pieced together and returned back to its owner.

The falsification of the trav= eling stay makes considerable easier the delinquent moving.

Presently, the passport is a very envious item. Our services make a registration complaints about pa= ssport robbery as it is so for mobile phones.

The fault commit in the passport is the matter of legal proceeding on the base of 153 articles and according to the penal cod= e.

The production, the sale, the consumption and the Cannabis or Indian Cannabis traffic

The traffic of the cannabis or the Indian cannabis= has favored its production in great quantity.<= /o:p>

There is link between producers with dealers. These ones have always a large complicity at the level of Tran frontier services.=

The functional way is the following: The Indian cannabis is dried and dispatched to big cities in packages.

Then, this cannabis is compressed and packed in the laboratories of fortune. The packages are whitewashed with such a substance having property to thwart the effectiveness of all detective system present= in the airport, including the snuffer dogs.

So, the Indian cannabis is transported and commercialized clandestinely in the Europe countries.

The consumption’s ravages of the Indian cann= abis on the population’s health notably to young peopl= e, are reported to us every day by medias.

The production, the sale, the consumption and the cannabis traffic are the repressed facts of August 29 1926 decree, having t= he interdiction of the cannabis cultivation and the repression of its use as d= rug. However, it is necessary to indicate that the present state legislation is = not yet at the international legislation on the subject and to the repression of ot= her drug’s forms.

The false money traffic

The most recent example is the case lived by UMOA Countries (West African Monetary Union).

In fact, citizens from West Africa living abroad, have contacted a clandestine laboratory instal= led in Slovenia. This is, to make the false money.

This laboratory has their produced in important quantity of false money in 10.000 f banknotes, used in the countries member of UMOA.

This money is dispatched towards the light (8) countries of UMOA with the help of their national citizens living in France and in Belgium.

The traffic of this false money has caused an important prejudice of the econom= y of UMOA countries.

The African Bank of development has strengthened t= he control means and had made repressed without complacency with the authors a= nd accomplices. This had lead to end that financial outflow with important consequences.

Without any doubt, the foreigner’s financial institutions, in accordance with UMOA, either directly or indirectly undergo prejudices.

The false money constitute a serial of penal infractions sanctioned by the 132 articles and according to= the penal code.

Behaviors= understood as deflection

The traffic of oil (fuel)

At the time of the large shortage of oil in Brazzaville, We assist to a traffic of this producti= on over the Congo’ river, between Kinshasa ( ex<= /span> Zaire ) and Brazzavi= lle ( ex French Congo).

Oil dealers cross the river by night on board of canoes.

Thus, they carry on from Kin= shasa to Brazzaville, they conditioned oil in plastic bags, this will all risk that including not= ably dealers’ life.

The packing is then sewed and used to thwart the vigilance of the border patrol agents.

It still is so because the traffic is done nightly= .

An important quantity of oil is falsely introduced= in Brazzaville, out = of economic legal circuits. Which has for effect to disorg= anize the commercial circuits and to carry a loss of profit away in the financial plan.

Besides, the oil gained with these conditions, is = not always of good quality. That is why several purchasers from Brazzaville had had noticed the engine’s deterioration of their vehicles, notably taxes (destruction = of machines).

The mineral’s traffic<= /p>

The raw materials of African’s countries are= fraudly dispatched especially towards European countr= ies. In fact, dishonest dealers, get on with members of certain crew of famous flying companies, in order to dispatched towards= other countries, diamantes, gold and other raw materials.

Contacts are taken in the hotels where are accommodated members of crew flying companies.

Huge quantity of precious ston= es are delivered to them. We have to recognize that at the level of the airports in the African countries, crew members are not firmly (correctly checked).

Then, these minerals are with impunity dispatched = on board.

These domestic behaviors and their implication in the international scale have led Congolese authorities= for acting. Answers to this criminal phenomena have = been given.

Answers to criminal phenomena = : Criminal politic

The interactive recurrent criminality in the natio= nal and international scale identified above here necessary requires to Congolese State the elaboration of a proport= ional and vigor criminal politic.

For that, it’s important to have support on texts of national references, international custom, expressed with the different treaties pacts, conventions and agreement that the Republic of Congo has signed and ratified.

However, the construction of this criminal politic= is bumped beforehand into two (2) major difficulties from definitional nature.= In fact, how can we understand the criminal politic concep= t ?

Traditional criminal politic

In its classical sense, “The criminal politic” sometimes called “penal politic” is understood” as a” set of repressive produces by which the state= act against crime. This definition, extremely restrictive, limits the reaction against crime.

At the only repressive law mea= sures :

- General penal law

- Special pe= nal law, the additional regulations indeed transversal maintenance of order in = the Republic of Cong.

At the only exclusive responsibility of state, because, traditional, it disposes prejorative p= ublic power.

Implementation and consequences of classical crimi= nal politic

From the sixty years to now a days, the criminal politic elaborated in the Republic of Congo still rema= in enclosed in the narrow definition of struggling against crime. It remained = indifferent, indeed bounded to the irreversible invasion of Congo in the international an= d transnational crimes.

The traditional state institutions ( policing, soldier, justice) untimely, sometimes the (CFA) Congolese Force Army charge= d to struggle against crime in the context of these narrow penal politic have failed.

In fact, it appears at the simple stating in the R= epublic of Congo, notably in the main cities : Brazzaville, Pointe-Noire, Dolisie, NKayi, Ouesso, Owando, Impfondo that these criminal politics have not given satisfaction in the expect of the population assurances, with the cohesion&= #8217;s need of the national community to rebuild national economy after the recurr= ent civil wars in which the Republic of Congo felt into (1993-1994) and (1997-1998) disrepair of the international movement in the international community.

In what these criminal politics have especially consisted ?

At once, we have to indicate negatively that the struggling measures against criminality overrunning above here fit the crim= inal politic only with terms that is why it cheats. Truly, it’s a question= of reactional state measures, punctual, tonic, incoherent. They are not really applied and disappear without that the criminality which aroused them emotionally have not been at least reduce, at the very most defeated. So, the mixed punctual operations = (Policing, soldier and C F A) in prevention and transnational criminality in the Congolese territory have been organized in this purpose. They have been various and successively baptized “Pacific III, Sparrow hawk, Hope Clean, etc…”.<= /span>

The question is not to have any doubt about terms manifestly suggestive and porters of hope and security. But they are often invalidated on the ground. So, it still is, because the fulfillment of these operation hit very often into difficult= ies of execution.

They are bound to the mediocrity of the logistic a= nd the quality of the agents charged of this fact.

It= is for that, without any doubt that we observe the inability of these punctual operations to bring the lasting solutions to the issue of the criminality in the national scale, by the way, they cannot effectively spurt out on the security need of the international community.

The Republic of Congo is among o= ther member of OIPC Interpol and IPES. In fact, its services of repression legitimacy and basically hope to this international cooperation.=

So it is still, because it has a vocation to bring security in the international community with the struggling against the criminal phenomena.

Better and better services master the tran nationality of crimes identified above here, because of the central file / central network well h= old.

However, under the profit observations make above here. It much shows how the struggle against criminal phenomena becomes more and more important and diversified.

Then, it becomes inoperative to abandon it (to lea= ve) it alone to the state. It objectively calls the construction of a coherent,= ultidisciplinary criminal politic and taking support = in a national and international legal context, intelligently conjugated.

The hope of a modern criminal politic

Definition of the modern criminal politic

In this way, the notion of the criminal politic, m= ust go to the conquest of more extensive,more integrative definition . So, during October 2004, the public persecution’s office of Brazzaville in accordance with certain = NGO human rights have organized the workshop of discussion on the crimin= al phenomena. They have consisted to conceive and to elaborate an effective and modern criminal politic. They have resulted from it the modern definition w= hich now a days makes authority.

It is viewed as a set of procedures with what the social body organizes any answers to the criminal phenomena.

It is an issue of an integrative definition on thi= s, it takes in consideration, not only penal constructions, but also all these criminology, criminal sociology and these from many others out ling, surrounding disciplines.

They are indisputably and unavoidably comp table in pacific cohabitation or sometimes positively provoking from human existence= and scientific exploration of the criminal phenomena in its causes, its structu= res, its manifestations and its consequences within the

national and the international social body.

Implementation and consequences of the modern crim= inal politic

From then in Congo, notably, it emerges fr= om Brazzaville Court Office / Justice Office“Crimin= al politic understood and lived at the same time” as impulsive theory and practice ofdifferent forums conjugated and cohe= rent of the social control, repressive and non repressive :<= /span>

Penal sanctions, administration sanctions, differe= nt mediations, compensation of protestation actions of NGO in valued in the promotion and in the protection of human rights and most often in the international scale, these from international Amnesty.

Thus, the transnationality of the criminality identified above here is conjugated to the national crim= inality comparable from nature in their structure and their (modus operandi) by the way, it dictates in Congo to build a fighting reaction, that is to say a coherent and proportional local criminal politic, the one which adapts gene= ral measures of the social prophylaxis (to aware and / or t= raining ) in accordance with conventions and laws ratified by the Republic of Congo.

The cleaning up of the physical environment, the drying up of the most important raw materials and the most recurrent of the national and Tran national crime. It must give itself a permanent strategy to ensure cohesion and the citizens’ survival, living on the national territory without discrimination. Moreover, it must not be differe= nt to the structures and functional mechanisms of the tran= s national criminal network, to contribute at least to the peace of the international social body.

Consequently, in the Republic of Congo, choice and elaboration of local criminal politic have to stretch to the delimitation of the national and transnational criminal phenomena and to the determination of the answers that one has to bring out to that phenomena. For this, we have t= o take into account, on the one hand, the way that the security need is appraised, field and understood by the Congolese’s on the international scale, on the other hand, the guaranty level of this need as far as by the Congolese legislature than by the repressive instruments ratified by our country.

In this respect, the Re= public of Congo tries an experience tha= t we wish “ “with the Public Prosecutor&#= 8217;s office of Brazzaville. It takes the base on the opening of the penal network to the civil society = in the movement of public action. It keeps itself from now to function in a cl= osed penal network witch is traditionally the State’s monopole. It makes c= all to the national and international social body, over several forms.

Implementation of a reliability alarm system : denunciation, testimony, It is = here about the solitary participation of the civil society / national and international (NGO) to the penal network. In that fact, one telephone numbe= r is well-disposed towards people, on the national and international scales.

Collaboration with the c= ivil society : es= pecially the NGO ‘s national and international right man and to put them as invited partners to the public action, beside any classical auxiliaries of = the judicial policing and some civil servants in what the law has given mission= of legal policing.

The elaboration of a coherent politic of the city = and the social development

Towards the elaboration of contemporaneous reflex = of struggling against the criminal phenomena The op= ening of penal network within the frame of the modern criminal politic as a globa= l answer to the criminal phenomena, presents now any polymorph advantages:

- Recognize, from now in the Republic<= /st1:PlaceType> of Congo, the natio= nal and international civil society as partner of penal process; the struggle against the crime is the matter of all the honest citizens on the planetary scale.

- Talk to the actor’s conscience of repressive justice (Magistrates, Legal police officers, Attorney etc.) that the indicated crimes now = a days cross calmly the national borders. The delinquents act in invading network, extremely clever, elaborated and very structured. That leads to create any reflexes of a new culture and more refined characterized by the struggling = mix structures against the crime and by other form of collaboration and international cooperation’s ( technique, logistic qualified personnel= ’s, etc..)

Colonel Jean-E= tienne ELION

IPES Director for French Africa

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