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COMPARATIVE POLICE SYSTEM

 Comparative - Denotes the degree or grade by which a person, thing, or other


entity has a property or quality greater or less in extent than that of another.

 Police - A police service is a public force empowered to enforce the law and to
ensure public and social order through the legitimized use of force.
“Police is the public and the public is the police”- Sir Robert Peels

 System - A combination of related elements that is functioning as a


whole in order to achieve a single goal or objective.

 Comparative Police System - Process of outlining the similarities and


differences of one police system to another in order to discover insights in
the field of international policing.
It is the science and art of investigating and comparing the police
system of nations. It covers the study of police organizations, trainings and
methods of policing of various nations.

Why Compare?

 Crime has become a global phenomenon.


 Transnational crimes cross borders and the need for bilateral and
international cooperation become imperative.

HOW TO COMPARE?
SAFARI METHOD
 researcher visits another country.
COLLOBORATIVE METHOD
 researcher communicates with foreign researcher

THEORIES IN POLICING SYSTEM


HOMERULE THEORY CONTINENTAL THEORY
 Policemen are servants of the  Policemen are servant of higher
community authority.
 Effectiveness of policemen  They just follow the wishes of top
depends on the express wishes official of the government
of the people.
CONTINENTAL/ OLD MODERN SYSTEM
POLICING
 The yardstick of the efficiency  The yardstick of police efficiency
of the police is determined by is the absence or lesser occurrence
the number of arrest. of crimes.
 Punishment is the sole  Police omnipresence is considered
instrument of crime control. as the tool or instrument in crime
prevention.
THREE STYLES OF POLICING
1. Legalistic - It emphasizes on helping the community, as opposed to enforcing
the law.
2. Watchman - It emphasizes on informal means of resolving disputes.
3. Service - It emphasizes the use of threats or actual arrests to solve disputes.

Globalization
It is a process of interaction and integration among the people, companies,
and governments of different nations, a process driven by international trade and
investment and aided by information technology. This process has effects on the
environment, on culture, on political systems, on economic development and
prosperity, and on human physical well-being in societies around the world.
It is a package of translational flow of people, production, investment,
information, ideas, and authority. (M. Garcia)

Basic Facts About the Continents


Continent Land Area (square km)
Asia 43,820,000
Europe 10,180,000
Africa 30,370,000
North America 24,490,000
South America 17,840,000
Australia 9,008,500
Antarctica 13,720,000

Effects of Globalization to Law Enforcement


(V. Delos Santos)

1. The facilitation of transnational crimes and criminals can be easily achieved.


2. There is a need for transnational policing. The cooperation among police
organizations in the world is vital.
3. Training instructions for incoming law enforcement officers must include
advance computer to prepare them as cyber cops so they can be better prepared to
deal with cyber crimes.
4. Development of new strategies to deal with international organized crimes is a
must.
5. Provisions of law enforcement with updated legislations related to
modernization theories of crime.

Threats of globalization on law enforcement:


1. Increasing volume of human rights violation evident by genocide or mass
killing.
2. The underprivileged gain unfair access to global mechanisms on law
enforcement and security.
3. Conflict between nations.
4. Transnational criminal networks for drug trafficking, money laundering,
terrorism, etc.
Effects of globalization on Human Rights:
* The effect of globalization on state-based human rights violations will depend on
the type of state and its history.
* In general, analysts of globalization find that states’ international integration
improves security rights, but increases inequality and threatens the social rights and
citizens.
* Findings on the effectiveness of the international pressure on state human rights
policy suggests that target states must be structurally accessible, internationally
sensitive, and contain local human rights activists for linkage.

Theories of Comparative Policing


1. Alertness to crime theory. Is that as a nation develops, people’s alertness to
crime is heightened. They report more crime to police and demand the police
to become more effective in solving crime problems.
2. Economic or migration theory is that crime everywhere is the result of
understrained migration and overpopulation in urban areas such as ghettos and
slums.
3. Opportunity theory is that long with higher standards of living, victims
become more careless of their belongingness, and opportunities for
committing crime multiply.
4. Demographic theory is based on the event when a greater number of
children are being born. As these baby booms grow up, delinquent subcultures
develop out of the adolescent identity crisis.
5. Modernization theory sees the problem as society becoming too complex.
6. Deprivation theory holds that progress comes along with rising expectations.
People at the bottom develop unrealistic expectations while people at the top
don’t see themselves rising fast enough.
7. Theory of anomie and synomie (the latter being term referring to social
cohesion on values), suggest that progressive lifestyles and norms result in the
disintegration of older norms that once held people together.
Societal Type and Police System
There are four kinds of societies in the world: (1) folk-communal societies,
which are also called primitive societies; (2) urban-commercial societies, which rely
on trade as the essence of their market system; (3) urban-industrial societies, which
produce most of the goods and services they need without government interference;
and (4) bureaucratic societies, or modern post-industrial societies where the emphasis
is upon technique or the “technologizing” of everything, with the government taking
the lead.

Folk-communal society - has little codification of law, no specialization among


police, and a system of punishment that just let things go for awhile without attention
until things become too much, and then harsh, barbaric punishment is resorted to.
Classic examples include the early Roman gentiles, African and Middle eastern tribes,
and Puritan settlements in North America.

Urban-commercial society – has civil law (some standards and customs are
written down), specialized police forces (some for religious offenses, others for
enforcing the King’s Law), and punishment is inconsistent, sometimes harsh,
sometimes lenient. Most of Continental Europe developed along this path.

Urban-industrial society – not only has codified laws (statutes that prohibit) but
laws that prescribe good behavior, police become specialized in how to handle
property crimes, and the system of punishment is run on market principles of creating
incentives and disincentives. England and the U.S. followed this positive legal path.

Bureaucratic society – has a system of laws (along with armies of lawyers),


police who tend to keep busy handling political crime and terrorism, and a system of
punishment characterized by over criminalization and overcrowding. The U.S. and
perhaps only eight other nations fit the bureaucratic pattern. Juvenile delinquency is a
phenomenon that only occurs in a bureaucratic society.

Some people also talk about a fifth type: Post-modern society, where the
emphasis is upon the meaning of words and the deconstruction of institutions.

Developing countries tend to be lumped into the first two (1) and (2) types, and
the study of culture becomes more important in these contexts. Developed countries
tend to be the last two (3) and (4) types, and the study of structure becomes more
important. The study of culture involves the study of customs and folkways of the
people. The study of social structure involves the study of institutions, like economic
and political systems.

Variable affecting System Comparison on Police System

Many comparativists romanticize the folk-communal society or its low crime rates
as well as the way most quarrels and conflicts are settled privately. However, folk
societies are also known for “lumping it” which is the process of letting things go on
longer until it’s too much to tolerate anymore. Nonetheless, folk societies work very
hard to avoid the over criminalization common to modern bureaucratic societies.

The most frequently studied variable in comparative police system and criminal
justice is urbanization, or the process of internal migration from the countryside to the
cities. It is suspected that urbanization dissolves family ties, creates cultures of
poverty, and produces a stabilized criminal underworld consisting of well-defined
criminal career pathways. Also of importance are the variables of colonization and
underdevelopment, as these processes of globalization shape underdog ideologies
among exploited Third world people which come back in the form of terrorism
against the more developed countries. However, an event (like urbanization or
colonization) is not the cause of crime if it occurs when crime rates are falling.

Types of Police Systems


It is the consensus of experts that there are four types of criminal justice systems
in the world:

a. Common
b. Civil
c. Socialist
d. Islamic

This classifies all 185 nations in the world. It is important to compare nations that
have similar legal traditions because crimes may not be defined the same.

Interpol and the U.N. have dealt with this problem for years. Even something as
simple as murder is defined differently by different nations. In some countries, crime
data is based on offenses known to police, and in other countries, statistical data is
based on convictions. Certain countries (such as those in Central Africa) do not even
collect crime statistics. In other countries (mostly socialist ones), crime statistics are
collected, but the data are classified. It is also difficult to compare punishments, since
in some countries, the family members of the offender are punished, and the range of
punishments includes such things as stoning and mutilation.

Common law systems are also known as Anglo-American justice and exist in most
English-speaking countries of the world, such as the U.S., England, Australia, and
New Zealand. They are distinguished by a strong adversarial system where lawyers
interpret and judges are bound by precedent. Common law systems are distinctive in
the significance they attach to precedent (the importance of previously decided cases).
They primarily rely upon oral systems of evidence in which the public trial is a main
focal point.

Child law systems are also known as Continental justice or Romano-Germanic


justice, and practiced throughout most of the European Union as well as elsewhere, in
places such as Sweden, Germany, France, and Japan. They are distinguished by a
strong inquisitorial system where less right is granted to the accused, and the written
law is taken as gospel and subject to little interpretation. For example, a French
maxim goes like this: “If a judge knows the answer, he must not be prohibited from
achieving it by undue attention to regulations of procedure and evidence.” By
contrast, the common law method is for a judge to at least suspend belief until the
event of a trial is over. Legal scholarship is much more sophisticated and elitist in
civil law systems, as opposed to the more democratic common law countries where
just about anybody can get into law school. Romano-Germanic systems are founded
on the basis of natural law, which is a respect for tradition and custom. The
sovereigns, or leaders, of a civil law system are considered above the law, as opposed
to the common law notion that nobody is above the law.

Socialist systems are also known as Marxist-Leninist justice, and exist in many
places, such as Africa and Asia, where there had been a Communist revolution or the
remnants of one. They are distinguished by procedures designed to rehabilitate or
retrain people into fulfilling their responsibilities to the state. It is the ultimate
expression of positive law, designed to move the state forward toward the
perfectibility of state and mankind. It is also primarily characterized by administrative
law, where non-legal officials make most of the decisions. For example, in a socialist
state, neither judges nor lawyers are allowed to make law. Law is the same as policy,
and an orthodox Marxist view is that eventually, the law will not be necessary.

Islamic systems are also known as Muslim or Arabic justice, and derive all their
procedures and practices from the interpretation of the Koran. There are exceptions,
however. Various tribes (such as the Siwa in the desert of North Africa) are
descendants of ss

Police System vs. Criminal Justice System


With these influences of societal systems, Police System and Criminal Justice
Systems around the world varies depending on the kind of legal system. With the
exceptions of Japan and the Common Law nations, few countries hold their police
officers accountable for violations of civil rights. In Socialist and Islamic countries,
the police hold enormous political and religious powers. In fact, in such places, crime
is always seen as political crime or co-occurring religious problem.

Comparative Court System


Court Systems of the world are of two types:

Adversarial, where the accused is innocent until proven guilty. The U.S.
adversarial system is unique in the world. No other nation, not even the U.K., places
as much emphasis upon determination of factual guilt in the courtroom as the U.S.
does.

Inquisitorial, where the accused is guilty until proven innocent or mitigated, have
more secret procedures. Outside the U.S., most trials are concerned with legal guilt
where everyone knows the offender did it, and the purpose is to get the offender to
apologize, own up to their responsibility, argue for mercy, or suggest an appropriate
sentence for themselves.

Comparative Correctional System


Correctional systems worldwide can be easily distinguished by whether they
support corporal punishment (beatings) or not. Some so-called “civilized” countries
claim they are better than the U.S. because they don’t perform death penalty but
actually practice such corporal punishments as beatings and whippings. Nations that
practice corporal punishment do tend, however, to have less of a correctional
overcrowding problem. Probation and parole, where they exist cross-culturally, are
applied to the country’s citizens, and not for foreigners or immigrants.

Comparative Juvenile Justice System


Juvenile Justice Systems vary widely. Scotland has the toughest system, regularly
sentencing juveniles to harsh boot camps with a strict military regimen and forced
labor. Germany has a juvenile justice system similar to the U.S, where more emphasis
is upon education as punishment.

Modernization versus Colonial Thesis


The idea that technology produces common effects which tend to make all nations
increasingly similar is the modernization thesis (Shelley 1981). In this view, the
developing countries are destined to go through the same crime and control patterns s
the developed nations have gone through. This pattern mainly involves a skyrocketing
increase in property crime, the hallmark of industrial society. It also involves more
female emancipation, and certain problems arise from this, not the least of which is a
backlash of male violence. The implication of the modernization thesis is that
developed countries, like the U.S., ought to reach out, and help developing countries
manage or regulate the inevitable stages they will have to go through.

Opposed to this idea is the underdevelopment, or colonization thesis (Sumner


1982) which holds that it is the most advanced, developed nations in the world which
cause crime in dependent Third World nations. Corporations, for example, are allowed
to pillage raw materials and resources in the Third World. Likewise, most of the
developed nations do not engage in free trade. Instead, they subsidize their farmers
and producers at home, prohibit the import of cheap, foreign-made products, and
make their money by saturating foreign markets with luxury goods that create a sense
of rising expectations or unreachable aspirations in the Third World.

There is little debate, however, over the importance of urbanization. Comparative


criminologists believe urbanization is the primary cause of violent crime in any
society (Archer & Gartner 1984). When citizens migrate to the cities, kinship and
community ties are broken, and a sense of anonymity and impersonality develops.
Some of this impersonality is inherent to the nature of industrial and bureaucratic
work, but the problem in the cities appears to be the problem of income inequality,
where vast numbers of poor people live in fairly close concentration to wealthier
people, or those who are on the verge of “making it” economically.

(International Police)
- The largest international police organization in the world, located in Lyon
France, with National Central Bureaus in 190 member countries. (188 in 2010)

The Interpol is compromised of the ff. bodies:


1. General Assembly
2. Executive Committee
3. General Secretariat
4. National Central Bureaus
5. Advisers
6. The Commission for the Control of INTERPOL’s Files

What are organization’s four official languages?


1. Arabic
2. English
3. French
4. Spanish

The INTERPOL Notices System


An Interpol notice or international notice is issued by Interpol to share
information between its members.
o Red Notice - To seek the arrest or provisional arrest of wanted persons
with a view to extradition.
o Black Notice - To seek information on unidentified bodies.
o Yellow Notice - To help locate missing persons, often minors, or to
help identify persons who are unable to identify themselves.
o Blue Notice - To collect additional information about a person’s
identity or activities in relation to a crime.
o Green Notice - To provide warnings and criminal intelligence about
persons who have committed criminal offenses and are likely to repeat
these crimes in other countries
o Orange Notice - To warn police, public entities and other international
organizations about potential threats from disguised weapons, parcel
bombs and other dangerous materials.
Police Training
1. Carry out tailored I-24/7 user training courses worldwide according
national needs.
2. Organize NCB staff training courses for national officers working at
INTERPOL National Central Bureaus on a regional and language
basis.
3. Organize INTERPOL awareness seminars at the request of member
countries.
4. Inform crime programme managers of training requirements in their
area.
5. Exchange of good practice between NCBs (National Central Bureaus)

The INTERPOL is comprised of the ff. bodies:


1. THE GENERAL ASSEMBLY

 INTERPOL’s supreme governing body, it meets annually and comprises


delegates appointed by each member country.
 The assembly takes all important decisions related to policy, resources,
working methods, finances, activities and programs.
 It also elects the Organization's Executive Committee

2. THE EXECUTIVE COMMITTEE

 It comprises 13-member committee which is elected by the General Assembly.


 The Executive Committee is INTERPOL’s select deliberative organ which
meets three times a year.

How long is the tenure of duty of the executive committee?


 President - 4 years
 Vice- Presidents - 3 years
 They are not immediately eligible for re-election either to
the same posts, or as delegates to the Executive Committee.

3. GENERAL SECRETARIAT
 It coordinates the international activities of member countries, holds a library
of international criminal records, and organizes regular meetings at which
delegates can exchange information on police work.
 The General Secretariat operates 24 hours a day, 365 days a year.

4. NATIONAL CENTRAL BUREAUS (NCB)


 The NCB is the designated CONTACT POINT for the General Secretariat,
regional offices and other member countries requiring assistance with overseas
investigations and the location and apprehension of fugitives.
 Each INTERPOL member country maintains a National Central Bureau
staffed by national law enforcement officers.
National Central Bureau – Manila
 CHAIRMAN?
 Director General Philippine National Police
 MEMBERS:
 Director, National Bureau of Investigation
 Commissioner, Bureau of Customs
 Commissioner, Bureau of Internal Revenue
 Commissioner, Bureau of Immigration
 Governor, Bangko Sentral ng Pilipinas
 Executive Director, Dangerous Drug Board
5. ADVISERS
 These are experts in a purely advisory capacity, who may be appointed by the
Executive Committee and confirmed by the General Assembly.

6. COMMISSION FOR THE CONTROL OF INTERPOL’S FILES (CCF)


 To ensure that the processing of personal information by INTERPOL complies
with the Organization's regulations,
 To advise INTERPOL on any project, operation, set of rules or other matter
involving the processing of personal information and
 To process requests concerning the information contained in INTERPOL's
files

STRATEGIC PRIORITIES of INTERPOL


1. Secure global communication system.
2. 24/7 support to policing and law enforcement.
3. Capacity Building
4. Assisting member countries in the identification of crimes and criminals.

CORPORATE PRIORITIES
1. Ensure organizational health and sustainability.
2. Institutional and legal support.

Crime Areas
1. Corruption 11. Pharmaceutical Crime
2. Crimes against children 12. Terrorism
3. Cyber crime 13. Trafficking in Human Beings
4. Drugs 14. Trafficking in illicit goods
5. Environmental crime 15. Vehicle Crime
6. Financial crime
7. Firearms
8. Fugitive Investigation
9. Maritime piracy
10. Organized crimes
General Requirements:

Applicants must:

• Be nationals of one of the Organization's member countries;


• Be 18 years of age or older;
• Meet the requirements for the post as defined in the vacancy notice;
• Have a relevant degree, diploma or appropriate training (for the majority of
posts, this should be at the university level);
• Have previous relevant professional experience;
• Have an excellent command of English; a good knowledge of French is
desirable and sometimes essential for certain posts; some knowledge of the
Organization's other working languages (Spanish or Arabic) is often helpful;
• Indicate the level of command of each language when filling out the
Application Form:
– Mother Tongue
– Professional Fluency: Able to converse actively at high level of fluency
and prepare reports and papers.
– Working Knowledge: Able to follow work-related discussions, use the
telephone, and understand documents (grammar may be uncertain).
– Limited Knowledge: Able to understand simple conversations and
written texts.
– Basic: Some knowledge, but unable to work in the language.
– No skills
• Be able to use modern computer technology;
• Be able to adapt to a multicultural and multilingual working environment;
• Have the ability to work as a member of a team.

PHILIPPINE CENTER ON TRANSNATIONAL CRIME (PCTC) (E.O. 62)


 Its mission was to formulate and implement a concerted program of action of
all law enforcement and government agencies for the prevention and control
of transnational crimes.

INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP)


 The world's oldest and largest nonprofit membership organization of police
executives.
 IACP's leadership consists of the operating chief executives of international,
federal, state and local agencies of all sizes.

The current emblem of Interpol was adopted in 1950


and according to their website has the following
symbolism:
• the globe indicates worldwide activity
• the olive branches represent peace
• the sword represents police action
• the scales signify justice
The vision:
"Connecting police for a safer world".
The mission:
"Preventing and fighting crime through enhanced international police cooperation".
All 190 INTERPOL member countries are connected through a secure
communications system known as I-24/7. This gives police real-time access to
criminal databases containing millions of records. Our unique system of Notices is
used to alert member countries to fugitives, dangerous criminals, missing persons or
weapons threats

United Nations
* An international organization whose stated aims are facilitating cooperation in
international law, international security, economic development, social progress,
human rights, and achievement of world peace. It was founded in October 24,
1945 after World War II to replace the League of Nations, to stop wars between
countries, and to provide a platform for dialogue.
* The United Nations Headquarters resides in international territory in New York
City, with further main offices at Geneva, Nairobi, and Vienna.
* Composed of 193 member states.

Difference between the Official Languages of


Interpol and United Nations

INTERPOL UNITED NATIONS


1. Arabic 1. Arabic
2. English 2. English
3. French 3. French
4. Spanish 4. Spanish
5. Chinese
6. Russian
Principal Organs of the UNITED NATIONS:
1. General Assembly
 May resolve non-compulsory recommendations to states, or suggestions to
the UNSC (not a Parliament)
 Decides on the admission of new members, on proposal of the UNSC
 Adopts the budget
 Elects the non-permanent members of the UNSC, all members of
ECOSOC, on the proposal of the UNSC the UN Secretary General, and the
15 judges of the ICJ

When the General Assembly votes on important questions, a two-thirds


majority of those present and voting is required.

2. Secretariat
 Located in New York City
 Headed by the Secretary-General, assisted by a staff of international civil
servants worldwide.
 It provides studies, information, and facilities needed by United Nations
bodies for their meetings. It also carries out tasks as directed by the UN
Security Council, the UN General Assembly, the UN Economic and Social
Council, and other UN bodies.
 Secretary-General, who acts as the de facto spokesperson and leader of the
UN. The current Secretary-General is Ban Ki-moon, who took over from
Kofi Annan in 2007 and has been elected for a second term to conclude at
the end of 2016

3. International Court Justice


 Hague Netherlands
 The International Court of Justice (ICJ) is the primary judicial organ of the
United Nations. Established in 1945 by the United Nations Charter, the
Court began work in 1946 as the successor to the Permanent Court of
International Justice.

4. Economic Social Council


 The Economic and Social Council (ECOSOC) assists the General
Assembly in promoting international economic and social cooperation
and development.
 ECOSOC has 54 members, all of which are elected by the General
Assembly for a three-year term
 The president is elected for a one-year term and chosen amongst the small
or middle powers represented on ECOSOC. ECOSOC meets once a
year in July for a four-week session.

5. Trusteeship Council
 Trusteeship Council is authorized to examine and discuss reports from the
Administering Authority on the political, economic, social and
educational advancement of the peoples of Trust Territories and, in
consultation with the Administering Authority, to examine petitions
from and undertake periodic and other special missions to Trust
Territories.

Qualifications of UN Peacekeepers:

Professional Category
• high degree of analytical skills
• communication skills
• substantive expertise and/or managerial leadership ability
• Applicants are required to have a first level university degree from an
accredited university or institution
• An advanced degree may be required for some functions, as specified in the
Vacancy Announcement.
• A combination of relevant academic qualifications and extensive experience
may be accepted in lieu of the advanced university degree.

Field Service Category


Applicants are required to have a high school diploma or equivalent, some
positions may require a technical or vocational certificate.

Language Knowledge
English and French are the working languages of the United Nations
Secretariat. Fluency in English or French is required, knowledge of additional official
UN languages (Arabic, Chinese, English, French, Russian, Spanish) is an advantage.

Participation of PNP Personnel in UN Peacekeeping Mission

* Secondment
The movement of an employee from department or agency to another which
is temporary in nature and which may or may not require issuance of an
appointment which may either involve reduction or increase in compensation
A secondment is where an employee temporarily transfers to another job for
a defined period of time for a specific purpose, to the mutual benefit of all parties.
A secondment job can be full-time, part-time or job share.
* To be eligible for deployment into the UN peace-keeping missions, the police
commissioned officer of the PNP should have the rank of SENIOR
INSPECTOR.
* To be eligible for deployment into the UN peacekeeping missions, what should be
the age range of the applicants?
- 25-53 yrs old
* Two special skills of PNP applicants qualifying him for deployment to the UN
peacekeeping missions:
- Computer literacy and driving
* When the tour of duty in the UN mission is for a period of 1 year, the approving
authority should be Chief PNP.
* Under the priority list, PNP personnel who passed the UNSAT Examination but
without previous UN Mission deployment shall be 1st Priority.
UN Special Action Team
(UNSAT)
 AGE REQUIREMENT
Must not be less than 25 years old or more than 53 years old upon actual
deployment.

 RANK REQUIREMENT
• For Police Commissioned Officers (PCOs):
- PSINSP
• For Police Non-commissioned Officers (PNCOs):
- PO3

All applicants must have been appointed in permanent status in their


respective present ranks.

 SERVICE REQUIREMENT
Minimum of 5 years of active police service (excluding cadetship, officer
orientation/trainee course, and police basic course)

 PHYSICAL REQUIREMENT
Passed the latest Physical Fitness Test (PFT) conducted by the PNP DHRDD,
as well as medical, dental, and neuropsychiatry examinations.

 SPECIAL SKILLS NEEDED


– Computer Literacy Requirement
– Driving Proficiency Requirement

 UNIT RECOMMENDATION REQUIREMENT


Must be recommended by Unit Commanders (Command Group or Directors of
their respective Directorial Staff, National Support Units, or Police Regional
Offices).

OTHER REQUIREMENTS:
1. Must hold a Performance Evaluation Rating (PER) with a minimum Very
Satisfactory evaluation for two (2) consecutive rating semesters.
2. Must not have been repatriated from any previous UN mission for disciplinary
reasons.
3. Must not have been convicted of any administrative or criminal offense; have no
pending administrative/criminal cases in any body/tribunal/court.
4. No applicant should be a witness to any administrative/criminal case, especially
those covered by Republic Act 9165, or a summary hearing officer with unresolved
cases.

TERM OF DEPLOYMENT
All PNP personnel who are deployed as part of the UN Peacekeeping Mission
shall have one (1) year tenure, extendable to 6 months.
ASEANAPOL
(Asean Chief of Police)
Was established in 1981 and became the premier regional platform for all the
heads of Asian national police forces to interact as well as to discuss, exchange views
and update each other on the latest development in law enforcement and transnational
issues in their respective countries.
After 24 years, it has grown from 5 police chiefs to a solid force of the
ASEAN TEN, signaling the emergence of a regional alliance that is determined to
secure not only our own individual sovereignties but also the peace and progress of
our community.

ASEANAPOL Members:
o Indonesia o Cambodia
o Malaysia o Myanmar
o Philippines o Lao PDR
o Singapore o Vietnam
o Thailand o Brunei Darussalam

What are the objectives of the ASEANAPOL?


1. Enhancing police professionalism
2. Forging Regional cooperation in police work
3. Promoting lasting friendship among the police officers of ASEAN
countries.

EUROPIAN POLICE OFFICE


(EUROPOL)

Europol is the European Union'scriminal intelligence agency. It became fully


operational on 1 July 1999.
Europol's aim is to improve the effectiveness and co-operation between the
competent authorities of the member states primarily by sharing and pooling
intelligence to prevent and combat serious international organized crime.

INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP)

The world's oldest and largest nonprofit membership organization of police


executives, with over 20,000 members in over 89 different countries. IACP's
leadership consists of the operating chief executives of international, federal, state and
local agencies of all sizes.
Human trafficking is the acquisition of people by improper means such as
force, fraud or deception, with the aim of exploiting them.
Smuggling migrants involves the procurement for financial or other material
benefit of illegal entry of a person into a State of which that person is not a national or
resident.

Transnational Crime
*A working definition of transnational crime:
Crime that impacts on more than one jurisdiction. ei one country to another

*Adapted from the United Nations Convention on Translational Organised Crime:


Committed by Organized criminal groups that have a home base in one state,
but cooperate in one or more host states where there are favorable market
opportunities.

Well known types:


 drugs, economic, people smuggling, money laundering, environmental
What about:
 people trafficking, sea piracy, arms trafficking, precursor chemicals
 terrorism and the crimes that underpin or facilitate terrorism
Crossing of borders by:
 people - criminals, fugitives and victims
 things - commodities
 intent - traffic, defraud, circumvent etc
With international recognition of the crime:
 Conventions, Treaties and Laws

Philippine Experience
• Human Trafficking and • Terrorism
Smuggling • Drug Trafficking
• Money Laundering • Sexual Slavery
• Small Arms and Light Weapons • Cyber Crime

Human Trafficking
• Human Trafficking involves the recruitment, transport, harboring, or sale of
persons, within or across national borders, for the purpose of exploiting their
labor.
• Trafficked persons are also victims of organ removal and sale.
• Human trafficking is the acquisition of people by improper means such as
force, fraud or deception, with the aim of exploiting them.
• Smuggling migrants involves the procurement for financial or other material
benefit of illegal entry of a person into a State of which that person is not a
national or resident.

Human Trafficking and Human Smuggling


• Human Trafficking
- Usually involves coercion
- Characterized by subsequent exploitation after the illegal entry of a
person into a foreign country.
- Considered a human rights issue

• Human Smuggling
- Usually does not involve coercion.
- Characterized by facilitating, for an illegal entry of a person into a
foreign country
- Considered a migration concern

PHILIPPINE DOMESTIC LAWS


• Republic Act No. 9208-“Anti-trafficking in Persons Act of 2003”.
• Republic Act No. 7610-“Special Protection of Children Against Abuse,
Exploitation and Discrimination Act”.
• Republic Act No. 8042-“Migrant Workers and Overseas Filipino Act”
• Republic Act No. 6955-“An Act to Declare Unlawful the Practice of
Matching Filipino Women for Marriage to Foreign Nationals on a Mail-Order
Basis and Other similar Practices…
• Republic Act No. 8239- “Philippine Passport Act of 1996”

The most common destination for victims of human trafficking are


Thailand, Japan, Israel, Belgium, Netherlands, Germany, Italy, turkey and the US
according to the report by the UNODC, United Nations Office on Drugs and Crime.

The major sources of trafficked persons include Thailand, China, Nigeria,


Albania, Bulgaria, Belarus, Moldovo, and Ukraine.

CAUSES OF HUMAN TRAFFICKING


• Poverty
• Uneven economic development
• Family orientation & values
• Weak enforcement of laws
• Corruption
• Immediate benefits of working
abroad
ILLEGAL RECRUITMENT
R.A. 8042
Illegal Recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring of workers which includes
referring, contract services, promising or advertising for employment abroad, whether for
profit or not, when undertaken by a non-license or non-holder of authority

Modus Operandi of Illegal Recruiters


• Tourist Worker Scheme
• Escort Services
• Blind Ads
• By Correspondence
• Backdoor Exit
• Assumed identity
• Trainee-Worker Scheme
• Visa Assistance or Immigration Consultancy Scheme
• Camouflaged participants/representatives in seminars/sports events
• Mail Order Bride Scheme
• Tie-Up or Kabit System
ADOPTION METHOD
• Adoption of Children to smuggle out of the country;
• Foreigners will pretend to adopt them; but the reality, they will be sold to:
-labor markets
-Prostitution dens

FAMILY TOURS
• Organized by unscrupulous travel agency to have one “bogus family”;
• Somebody will pretend as parents; and
• Children will use tampered documents to complete the bogus family.

BACKDOOR EXIT
• MANILA – PALAWAN – KUDAT, MALAYSIA
• MANILA – PALAWAN – CAGAYAN DE ORO – TAWI-TAWI – SANDAKAN –
KOTA KINABALU

Money Laundering
Conversion or transfer of property knowing that such property is derived from
a criminal offense, for the purpose of concealing or disguising the illicit origin or the
property, or assisting any person who is involved in the commission of such offense,
or offenses, to evade legal consequences of his action; (UN Definition)
Money laundering suggests a cycle of transactions in which the illegitimate
dirty money comes out clean after being processed into a legitimate legal source.
(Fairchild, 2001)
The monetary proceeds of criminal activity are converted into funds with an
apparent legal source. (Manzel, 1996)
“The process of converting cash, or other property, which is derived from
criminal activity, so as to give it the appearance of having been obtained from a
legitimate source.”
Philippine Definition (AMLA Section 4) (R.A. 9160 Anti Money Laundering
Act of the Philippines) is a crime whereby the proceeds of unlawful activity are
transacted, thereby making them appear to have originated from legitimate source.
“TURNING OF DIRTY MONEY INTO CLEAN MONEY”

PLACEMENT
- Process of moving money from the location of the criminal activity
- Getting currency into the bank, around the reporting system, at home or abroad.
- “Smurfing”

LAYERING
- Involves the frequent series of money transfers and transactions used to “cover
the tracks” of the illegal funds.
- “Heavy soaping”
- The use of the electronic methods is the most cost effective layering

INTEGRATION
- When the money is returned to the regular economy through purchase of
investment.
- The launderer then makes the proceeds available to the criminals in an
apparently legitimate form.
- “spin dry”

LOAN SHARKING
It refers to the lending of money at excessively high rates of interest.

LOAN SHARKING EMBRACES TWO CENTRAL FEATURES


• The assessment of exorbitant interest rates in extending credit and;
• The use of threats and violence in collecting debts.
SMALL ARMS AND LIGHT WEAPONS ARMS SMUGGLING
• “Firearms - includes rifles, muskets, carbines, shotguns, revolvers, pistols and all
other deadly weapons from which a bullet, ball, shot, shall or other missile maybe
discharged by means of gun powder or other explosives. The barrel of firearms
shall be considered complete firearms.” --- PD 1866:

TERRORISM
The systematic use of terror, especially as a means of coercion. It refers only
to those acts which are:
1. Intended to create fear
2. Are perpetrated for ideological goal
3. Deliberately target non-combatants
 Simply a means to end, not an end in itself;
 Accomplish nothing in terms of goal;
 Aims at obtaining a response that will achieve political goals;
 Aimed not so much at the target upon which the initial act is committed, but to a
much wider audience who will view and interpret the act

R.A. 9372
The Human Security Act of 2007
Sec 3. Any person who commits an act punishable under any of the following
provisions of the revised penal code
1. Art 122(Piracy and Mutiny)
2. Art 134 (Rebellion and Insurrection)
3. Art 134-a (Coup d etat)
4. Art 248 (Murder)
5. Art 267 (Kidnapping and serious illegal detention)
6. Art 324 (Crimes Involving Destruction) Or under
7. PD 1613 (The Law on Arson)
8. R.A. 6969 (Toxic Substance Control Act)
9. R.A. 5207 (Atomic Energy Regulatory Act)
10. R.A. 6235 (Anti – Hijacking Law)
11. PD 532 ( Anti Piracy and Highway Robbery)
12. PD1866 (Illegal Possession of Fire Arms)

Thereby sowing and creating a condition of widespread and extraordinary


fear and panic among populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty
of 40 years of imprisonment without the benefit of parole as provided for under Act
4103, otherwise known as the indeterminate sentence law, as amended.

CATEGORIES OF TERRORIST GROUPS


A terrorist group’s choice of targets and tactics is also a function of
government affiliation. They are categorized by government affiliation. This helps
security planners for terrorist targets, and is sophisticated intelligence and weaponry.
Terrorist groups are divided into three categories:
a. Non-state supporter – A terrorist group that operates autonomously,
receiving no support from any government.
b. State supported – A terrorist group that operates alone but receives
support from one or more governments.
c. State directed – A terrorist group that operates as a great government,
receiving substantial intelligence logistic operational support

Drug Trafficking
The illegal drug trade or drug trafficking is a global black market
consisting of the cultivation, manufacture, distribution and sale of illegal drugs.

Sexual Slavery
It refers to the organized coercion of unwilling people into various
different sexual practices. It encompasses most if not all forms of forced prostitution.

Prostitution
The act or practice of providing sexual services to another person in return
for payment.
People who execute such activities are called prostitutes.
Prostitution is one of the branches of the sex industry. The legal status of
prostitution varies from country to country, from being a punishable crime to a
regulated profession.
Described as the “world's oldest profession”

Cyber Crimes
• Various types of offending behavior directed against computer systems, networks
or data.
• Crimes committed with the use of information technology where computer,
network, internet is the target where the internet is the place of activity.
• RA 8792 -Electronic Commerce Act
• RA 8484 – Access Device Act
• RA 10175- CYBERCRIME PREVENTION ACT OF 2012

THE DEPARTMENT OF JUSTICE CATEGORIZES COMPUTER CRIME IN


THREE WAYS:
• The computer as a target - attacking the computers of others (spreading viruses is
an example).
• The computer as a weapon - using a computer to commit "traditional crime" that
we see in the physical world (such as fraud or illegal gambling).
• The computer as an accessory - using a computer as a "fancy filing cabinet" to
store illegal or stolen information.
Computer as a Weapon
 Hacking / Cracking – refers to unauthorized access into or interference in a
computer system/server or information and communication system.
 Virus – a small file that attaches to emails or downloads and infects computers.
 Denial-of-Service (DoS) - illegal act to bring a particular system down or to
malfunction a system.
 Web defacement - a form of malicious hacking in which a Web site is
“vandalized.”
• Malicious Email Sending – The act of Sending malicious and defamatory
electronic mails.
• Internet Pornography – The trafficking, distribution, posting, and dissemination of
obscene material including children’s nude pictures, indecent exposure, and child
sex slavery posted into the internet, live streaming videos aired through internet
under a certain fee.
• Online Auction Fraud

Technical Terms:
 ISP – Internet Service Provider
 IP Address – Series of numbers assigned by an Internet Service Provider To an
Internet user when it connects to the internet. It is considered as the anchor of
investigation of all internet crimes.

Famous Viruses and Worms:


• I love You Virus – Onel De Guzman (May 4, 2000) Filipino Science Student
• Internet Worm - Robert Morris
– The world famous worm
– It almost brought development of internet to a complete halt
• Melissa Virus - David Smith
– He was sentenced to 20 months of imprisonment.
• Ms Blaster Worm/W32
– attacks the Microsoft Windows

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