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Article

Lianlian Liu

The issue of concurrent jurisdiction over cross-border crimes has become common in a globalizing world, while the rigid compliance with territoriality and active…

Abstract

Purpose

The issue of concurrent jurisdiction over cross-border crimes has become common in a globalizing world, while the rigid compliance with territoriality and active personality jurisdiction has created a legal vacuum for cross-border crimes in many situations. The jurisdiction dispute between mainland China and Taiwan over cross-border telecom fraud crimes is a good example. In recent years, the Ministry of Public Security of the People’s Republic of China cracked down a series of cross-border telecom fraud crimes against mainland residents and extradited suspects to mainland China. Given a certain proportion of Taiwan residents in criminal gangs, the Taiwan side raised jurisdiction objections, arguing that mainland China had no right to exercise jurisdiction over Taiwanese criminals. The essence of the jurisdiction dispute between two sides is the concurrence of Taiwan’s right to exercise active personality jurisdiction and the mainland’s right to exercise passive personality jurisdiction. The purpose of this paper is to analyze the connotation of different jurisdiction principles (namely, territorial, active personality, protective and passive personality jurisdiction) and reinterpret their prioritization of applicability from a jurisprudential perspective, and thus, enhance the theoretical basis for resolving the issue of concurrent jurisdiction over cross-border crimes.

Design/methodology/approach

By reviewing the historical trajectory of major jurisdiction principles since the 1920s, and studying the specificities of the case in this context, this paper argues that territorial jurisdiction and active personality jurisdiction have presumed priority but not an absolute priority for resolving the issue of concurrent jurisdiction. The applicability of protective and passive personality jurisdiction could precede the former provided the jurisdictions of territoriality or active personality are inadequate, incompetent or lack of motivation to combat crimes, which harm other jurisdictions.

Findings

The developmental trajectory and contemporary connotation of major jurisdiction principles suggests that the legitimacy of the mainland’s exercise of passive personality jurisdiction over Taiwan criminal suspects lies in the urgent need to recover mainland victims’ significant property loss, the incompetence of Taiwan in detecting and prosecuting telecom fraud crimes committed by Taiwanese residents and targeting mainland victims and that the mainland has guaranteed the Taiwan side’s right to be timely informed and fully participate in its exercise of criminal jurisdiction over crimes involving Taiwan suspects.

Originality/value

Current literature on jurisdiction doctrines mainly uses a historical or descriptive approach to reveal the attitudes of different countries toward jurisdiction principles, which helps little in resolving the issue of concurrent jurisdiction over cross-border crimes in an era of globalization. This paper uses an interpretative approach, reinterprets the contemporary connotation of different jurisdiction principles and redefines the criteria for determining their prioritization in the context of the specificities of a case. It is expected to update the academic literature for resolving concurrent jurisdiction, fill the legal vacuum for combating cross-border crimes created by rigid compliance with territorial jurisdiction, and meanwhile relieve concerns about abuse of extraterritorial jurisdiction as it provides concrete standards for weighting the applicability of jurisdiction principles.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

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Article

Roderic Broadhurst

Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.

Abstract

Purpose

Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.

Design/methodology/approach

International efforts to combat cyber‐crime are reviewed by evaluating the forms of mutual legal assistance (MLA) now in place.

Findings

Cyber‐crime is often traditional crime (e.g. fraud, identify theft, child pornography) albeit executed swiftly and to vast numbers of potential victims, as well as unauthorised access, damage and interference to computer systems. Most detrimental are malicious and exploit codes that interrupt computer operations on a global scale and along with other cyber‐crimes threaten e‐commerce. The cross‐national nature of most computer‐related crimes have rendered many time‐honoured methods of policing both domestically and in cross‐border situations ineffective even in advanced nations, while the “digital divide” provides “safe havens” for cyber‐criminals. In response to the threat of cyber‐crime there is an urgent need to reform methods of MLA and to develop trans‐national policing capability.

Practical implications

The international response is briefly outlined in the context of the United Nations (UN) Transnational Organised Crime Convention (in force from September 2003) and the Council of Europe's innovative Cyber‐crime Convention (in force from July 2004). In addition, the role of the UN, Interpol, other institutions and bi‐lateral, regional and other efforts aimed a creating a seamless web of enforcement against cyber‐criminals are described.

Originality/value

The potential for potent global enforcement mechanisms are discussed.

Details

Policing: An International Journal of Police Strategies & Management, vol. 29 no. 3
Type: Research Article
ISSN: 1363-951X

Keywords

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Article

Richard Burger and George Davies

The purpose of this paper is to describe the ramifications of the UK Extradition Act of 2003 in the light of the extradition of the “Nat West Three” to the USA.

Abstract

Purpose

The purpose of this paper is to describe the ramifications of the UK Extradition Act of 2003 in the light of the extradition of the “Nat West Three” to the USA.

Design/methodology/approach

The paper briefly outlines the background to the case and discusses British extradition arrangements.

Findings

The increasing harmonization of regulation and co‐operation between enforcement agencies across international borders, combined with the increasing criminalization of regulatory breaches has made the risk of extradition all too real for city professionals.

Originality/value

The paper highlights changes to UK extradition procedures and the implications for white collar crime.

Details

Journal of Financial Regulation and Compliance, vol. 14 no. 4
Type: Research Article
ISSN: 1358-1988

Keywords

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Article

Sundaresh Menon and Teo Guan Siew

The purpose of this paper is to identify the key challenges in tackling modern economic and cyber crimes, evaluate the existing legal and enforcement mechanisms in place…

Abstract

Purpose

The purpose of this paper is to identify the key challenges in tackling modern economic and cyber crimes, evaluate the existing legal and enforcement mechanisms in place, and propose a way forward to address these challenges.

Design/methodology/approach

The paper analyses the main difficulties posed by the borderless, complex and rapidly evolving nature of modern economic and cyber crimes. This allows the key shortcomings of the present legal and enforcement infrastructure to be identified. By examining different models, ranging from vertical supranational structures such as the International Criminal Court and the proposed European Public Prosecutor, to soft‐law regimes such as the intergovernmental network the Financial Action Task Force, as well as intermediate approaches like Eurojust, a hybrid model incorporating elements from these various regimes is proposed.

Findings

A transnational approach must be adopted to address the phenomenon of modern economic and cyber crimes which are cross‐border, complex, profit‐driven and rapidly evolving. A suitable multilateral platform needs to be created to facilitate international co‐operation in a more coordinated and sustained fashion, and for the development of a set of common standards and principles to be enforced through a process of mutual assessments and periodic peer review.

Originality/value

The paper advocates the establishment of a hybrid multilateral regime which incorporates both elements of a “vertical” supranational structure as well as a “horizontal” state‐centric framework. This will inject the institutional focus to facilitate international co‐operation and also provide the platform for the promulgation of common standards and principles in fighting cross‐border economic and cyber crimes. The paper will be of interest to law enforcement agencies, prosecutorial authorities and national policy makers.

Details

Journal of Money Laundering Control, vol. 15 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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Article

Mark Button

The purpose of this paper is to illustrate the growing problem of cross‐border fraud, assess the structures that have emerged to deal with it, identify weaknesses and make…

Abstract

Purpose

The purpose of this paper is to illustrate the growing problem of cross‐border fraud, assess the structures that have emerged to deal with it, identify weaknesses and make the case for a new international body to lead the fight against cross‐border fraud.

Design/methodology/approach

This paper reviews various primary and secondary resources drawn from around the world to assess the current infrastructure for addressing cross‐border fraud.

Findings

The paper finds various gaps as well as examples of good practice in the fight against cross‐border fraud. However, to have a meaningful impact it is concluded a new international body is required.

Research limitations/implications

The paper is largely focused upon the English speaking world and the European Union and does not explore the nature and response to the problem beyond these areas, other than in current international led responses.

Practical implications

The findings have implications for national and international bodies in considering appropriate ways forward in creating stronger infrastructures to counter cross‐border fraud.

Originality/value

This paper will be useful to policy‐makers and the law enforcement community in considering options for the future and is the first to advocate a new international capacity to fight cross‐border fraud.

Details

Policing: An International Journal of Police Strategies & Management, vol. 35 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

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Article

Ki Heun Kim

The purpose of this paper is to examine a newly initiated strategy for international cooperation in criminal justice; specifically, the facilitation of a “Korean Desk”…

Abstract

Purpose

The purpose of this paper is to examine a newly initiated strategy for international cooperation in criminal justice; specifically, the facilitation of a “Korean Desk” between the Philippines and the Republic of Korea, as a case of successful collaboration.

Design/methodology/approach

International efforts to formulate and implement the Korean Desk are reviewed, by collecting legal and administrative literature on its implementation.

Findings

The Korean Desk, as a newly implemented strategy to handle the increasing incidence of crime by and against Koreans in the Philippines, showed that direct communication and collaboration between police agencies significantly increased effectiveness. Creating the Korean Desk greatly assisted the resolution of criminal matters including extradition, cyber-crime, murder, robbery and others that involved Korean suspects and offenders in Korea and Philippines. The paper describes how the implementation of the Korean Desk evolved, the different roles of the Korean Desk and the police consul, and the substantial, positive outcomes of the project.

Practical implications

Law-enforcement agencies are constantly formulating new approaches to enhance international anti-crime efforts. The successful collaboration described in this paper provides new insights and ideas for how, through close cooperation, agencies can benefit from, and enhance, those efforts. The paper shows how direct communication between the Korean Desk and local police in the Philippines can facilitate investigations, making them efficient and timely. Evaluation of the Korean Desk suggests that it has greatly contributed to international law enforcement.

Originality/value

The overall steps for formulating the Korean Desk strategy and implementing it are examined.

Details

Policing: An International Journal, vol. 41 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

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Article

J. Koers

This paper discusses international regulations in criminal law. Several definitions of ‘limited legal aid’ are considered. The system of the various criminal treaties…

Abstract

This paper discusses international regulations in criminal law. Several definitions of ‘limited legal aid’ are considered. The system of the various criminal treaties, together with their additional protocols, qualifications and explanations, is interpreted. The paper also looks at the separate customs treaties and EEC Regulation 1468/81. Finally, these treaties and the Additional Schengen Treaty of 19th June, 1990, are discussed.

Details

Journal of Financial Crime, vol. 1 no. 2
Type: Research Article
ISSN: 1359-0790

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Article

Norman Mugarura

The purpose of this paper is to underscore the current supranational anti‐money laundering (AML) regimes articulating challenges of harnessing them as a robust framework…

Abstract

Purpose

The purpose of this paper is to underscore the current supranational anti‐money laundering (AML) regimes articulating challenges of harnessing them as a robust framework. Some aspects of the above framework are created under the auspices of the United Nations treaties, some are regional‐based initiatives while others are ad hoc arrangements.

Design/methodology/approach

The paper was written on the basis of the supranational framework against money laundering such as the United Nations Convention against drug trafficking and other psychotropic substances. Owing to the limitations of the above AML model law, the paper utilised a qualitative research methodology, exploring a wide range of the current AML regimes. The paper has also exploited the revised AML framework which expands the scope of the offence to encompass, not only proceeds from drug trafficking but also serious criminal activities (smuggling, fraud, serious financial crimes, and the sale of stolen goods). Ideally, the paper has been written based on the provisions of the United Nations Convention against transnational organised crimes and its attendant three protocols adopted in Palermo (2000); and the Financial Action Task Force (2004). The foregoing regimes underscore an essential framework for the study of money laundering and its attendant predicate offences globally.

Findings

The findings of the study clearly demonstrate that the current AML framework is not robust enough to caution countries against the threat of money laundering. There is a gaping gap in the law of money laundering within and between regions even though there is a global framework in place. This is presumably the reason why some countries have not fully transposed some aspects of current AML regimes locally.

Social implications

The gaps in the law against money laundering – both in relation to the way they are created and enforced signify that states still need to do more collectively to stem the threat of money laundering. The current intransigence in application of AML laws in some countries sign‐post the inherent challenges of globalisation of international finance.

Originality/value

While there is a growing body of literature generated on supranational AML regimes, this paper is distinctly based on the interplay of global and local factors in harnessing it. Thus, the research design of this paper is connected by two strands – a review of existing supranational AML framework and the inherent challenges faced by individual states in domesticating it. The paper is also written based on some practical experiences of harnessing global AML regimes in some countries.

Details

Journal of Financial Regulation and Compliance, vol. 19 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

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Article

Yanan Zhang

– The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China.

Abstract

Purpose

The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China.

Design/methodology/approach

The paper analyses the regulations about such crime and relevant literature.

Findings

The similarities and differences of such rules have been identified briefly. L/C fraud is considered a conduct crime; and unspecific or vague provisions concerning this crime may cause difficulties of application in judicial practice in both England and China. But the possible punishment for L/C fraud criminals under Chinese criminal law seems more severe than that under English law. Dealing with L/C fraud in international trade under national criminal laws is not effective. Regional and international efforts on legal assistance in cross-border criminal cases still remain to be improved.

Research limitations/implications

The limitation is that it examines merely relevant substantial rules in legislation. This opens the paths to future research on the approach towards L/C fraud demonstrated in court cases in England and in China.

Social implications

The research underlies the need to take serious attitude and make more effective efforts towards cross-border criminal cases, although different countries may have different rules concerning specific economic crimes.

Originality/value

This paper fills the gap of a comparative study on how L/C is regulated under criminal law regime in England and China.

Details

Journal of Financial Crime, vol. 21 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Article

Timur Sinuraya

There is an opinion among decision makers in Western Europe that as far as the ‘Russian organised crime’ problem is concerned it will be largely restricted to Russia and…

Abstract

There is an opinion among decision makers in Western Europe that as far as the ‘Russian organised crime’ problem is concerned it will be largely restricted to Russia and that the real threat to Western Europe will be minimal. The truth is that it is in Russia where the problem has to be attacked in order to limit its impact on Western Europe.

Details

Journal of Financial Crime, vol. 5 no. 4
Type: Research Article
ISSN: 1359-0790

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