COMPARATIVE POLICE AND CRIMINAL JUSTICE SYSTEM

Revised Reviewer
PART 1 – GLOBAL POLICE SYSTEM

CHAPTER 1 – CONCEPT OF GLOBALIZATION

What is Globalization?

Globalization is a package of transnational flow of;

a. People- People Empowerment is the delegation of authority, accountability, and responsibility:
How to gain success through people empowerment? (Let us take the point of view of the business sector)
 Communicate your vision
 Lead with the feet and not with the lips
 But, in the end, management must allow people to solve problems themselves
 Establish a new mindset
 Build interpersonal skills early
 An objective and non-judgmental climate must be created
 Provide problem solving tools.
 Form focused teams with effective leaders
 Staff appropriately
 Focus on specific problems
 Establish clear performance measurements
 Avoid "paralysis by analysis
 Define the limits of the problem solving authority
 Don't form a team to attack every problem
 Keep the action teams small - eight to ten people maximum
 Recognition is the cornerstone of People Empowerment
b. Production- In economics, production is the act of creating output, a good or service which has value and contributes
to the utility of individuals.
c. Investment
d. Information
e. Ideas- in modern concept, ideas may refer to idealism,

 Idealism is a group of concepts in philosophy asserting that reality and existence is dependent upon the Mind,
specifically the immaterial mentality of oneself.
f- Authority- two faces of authority, the authority emanating from Law (natural Law) and the authority emanating from
science.

Components of Globalization:

First component:

A) Territory – a territory refers to a place of exclusive jurisdiction of those who sojourn within with protected rights and
privileges,

Types of boundaries:
 International boundary – refers to a line that divides a country from another country by a mutual peaceful
agreement
 Disputed boundary – is an international or internal border openly contested by two or more countries or
subdivision within a country.
 Ceasefire line – is established by an official ceasefire agreement between two or more countries
 A treaty line – is a boundary established by an official treaty two or more countries but not yet agreed upon by all
countries involved.
Ogaden region – is the traditional home of nomadic peoples ethnically related to Somali tribes, yet it is currently divided
between the countries of Ethiopia and Somalia.

Division of ocean areas:

a. Baseline – is the boundary from which a nation begin measurements to determine the portion of the adjacent
ocean or continental shelf over which may exercise sovereignty.
b. International water – those that are contained on the landward side of the baseline.
c. Territorial sea – a nation may establish a territorial sea that extends up to 12 nautical miles from the baseline.
c. Contiguous zone – a region of the sea measured from the baseline to a distance of 24 nautical miles
d. Exclusive economic zone (EEZ) – region that stretches a distance of no more than 200 nautical miles from a
national baseline.
e. Continental shelf – is a real, naturally occurring geological formation.
f. Area – is the seabed and ocean floor that is beyond the limit of national jurisdiction. This is the portion of the
seabed that is beyond EEZ of a country.

Continents, Nations/States:

Continent of Asia
Name of Region and Territory:
Central Asia: Eastern Asia: Northern Southeastern Southern Asia: Western Asia:
Asia: Asia:
Kazakhstan People's Russia Brunei Afghanistan Armenia
Kyrgyzstan Republic of Burma Bangladesh Azerbaijan
Tajikistan China (Myanmar) Bhutan Bahrain
urkmenistan Cambodia India Cyprus
Uzbekistan China Hong Iran Gaza
Kong East Timor Maldives Georgia
(Timor-Leste) Nepal Iraq
China Macau Pakistan Israel
Indonesia Sri Lanka Jordan
ChinaTaiwan / Laos Kuwait
Taiwan (under Malaysia Lebanon
controversy) Philippines Oman
Singapore Qatar
Japan Thailand Saudi Arabia
North Korea Vietnam Syria
South Korea Turkey
Mongolia United Arab
Emirates
Palestine
Yemen

AFRICA

Name of Region and Territory of Africa

Eastern Middle Central Democratic Northern Spanish and Southern Western
Africa: Africa: African Republic of Africa: Portuguese Africa: Africa:
Republic the Congo territories
in Northern
Africa:
Burundi Angola Chad Equatorial Algeria Canary Botswana Benin
Comoros Cameroon Congo Guinea Egypt Islands Lesotho Burkina
Djibouti Gabon Libya (Spain) Namibia Faso
Eritrea São Tomé Morocco South Africa
Ethiopia and Príncipe Sudan Ceuta Swaziland Cape Verde
Kenya Tunisia (Spain)
Madagascar Western Côte
Malawi Sahara Madeira d'Ivoire
Mauritius Islands Gambia
Mayotte (Portugal) Ghana
(France) Guinea
Mozambiqu Melilla
e (Spain) Guinea-
Bissau
Réunion
(France) Liberia
Rwanda Mali
Seychelles Mauritania
Somalia Niger
Tanzania Nigeria
Uganda Saint
Zambia
Zimbabwe Helena (UK)
Senegal
Sierra Leone
Togo

NORTH AMERICA

North America/Country or territory

Anguilla (UK) Clipperton Island (France) Haiti Puerto Rico (USA)
Antigua and Barbuda Costa Rica Honduras Saint Barthélemy (France)
Aruba (Netherlands) Cuba Jamaica Saint Kitts and Nevis
Bahamas Dominica Martinique (France) Saint Vincent and the
Barbados Dominican Republic Mexico Grenadines
Belize El Salvador Montserrat (UK) Trinidad and Tobago
Bermuda (UK) Greenland (Denmark) Navassa Island (USA) Turks and Caicos Islands
British Virgin Islands (UK) Grenada Netherlands Antilles (UK)
Canada Guadeloupe (France) (Netherlands) United States
Cayman Islands (UK) Guatemala Nicaragua U.S. Virgin Islands (USA)
Panama

SOUTH AMERICA

Country or territory
Argentina Ecuador Peru
Bolivia Falkland Islands (UK) South Georgia and South Sandwich
Brazil French Guiana (France) Islands (UK)
Chile Guyana Suriname
Colombia Paraguay Uruguay
Venezuela

EUROPE

Name of region and countries of Europe

Åland (Finland) Bulgaria Guernseyd Macedonia San Marino
Albania Croatia Hungary Malta Moldovab Serbiag]
 Andorra Cypruse Iceland Monaco Slovakia
Austria Czech Republic Ireland Montenegro Slovenia
Armeniak Denmark Italy Netherlandsi Spain
Azerbaijanl Estonia Latvia Norway Sweden
Belarus Finland Liechtenstein Poland Switzerland
Belgium Franceh Lithuania Portugalf Ukraine
Bosnia and Germany Luxembourg Romania United Kingdom
Herzegovina Greece Republic of Russiac Vatican City

AUSTRALIA
Mainland Dependencies/occupied Melanesia Micronesia Polynesia
territories
Australasia Christmas Island Cocos Fiji Federated States of American Samoa
Australia (Keeling) Islands Indonesia (Oceanian Micronesia (USA)
New Zealand Norfolk Island part only) Guam (USA) Chatham Islands (NZ)
New Caledonia Kiribati Cook Islands (NZ)
(France) Marshall Islands Easter Island (Chile)
Papua New Guinea Nauru French Polynesia
Solomon Islands Northern Mariana (France)
Vanuatu Islands (USA) Loyalty Islands
Palau (France)
Wake Island (USA) Niue (NZ)
Pitcairn Islands (UK)
Sarnoa
Tokelau (NZ)
Tonga
Tuvalu
Walis and Fotuna
(France)
ANTARCTICA

The South Pole

Regions in Antarctica Arctic Seas Islands of Antarctica
Graham Land Weddell Sea South Orkney Islands
Marie Byrd Land Amundsen Sea
Queen Maud Land Ross Sea
Victoria Land
Wilkes Land

Second component:

B- Population or the Society – Webster dictionary defined population as the common people residing in one specific
jurisdiction.

Third component:

C- The Government

The Estrada Doctrine: Secretary of Foreign Relations of Mexico Genaro Estrada in 1930.
The doctrine asserting that a state should not apply subjective considerations to extending recognitions to a new
government, but rather accept the existence of that government.
The Government – likewise the Philippine legal dictionary defined Government as the aggregate of authorities which rule
a society U.S vs Dorr. 2 Phil. 339.

CHAPTER 11 – WHAT CONSTITUTE GLOBAL COMMUNITY?

Global community should be understood in the context of global human relations governed by laws not only limited on its
elements as discussed above under global components. The fundamental basis for understanding and consideration of
global community is based on the concept of social justice and human rights.

a. What is social Justice? It is defined as justice exercised within a society, particularly as it is exercised by and
among the various social classes of the society.
b. What are Human Rights? These are commonly understood as inalienable fundamental rights to which a
person is inherently entitled simply because she or he is a human being.

This author wanted to introduce the concept of global community in the following context:

a. Interpersonal relations – is an association between two or more people that may range in duration from brief to
enduring.

b. Inter-territorial relations – first we define the concept of territory for better comprehension.
1. A territory is a defended space. In the broadest sense, there are three kinds of human territory:
tribal, family and personal.
c. Intergovernmental Relations – refers to a broad array of services to the public and state local and tribal governments.
It supports countries municipalities, citizens and business by providing support services in many different ways.

d. Economic relations – this refers to agreement and cooperation of people, government, and countries for a smooth and
equitable exchange of resources for the purpose of sustaining economic stability that will satisfy the needs of the
constituents.

CHAPTER 111 – SIGNIFICANCE OF ECONOMY TO GLOBALIZATION

1. What is Economy? – Briefly defined as the lubricant of progress. Progress is an encompassing term which broadly
means satisfaction of human needs where according to the hierarchy of needs, Human needs varies but can be
summarized into; food, clothing and shelter.
2. The World Economy - is source and basis for trade policy and other open economy issues embracing international trade
and the environment, international finance, and trade and development. It also considers related areas such as
economies in transition and development economics, making The World Economy an essential reference for in-depth
knowledge on and up-to-date coverage of international economic relations.
3. Trade policy issues - it is the reference of the World Economy on a country basis, regionally and globally - it also covers
broader issues such as exchange rates, IMF/World Bank, debt, environmental and other international issues as they relate
to trade. 

Freedom -->Knowledge --> Development. This trilogy is the basic equation for development. Global leaders have to
repeat again and again this golden rule.

Let us scrutinize these trilogies by defining them and dissecting their meaning.

1. What is freedom? Presupposes the power of acting, in the character of moral personality, according to the dictates of
the will, without other check, hindrance, or prohibition than such as maybe imposed by just and necessary laws and the
duties of social life.
2. What is knowledge?- a mental state of awareness about a fact. Dion-an v. Court of Appeals, L-45967, August 5, 1985;
138 SCRA 45.
3. What is development? Commonly refer to shift from a state of poverty to progress brought about by modernization,
technologization and industrialization. On a personal level, it also refers to shift or changes from being inferior to being a
leader, or from being so economically impoverished to economically able. From being indolent to highly educated and the
likes.

CHAPTER 1V – LAW ENFORCEMENT (POLICE) IN GLOBAL PERSPECTIVE

A. Policing Across National Borders

Research has revealed that;

a. police agents working abroad are less guided by judicial control and political supervision and more likely to do
whatever tasks they see fit given the circumstances.
b. Police abroad may as such be less guided by concerns related to civil rights and democratic procedure.

B- Effects of Globalization in Law Enforcement

The emergence of an “international regime” for state security and protection of human rights, growing transnational
social movement networks, increasing consciousness and information politics have the potential to address both
traditional and emerging forms of law violations.

C- Law Enforcement in a Global Arena

How can the police or law enforcement agencies safeguard life and human dignity in a global scale?

The system and norms are codified in a widely endorsed set of international undertakings, like:
a. the “International Bill of Human Rights” (Universal Declaration of Human Rights, international Covenant on
Civil and Political Rights, and
b. International Covenant on Social and Economic Rights; phenomenon-specific treaties on war crimes
c. Geneva Conventions, genocide, and torture; and protections for vulnerable groups such as the UN Convention
on the Rights of the Child and the Convention on the Elimination of Discrimination against Women.
d. International dialogue on human rights has produced a distinction between three “generations” of human
rights, labeled for their historical emergence.
e. Security rights encompass life, bodily integrity, liberty, and sometimes associated rights of political
participation and democratic governance.
f. Social and economic rights, highlighted in the eponymous International Covenant, comprise both negative and
positive freedoms, enacted by states and others: prominently, rights to food, health care, education, and free
labor.

D- Effect 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 newly
democratizing countries with weak institutions and elite-controlled economies (Russian, Latin American, and Southeast
Asia), the growth of global markets and economic flow tends to destabilize coercive forces but increases crime, police
abuse, and corruption.

CHAPTER V – COMPARATIVE POLICE SYSTEM

A- Theories of Comparative Policing

Schneider (2001) summarizes the various theories that exist with empirical support:
The first theory, which might be called the 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.
 The second theory, which might be called the economic or migration theory, is that crime everywhere is the
result of unrestrained migration and overpopulation in urban areas such as ghettos and slums.

The third theory, opportunity theory, is that long with higher standards of living, victims become more careless
of their belongings, and opportunities for committing crime multiply.

The fourth theory, called 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.

A fifth theory, 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.

A sixth theory, modernization theory, sees the problem as society becoming too complex.

A seventh theory, the theory of anomie and synomie (the latter being term referring to social cohesion on
values), suggest that progressive lifestyle and norms result in the disintegration of older norms that once held
people together (anomie).

B- Comparative law Enforcement

Generally, the practice of law enforcement emanates from the following;

1- Societal Type of 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.

II- Types of Police Systems

A- 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 are distinctive in the significance they attach to precedent. They primarily rely upon oral system of evidence
in which the public trial is a main focal point.

B- Civil 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.

C- Socialist system- is also known as Marxist-Leninist justice, and exists 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 not be necessary.

D- Islamic system - are also known as Muslim or Arabic justice, and derive all their procedures and practices from
interpretation of the Koran. There are exceptions, however. Various tribes are descendants of the ancient Greeks and
practice Urrf law rather than the harsher Shariah punishments. Islamic systems in general are characterized by the
 absence of the positive law and are based more on the concept of natural justice. Regional plays an important role in
Islamic systems. Most nations of this type are theocracies, where legal rule and religious rule are together.

Selected Police Models – here under are few of the chosen police system of different countries that are distinct with each
other in many terms.

The basis of modeling police system is the continental, developing and modernized police system.
a. Continental policing is traditional in nature as it based its crime control efficiency to the number of arrests and
people being put to jail for punishment.
b. Developing police system – this system are those that are under transition from their former practices but
have adopted democratic form of governance.
c. The modern system uses measurement of crime control efficiency and effectiveness based on absence of
crime or low crime rate to include citizen’s satisfaction in terms of peace and order that propels progress.

I- Continental Policing Practices Model:

The following police (countries) are categorized as practicing continental policing system due to its traditional nature
practices and methods of policing;

a- Egypt Police

The Siwa Oasis in Egypt is another place with little or no crime. The population of 23,000 consists of 11 tribes
who are the descendants of ancient Greeks, and it is said that Plato himself fashioned his model of perfect
government in The Republic there. The inhabitants practice a moderate form of Islamic justice, rejecting Shariah
punishment and embracing Urrf law (the law of tradition). Conflicts are resolved by a tribal council, and there are
no jails or prisons. The last known crime occurred around 1950, and was an act of involuntary manslaughter. The
typical punishment for wrongdoing is social ostracization (shunning). This type of society is an excellent example
of the folk-communal or informal justice system.

B- Saudi Arabia
Police/law enforcement system

Saudi Arabia police system is Highly centralized. during Royal Decree 1950 – King Abdul Al – Aziz formed the
Saudi Arabia police Force.

1960’s – modernization of police forces.

- Providing police men with radio communication equipments and vehicles.

General Directorate
- Formed under the rule of the king
- Supervise all the police function in the kingdom

Ministry of Interior-In charge of all police matters

Ministry of Interior General Directorates
- Subordinates of ministry of interior
- In charge with the maintenance of internal security

Internal security police organization

1. COAST GUARDS – primary mission is to prevent smuggling. Deploys its units from parts along Persian
Gulf and Red Sea.
2. FRONTIER POLICE FORCE – patrols on lands borders and carry out customs inspections.
3. PUBLIC SECURITY FORCE
4. SPECIAL SECURITY FORCE

Four general directorates

 1. Offices of the Deputy Ministers for Administration
2. National Security affairs
3. Immigration and Naturalization
4. Internal Security Forces College

Two division of police force

1. Investigative Police Force – responsible in handling investigations of criminal cases
- Works under the general Directorate of investigation

(gdi) General directorate of investigation

- Conducts criminal investigation in addition to performing the domestic security and counter
intelligence

Directorate of intelligence
- Responsible for intelligence condition and the coordination of intelligence task.

2. Security Police Force – responsible for maintenance of peace and order throughout the country

Religious police (Mutawwa)

- An unusual, if not unique, internal security force in Saudi Arabia
- Autonomous and highly visible
- Insures strict assertion of Islamic Code of conduct throughout the nation.

Police ranking
Director – head of Saudi Arabia police
- Highest ranking officer in the Ministry of Interior
- Has power to appoint officers of the local police force

Sheik – appointed by the king

- Supervises certain regions in the country
- Have the authority to handle matters related to public safety.
- Has power to punish offenders of the civil law

II- Developing police system:

A- Royal Bahamas police force

The Royal Bahamas Police Force is the primary line of defense and protection for Bahamian citizens. As such, the
members of the Force deserve the full support and cooperation of the Government and of all citizens in the
execution of their responsibilities.

Since coming to Office in 1992, the Free National Movement has undertaken substantial action to upgrade and
enhance both the manpower and the material condition of the police force, by increasing the number of police
recruits, upgrading and expanding training and re-training programmes available at the Police College for
recruits, junior and mid-level police officers; increasing the police vehicle fleet and upgrading the police garage;
opening two new police stations (at Nassau and Meeting Streets and at Wulff Road in the vicinity of Mackey
Street) and undertaking the construction of a third station in eastern New Providence at Elizabeth Estates and
Colony Village; upgrading, during 1997, the police communication system; the grant of long overdue promotions
to deserving officers and increased salaries to serving police officers; and improving the conditions of service of
police officers, including legislation to provide for a Police Association and an extension of the mandatory
retirement age of police officers.

To build upon these accomplishments in a second term the FNM Government will:
• Complete the upgrade of the police communication system.
• Achieve and maintain a Police complement of no less than 2,500 officers.
 • Provide upgraded training, locally and internationally, for junior and senior police officers in criminal
investigation, forensic, ballistic and crime scene investigation techniques.
• Increase opportunities for training attachments in the United Kingdom, Canada and the United States
of America for senior officers likely to hold command posts.
• Enhance insurance coverage for all Police Officers.
• Complete the review of police salary scales and increase the salaries of police officers.
• Further enhance fairness in promotion exercises of the Police Force.
• Establish an independent, civilian Police Board to hear appeals from disciplinary decisions by the
Commissioner of Police.
• Accelerate Community Policing programmes throughout New Providence, Grand Bahamas and the
larger Family Islands.

III- Modern Policing System practices:

A- Royal Canadian mounted police

The Royal Canadian Mounted Police (RCMP) (French: Gendarmerie royale du Canada [GRC], literally ‘Royal
Gendarmerie of Canada’; colloquially known as Mounties, and internally as ‘The Force’) is the federal, national,
and paramilitary police force of Canada, and one of the most recognized of its kind in the world.

The RCMP was formed in 1920 by the merger of the Royal Northwest Mounted Police (RNWMP, founded 1873)
with the Dominion Police (founded 1868). The former was originally named the North-West Mounted Police
(NWMP), and was given the Royal prefix by King Edward VII in 1904.

a. Responsibilities
The Royal Canadian Mounted Police is primarily responsible for enforcing federal and in many cases, provincial
and local laws. Unlike most other federal police forces, however, it also has a major role in front-line policing
throughout the country, including in provincial jurisdictions; although the provinces and territories are
constitutionally responsible for law and order, eight provinces have chosen to contract most or all of their
policing responsibilities to the RCMP.

The force, consequently, operates under the direction of the provincial governments in regard to provincial and
municipal law enforcement. The exceptions are Ontario and Quebec, which have their own provincial police
forces: the Ontario Provincial Police, the Sûreté du Québec respectively. When Newfoundland joined
confederation in 1949 the RCMP entered the province and absorbed the then Newfoundland Rangers and took
over that area. Today the Royal Newfoundland Constabulary has reclaimed some of that province to their
jurisdiction. In the three territories, the RCMP serves as the sole territorial police force. Additionally, many
municipalities throughout Canada contract the RCMP to serve as their police force.

The RCMP is responsible for an unusually large breadth of duties, from policing in isolated rural towns, the far
north, and urban areas; providing protection services for the Monarch, Governor General, Prime Minister and
other ministers of the Crown, visiting dignitaries, and diplomatic missions; enforcing federal laws, including wire
fraud, counterfeiting, drug trafficking and other related matters; providing counterterrorism and domestic
security; and participating in various international policing efforts.

The RCMP Security Service was a specialized political intelligence and counterintelligence branch with national
security responsibilities, but was replaced with the Canadian Security Intelligence Service in 1984, following
revelations of illegal covert operations relating to the Quebec separatist movement. Duties, conduct and
operational and reporting guidelines are very specifically laid out in a detailed document known as the
Commissioner's Standing Orders, or CSOs.

b. International responsibilities
The RCMP International Operations Branch assists the Liaison Officer Program to deter international crime
relating to Canadian criminal laws. The IOB is a section of the International Policing, which is part of the RCMP
Federal and International Operations Directorate. Thirty-five Liaison Officers are placed in 25 other countries and
 are responsible for organizing Canadian investigations in other countries, developing and maintaining the
exchange of criminal intelligence, especially national security with other countries, to provide assistance in
investigations that directly affect Canada, to coordinate and assist RCMP officers on foreign business and to
represent the RCMP at international meetings.

CHAPTER IV- COMPARATIVE POLICE (LAW ENFORCEMENT) AGENCIES

Selected Police (law enforcement models)

A- Type of Law Enforcement Organizations and Agencies (sample)

Particulars Philippines Columbia Myanmar Japan New Zealand

Organizational PNP National Police Peoples police Law enforcement in New Zealand
name of Columbia force Japan Police
Policia
National
Agency Department of interior Ministry of Ministry of National Police New Zealand
and local government National home affairs Agency or NPA Government
defense Ministry of
Police
Entrance age 21 years old 21 years old 18 years old 21 years old 20 years old
Retirement 56 years old 50 years old 60 years old 60 years old 55 years old
age
Minimum Police officer (PO1) patroller constable Police officer (Junsa) Constable
Rank
Highest rank Police director general Commissioner Police director Chief Commissioner
of Columbia general superintendent
National police (Keishie)
Minimum Baccalaureate degree High Baccalaureate Upper-secondary Tertiary
qualification holder school/college degree holder school graduate and education
graduate university graduate

B- Police Rank of selected Model Countries (sample)

Australia
Generally, all police forces of Australia follow these rank structures with some individual state police forces have
ranks differing slightly.
A- Commissioned Ranks a. Deputy Commissioner (two crossed batons below a pip)
b. Assistant Commissioner (two crossed batons)
c. Commander (three pips in a triangular pattern below a crown)
d. Superintendent (one pip below a crown)
e. Inspector (three pips)
B- Senior non-commissioned a. Senior Sergeant (three chevrons and laurel wreath)
Rank b. Sergeant (three chevrons)
C- non-commissioned Rank a. Senior Constable (two chevrons)
b. Constable (one chevron)
c. Probationary Constable (blank epaulette)
D- Recruit Each state has their own distinct rank structure
1. Australian Capital Territory
2. Australian Federal Police
3. New South Wales
4. Northern Territory
 5. Queensland
6. South Australia
7. Tasmania
8. Victoria
9. Western Australia

Belgium
A- Highest Commissioned Rank
B- Senior Non Commissioned
Rank
C- non Commissioned Rank
a. Hoofdcommissaris / commisaire divisionnaire (Chief Commissioner)
b. Commissioned rank
c. Commissaris / Commisaire (Commissioner)
a. Hoofdinspecteur / Inspecteur principal (Chief
Inspector/Superintendent)
a. Inspecteur / Inspecteur (Inspector, equivalent to Constable or
Officer)
b. Auxiliary rank
c. Agent van Politie / Agent de Police (Auxiliary Officer)

Brazil

Brazil has several different police forces, each with its own ranks.
A- At a federal level, there are the Federal Police a. Federal Road Police (Policia Rodoviaria
(Policia Federal, the equivalent to the FBI), the Federal) and the;
b. Train Network Police (Policia Ferroviaria
Federal).
B- At a state level, there are the Military Police (Policia Militar, not to be confused to the Army
police, who have a purely internal function) and the
Civil Police (Policia Civil).
C- At a city level, there are the City Guard (Guarda Municipal).

Philippines

Philippine National Police Ranks

The following ranks are observed in the PNP as of 2009 with the following:

A- Commissioned Officers
Police Ranks Military Equivalent
Director General (DGen.) General
Deputy Director General (DDG) Lieutenant General
Director (Dir.) Major General
Chief Superintendent (C/Supt.) Brigadier General
Senior Superintendent (S/Supt.) Colonel
Superintendent (Supt.) Lieutenant Colonel
Chief Inspector (C/Insp.) Major
Senior Inspector (S/Insp.) Captain
Inspector (Insp.) Lieutenant

Note: Rank in Italics is the Army equivalent. There is no Second Lieutenant rank-equivalent in the PNP

B- Non- Commissioned Officers

Police Ranks Military Equivalent
Senior Police Officer IV (SPO4) Senior Master Sergeant / Chief Master Sergeant
Senior Police Officer III (SPO3) Master Sergeant
Senior Police Officer II (SPO2) Technical Sergeant
Senior Police Officer I (SPO1) Staff Sergeant
 Police Officer III (PO3 Sergeant
Police Officer II (PO2) Corporal
Police Officer I (PO1) Private First Class

CHAPTER V- THE INTERPOL

A- Former Secretaries General

Year Term Name Year Term Name
1985-2000 1978-1985

Raymond Kendall André Bossard

United Kingdom France
1963-1978 1951-1963

Jean Népote Marcel Sicot

France France
1946-1951 1932-1946

Oskar Dressler
Louis Ducloux
Austria*
France

 * Oskar Dressler was originally appointed Secretary to the International Police Congress in 1923. He continued in
this position until appointed to a new post of Secretary General, created by Article 5 of the revised statutes of
1932.

B- Former Presidents of INTERPOL

1996- 1994-
2004- 2000- 2000 1996
2008 2004

Jesús Toshinori Björn Eriksson

Jackie Selebi
Espigares- Kanemoto Sweden
South Africa
Mira Japan
Spain
1992- 1988- 1984- 1980-
1994 1992 1988 1984

Norman D. Ivan Barbot John R. Jolly R. Bugarin

Inkster France Simpson The Philippines
Canada USA
1976- 1972- 1968- 1964-
1980 1976 1972 1968

Carl. G. Persson William Paul Dickopf Firmin Franssen

Sweden Léonard FRG Belgium
 Higgitt
Canada
1963- 1960- 1956- 1946-
1964 1963 1960 1956

Fjalar Jarva Sir Richard L. Agostinho Florent Louwage

Finland Jackson Lourenco Belgium
United Portugal
Kingdom
1943- 1942- 1940- 1938-
1945 Ernst 1943 Arthur Nebe 1942 1940 Otto Steinhäusl
Kaltenbrunner Germany Austria
Austria
Reinhard
Heydrich
Germany
1935- Michael Skubl 1934- Eugen Seydel 1932- Franz Brandl 1923-
1938 Austria 1935 Austria 1934 Austria 1932

Johan Schober
Austria

Mission statement

With a view to supporting INTERPOL’s core functions and activities, the Directorate will focus its activities on
three main areas:

Capacity building, with the aim of developing and enhancing close co-operation with the NCBs in order to
enhance their operational capacities and responsiveness

Police training, with the aim of strengthening NCB staff's abilities in INTERPOL's core functions and their
knowledge of INTERPOL's tools and services, and to increase awareness of INTERPOL within national law
enforcement departments

NCB staff training

Activity - The NCB staff training courses organized by the NCB & Regional Police Services Directorate were
carried out aimed at improving the ability of the officers to perform their duties satisfactorily with regard to the
requirements of international police co-operation and the range of services developed at INTERPOL.

A- Regional Bureaus
National Central Bureau Office Location
Abidjan

Buenos Aires

Harare

Nairobi
 San Salvador

B- INTERPOL has six Regional Bureaus (RBs), which are permanent departments of the General Secretariat and were
established to bring the General Secretariat closer to the regions.
Location Servicing Areas
Abidjan serving West Africa
Buenos Aires South America
Harare Southern Africa
Nairobi East Africa
San Salvador Central America
Liaison office in Bangkok Southeast Asia

A- INTERPOL’S 4 Core Functions - In order to achieve these objectives, INTERPOL has identified four core functions:
1. Secure global communications system known as I-24/7 to enable police to exchange information in real time,
2. Operational databases which are the active memory of police services
3. Operational support 24h/24
4. Training and development.

B- INTERPOL’S 6 Priority Areas - INTERPOL's General Secretariat in Lyon, France, provides a fast and reliable
communication system that links police around the globe. Its priority activities concern
1) Public safety and terrorism,
2) Criminal organizations,
3) drug-related crimes,
4) Financial and high-tech crime,
5) Trafficking in human beings, anti-corruption and
6) Fugitive investigation support.

C- INTERPOL Notices
1. INTERPOL’S Red Notice - One of Interpol’s most important tasks is to place member countries on alert about
people who are being sought by police forces worldwide. Interpol’s main tool for helping police across its
network of 187 member countries to track fugitives is its Red Notices, an international wanted persons notice.
2. Blue notices – are used to seek information on the identity of persons or on their illegal activities related
to criminal matters.
3. Green Notices – are used to provide warnings and criminal intelligence about persons who have committed
criminal offenses and who are likely to repeat these crimes in other countries.
4. Yellow notices – are used to help locate missing persons including children, or to help people to identify
themselves.
5. Black notices – are used to determine the identity of deceased person

D- Interpol’s Restriction
"It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military,
religious or racial character".

E- INTERPOL member countries (187)

Alphabetical Name of member country
order
A Afghanistan Algeria  Antigua & Barbuda   Australia
Albania Andorra Argentina  Austria 
Armenia  Angola Azerbaijan
Aruba
B Bahamas  Belgium Bosnia and Herzegovina Brunei 
Bahrain  Belize Botswana  Bulgaria 
Bangladesh Benin Brazil  Burkina - Faso 
 Barbados Bhutan Burundi
Belarus Bolivia
C Cambodia  Central African Republic  Colombia  Costa Rica 
Cameroon  Chad  Comoros Côte d'Ivoire 
Canada  Chile  Congo  Croatia 
Cape Verde  China  Congo -(Democratic Cuba 
Rep.)  Cyprus 
Czech Republic
D Denmark  Djibouti Dominica  Dominican Republic
E Ecuador  Equatorial Guinea  Eritrea  Estonia Ethiopia
Egypt  El Salvador  
F Fiji Finland  Former Yugoslav France
Republic of Macedonia 
G Gabon  Germany  Guatemala  Guinea Bissau
Gambia  Ghana   Guinea  Guyana
Georgia  Greece  Grenada
H Haiti  Honduras Hungary
I Iceland  Indonesia Iraq  Israel
India  Iran  Ireland  Italy
J Jamaica Japan  Jordan
K Kazakhstan  Korea (Rep. of)  Kuwait Kyrgyzstan
Kenya 
L Laos  Lesotho  Lithuania  Luxembourg
Latvia  Liberia  Liechtenstein Libya 
Lebanon 
M Madagascar  Mali  Mauritius  Mongolia 
Malawi  Malta  Mexico Montenegro 
Malaysia  Marshall Islands  Moldova  Morocco 
Maldives  Mauritania  Monaco  Mozambique 
Myanmar
N Namibia  Netherlands  New Zealand  Niger 
Nauru  Netherlands Antilles  Nicaragua  Nigeria 
Nepal  Norway
O Oman
P Pakistan  Papua New Guinea  Peru  Poland 
Panama  Paraguay  Philippines  Portugal
Q Qatar
R Romania Russia  Rwanda
S St Kitts & Nevis  Saudi Arabia  Slovakia  Sudan 
St Lucia  Senegal  Slovenia  Suriname 
St Vincent & the Serbia  Somalia  Swaziland 
Grenadines  Seychelles  South Africa  Sweden 
San Marino  Sierra Leone  Spain  Switzerland 
Sao Tome & Principe  Singapore  Sri Lanka  Syria
T Tajikistan  Thailand  Togo Tunisia 
Tanzania  Timor - Leste  Tonga  Turkey
Trinidad & Tobago  Turkmenistan
U Uganda  United Arab Emirates  United Kingdom  Uruguay 
Ukraine  United States  Uzbekistan
V Vatican City State  Venezuela Vietnam
Y Yemen
Z Zambia Zimbabwe
CHAPTER VI- UN CONVENTIONS THAT PROVIDES GUIDELINES IN THE GLOBAL POLICE SYSTEMS AND PROCESS

What is UN of United Nations?

United Nations
- It is an international organization composed of various member nations
- It has promulgated laws which are applicable to the member nation. The UN can intervene wherever there is
violation to the international law.
- Its aims and activities have expanded to make it the archetypical international body in the early 21 st century.
 US president Franklin Delano Roosevelt – he first suggested using the name united nations to refer to the
allies of World War II.
 As to criminalities, UN has the major function of suppressing transnational and international crime which is
virtually done by organized crime groups
 The idea for the future united nations as an international organization emerged in a declarations signed at
the wartime allied conference:

United Nations – coined by Franklin Roosevelt in 1941, UN describes the countries fighting against the Axis, it was first
used officially on January 1, 1992
 UN was conceived as an organization of peace-loving nations who were combining to prevent future aggression
and for other humanitarian purpose.
 The Security Council specially was expected to work in relative unanimity. The security council is a military force.
 1899 – The international peace conference was held in the league to elaborate instruments for settling crisis
peacefully, preventing wars and codifying rules of warfare.
 The fore runner of the united nations was the league of nations, an organization conceived in similar
circumstances during the first world war and established in 1919 under the treaty of Versailles to promote
international cooperation and to achieve peace and security
 International labor organization – created under the treaty of Versailles as an affiliate agency of the league.
 The league of the nations ceased its activities after failing to prevent the Second World War.
 1945 – representatives of 50 countries met in San Francisco at the UN conference on international organizations
to draw up the UN charter

OFFICERS OF THE UNITED NATIONS

A) PRESIDENTS
Note: the presidents in the United Nations are elected annually during the annual session of the general assembly. In case
of vacancy, a special session of the general assembly will convene to elect the replacement.

Year Name UN member Session

State
Elected
1946 Paul-Henri Spaak Belgium First session
1947 Osvaldo Aranha Brazil First special session
1948 Jose Arce Argentina Second special session
1948 Herbert Vere Evatt Australia Third session
1949 Carlos P. Romulo Philippines Fourth
1950 Nasrollah Entezam Iran Fifth
1951 Luis Padilla Nervo Mexico Sixth
1952 Lester B. Pearson Canada Seventh

1953 Vijaya Lakshmi Pandit India Eight

1954 Eelco Van Kleffens Netherlands Ninth
1955 Jose Maza Fernandez Chile Tenth
1956 Rudecindo Ortega Chile 1st and 2nd emergency special
1956 Wan Waithayakon Thailand Eleventh
1957 Leslie Munro New Zealand Twelfth 3rd emergency special
1958 Charles Malik Lebanon Thirteenth
1959 Victor Andres Peru 14ht, 4th emergency special
Belaunde
1960 Frederick Boland Ireland 5th , 3rd special
1961 Mongi Slim Tunisia Sixteenth
1962 Muhammad Pakistan 17th , 4th special
Zafarullah Khan
1963 Carlos Sosa Rodriguez Venezuela 18th
1964 Alex Quaison-Sakey Ghana 19th
1965 Amintore Fanfani Italy 20th
21th
1966 Abdul Rahman Afghanistan , 5th special 5th emergency
Pazhwak
1967 Corneliu Manescu Romania 22nd
1968 Emilio Arenales Guatemala 23rd
Catalan
1969 Angie Brooks Liberia 24th
1970 Edvard Hambro Norway 25th
1971 Adam Malik Indonesia 26th
1972 Stanislaw Trepczynski Poland 27th
1973 Leopoldo Benites Ecuador 28th special
1974 Abdelaziz Bouteflika Algeria 29th, 7th special
1975 Gaston Thorn Luxemburg 30th
1976 Hamiltom Shirley Sri Lanka 31st
Amerasinghe
1977 Lazar Mojsov Yugoslavia 32nd,8th special, 9th, 10th special
1978 Indalecio Lievano Colombia 33rd
1979 Salim Ahmed Salim United Republic 34th,6th,7th,11th special emergency
of
Tanzania
1980 Rudiger van Wechmar Federal Republic 35th, 8th emergency
of Germany
1981 Ismat T. Kittani Iraq 36th,7th,9th, 12th emergency special
1982 Imre Hollai Hungary 37th
1983 Jorge Illueca Panama 38th
1984 Paul J.F. Lusaka Zambia 39th
1985 Jaime de Pinies Spain 40th,13th special
1986 Humayun Rashid Bangladesh 41st, 14th special
Choudhury
1987 Peter Florin German 42nd, 15th special
Democratic
Republic

1988 Dante Caputo Argentina 43rd

1989 Joseph Nanven Garba Nigeria 44th, 16th,17th,18th special
1990 Guido de Marco Malta 45th
1991 Samir Shihabi Saudi Arabia 46th
1992 Stoyan Ganev Bulgaria 47th
1993 Rudy Insanally Guyana 48th
1994 Amara Essy Ivoru Coast 49th

1995 Diogo de Friesta do Portugal 50th

Amaral
1996 Razali Ismail Malaysia 51st, 10th,19th emergency special
 1997 Hennadiy Udovenko Ukraine 52nd,10th emergency special, 12th special

1998 Didier Opertti Uruguay 53rd,10th emergency special 21st special

1999 Theo-Ben Girirab Namibia 44th,22nd,23rd,24th special
2000 Harri Kolkeri Finland 55th,10th emergency special 25th,26th
special
2001 Han Seung-soo Republic of 56th
Korea
2002 Jan Kavan Czech Republic 57th
2003 Julian Hunte Saint Lucia 58th
2004 Jean Ping Gabon 59th
2005 Jan Eliason Sweden 60th
2006 Haya Rashed Al- Bahrain 61st
Khalifa
2007 Srgjan Kerim Republic of 62nd
Macedonia
2008 Miguel d’Escoto Nicaragua 63rd
Brockmann

2009 Ali Treki Libya 64th

2010 Joseph Deiss Switzerland 65th
2011 Nassir Al-Nasser Qatar 66th
2012 Vuk Jeremic Serbia 67th election
2013 John William Ashe Antigua and 68th
Barbuda

B- UN Secretaries-General
Name Date of office Country of End of Notes
origin office

Gladwyn Jebb Oct. 24, 1945 United Kingdom Feb. 1946 Acting only
Trygve Lie Feb. 1946 Norway Nov. 1952 Resigned
Dag Hammarskjold April 1953 Sweden Sept. 1961 Died while in office
U Thant Nov. 1961 Burma Dec. 1971 1st sec. general from Asia
Kurt Waldheim Jan. 1972 Austria Dec. 1981
Javier Perez de Cuellar Jan. 1982 Peru Dec. 1991 1st sec. gen. from the
Americas
Boutros Boutros Ghali Jan. 1992 Egypt Dec. 1996 1st sec. gen. from Africa
Kofi Annan Jan. 1997 Ghana Dec. 2006
Ban Ki-moon Jan. 2007 South Korea Incumbent

I - The UN Convention against Transnational Crimes

a. The Protocol against the Smuggling of Migrants -deals with the growing problem of organized criminal groups
who smuggle migrants, often at high risk to the migrants and at great profit for the offenders.
b. The Protocols against Trafficking in Person -deals with the problem of modern slavery, in which the desire of
people to seek a better life is taken advantage of by organized criminal groups. Migrants are often confined or
coerced into exploitive or oppressive forms of employment, often in sex trade or in dangerous occupations, with
the illicit incomes generated from these activities going to organized crime.
c. A third protocol, dealing with the illicit manufacturing of and trafficking in firearms, parts and components,
and ammunition, remains under discussion.
Sample Case Related to Human Trafficking:

1. People of the Philippines vs. Hadja Jarma Lalli y Purih, Ronnie Aringoy y Masion, and Nestor Relampagos (at large)

Issue: whether or not the above respondents are guilty of human trafficking.

Facts: Lolita Plado was forced to work as entertainer at Pipen Clib. She started working at 8:30 in the evening of June 14,
2005. She was given the number 60 which was pinned on her. That night, she has her first costumer who selected her
among the other women at the club. He was a very big man, about 32 years old, a Chinese-Malay who looked like a
wrestler. The man paid for short time service at the counter. Lolita was given by the cashier to a small pink paper. She was
instructed to keep it. A small yellow paper was given to the entertainer for overnight services. The costumer brought
Lolita to a hotel. She did not like to go with him but a “boss” at the club told her that she could not do anything. At the
hotel, the man poked a gun at Lolita and instructed her to undress. She refused. The man boxed her on the side of her
body. She could not bear the pain. The man undressed her and had sexual intercourse with her. He had sexual intercourse
with her every 15 minutes or four times in one hour. When to costumer went inside the comfort room, Lolita put on her
clothes and left. The costumer followed her and wanted to bring her back to the hotel but Lolita refused. At about 1:00
o’clock in the morning of June 15, 2005, Lolita was chosen by another costumer, a tall dark man, about 40 years old. The
costumer paid for an overnight service at the counter and brought Lolita to Mariner hotel which is far from the Pipen club.
At the hotel, the man told Lolita to undress. When she refused, the man brought her to the comfort room and bumped
her head on the wall. Lolita felt dizzy. The man opened the shower and said that both of them will take a bath. Lolita’s
clothes got wet. She was crying. The man undressed her and had sexual intercourse with her. They stayed at the hotel
until 11:00 o’clock in the morning of June 15, 2005. The costumer used Lolita many times. He had sexual intercourse with
her every hour.

Decision: the regional trial court rendered its decision on 29 November 2005, with its dispositive portion declaring:
Whereof, the court finds accused Hadja Jarma Lalli y Purih and Ronnie Aringoyy Mansion GUILTY beyond reasonable
doubt in Criminal case no. 21908 of the crime of trafficking in persons defined in section 3(a) and penalized under section
10(c) in relation to section 4(a) and 6(c) of republic act 9208 known as the “anti-trafficking in persons act of 2003” and in
criminal case no 21930 of the crime of illegal recruitment defined in section 6 and penalized under section 7(b) of republic
act no 8042 known as the “migrant workers and overseas filipinos act of 1995” and sentences each of said accused:
1. In criminal case no 21908, to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of P2,000,000.00
pesos;
2. In criminal case no. 21930, to suffer the penalty of LIFE TIME IMPRISONMENT and to pay a fine of
P500,000.00 pesos;
3. To pay the offended party Lolita Plando y Sagadsad, jointly and severally, the sym of P50,000.00 as moral
damages, and P50,000.00 as exemplary damages, and
4. To pay the costs.

The trial court did not find credible the denials of the accused-applelants over the candid, positive and convincing the
testimony of complainant Lolita Plando (Lolita). The accused, likewise, tried to prove that Lolita was a Guest relations
officer (GRO) in the Philippines with four children fathered by four different men. However, the trial court found these
allegations irrelevant and immaterial to the criminal prosecution. These circumstances, even if true, would not exempt or
mitigate the criminal liability of the accused. The trial court found that the accused. The trial court found that the accused,
without a POEA license, conspired in recruiting Lolita and trafficking her as a prostitute, resulting in crimes committed by a
syndicate. The trial court did not pronounce the liability of accused-at-large Nestor Relampagos because jurisdiction was
not acquired over his person.

Drug trafficking
- Drug trafficking involves selling drugs paraphernalia, whether it is a local exchange between a user
and a dealer or a major international operation, it is a problem that affects every nation in the
world and exists on many levels.
- Drug trafficking is a global illicit trade involving the cultivation, manufacture, distribution and sale of
substances which are subject to drug prohibition laws. UNODC is continuously monitoring and
researching global illicit drug markets in order to gain a more comprehensive understanding of their
dynamics.
Illegal animal products
- The convention on international trade in endangered species of wild fauna and flora (cites) has
brought together 175 nations to combat the illegal and unsustainable wildlife trade through a
uniform regulatory regime and increased coordination on a global scale.
- The US fish and wildlife services division of management authority and division of scientific
authority, as able as the office of law enforcement, are primarily responsible for complementing
and enforcing cites in the United States.

Illegal wild life trade

- Is estimated to be a multibillion dollar business involving the unlawful arrest of and trade in live
animals and plants or parts and products derived from them.

For the protection of the environment, consonance with the UN mandates, the Philippine also promulgated;

1. Republic act no 8749 Philippine clean air act of 1999.

Chapter 1 : General provisions article one

Basic air equality policies

Section 1; short title: This act should be known as the Philippine clean air act of 1999

Section 2; declarations of principles: The state shall protect and advance the right of the people to a balance and
healthful ecology in accord with the rhythm and harmony of nature.

2. Republic act no 9275 (march 22, 2004)

Section 1; short title: The act shall be known as the Philippine clean water act of 2004

Section 2; declaration of policy: The state shall pursue a policy of economic growth in a manner consistent with the
protection, preservation and revival of the quality of our fresh, brackish and marine waters to achieve this end, the
framework for sustainable development shall be pursued, as such, it shall be the policy of the state.
A. to streamline processes and procedures in the prevention, control and abatement of pollution of the country’s
water resources;
B. to promote environmental strategies, use of appropriate economic instruments and of control mechanisms for
the protection of water resources.
C. to formulate a holistic national program of water quality management that recognizes that water quality
management issues cannot be separated from concerns about water sources and ecological protection, water
supply, public health and quality of life.
D. to formulate and integrated water quality management framework through proper delegation and effective
coordination of functions and activities.

For the protection of the common interest of the Filipino People, the Philippines promulgated RA 6713 to fight corruption.

1. Republic act no 6713- An act establishing a code of conduct and ethical standards for public officials and employees,
to uphold the time-honored principle of public office being a public trust, granting incentives and rewards for exemplary
service, enumerating prohibited acts and transactions and providing penalties for violations thereof and for other
purposes.

Section 1; title: This act shall be known as the code of conduct and ethical standards for public officials and employees

Section 2; declaration of policies: It is the policy of the state to promote a high standard of ethics in public service

Section 3; definitions of terms

 A. government – includes (elective and appointive) the national government, the local governments, and all
other instrumentalities, agencies or branches of the republic of the Philippines including government owned and
controlled corporations, and their subsidicies.
B. public officials – includes elective and appointive officials and employees, permanent/ temporary, whether in
the career or non career services, including military and police personnel, whether or not they receive
compensation, regardless of amount.
C. gift – refers to a thing/ a right to dispose of gratuitously, or any act or liberality in favor of another who
accepts it, and shall include a simulated sale or an ostensibility onerous dispositions thereof it shall not include
an unsolicited gift of nominal or insignificant value not given in anticipation of or in exchange for, a favor from a
public official or employee.
D. receiving any gift – includes the act of accepting directly/ indirectly a gift from a person other than a member
of his family or relative as defined in this act, even in the occasion of a family celebration or national festivity like
Christmas, if the value of the gift id neither nor insignificant, the gift is given in anticipation of, or in exchange for
a favor.
E. loan – covers simple loan and commendation as well as guaranties, financing arrangements/ accommodations
intended to ensure its approval
F. substantial stockholders – means any person who owns, directly/ indirectly shares of stock sufficient to elect a
direction of a corporation
G. family of public officials/ employees – means their spouses and unmarried children under eighteen (18) years
of age
H. person – includes national and judicial persons unless the context indicates otherwise
I. conflict of interest – arises when a public official/ employee is a member of a board, an officer, or a substantial
stockholder of a private corporation/ owner/ has a substantial interest in a business, and the interest of such
corporation/ business/ his rights/ duties therein.

2. Anti money laundering act of 2001 (RA 9160)

An act defining the crime of money laundering, providing penalties therefore and for other purposes
- Be it enacted by the senate and house of representatives of the Philippines in congress assembled

Section 1; short title: This act shall be known as the anti money laundering ac of 2001

Section 2; declaration of policy: It is hereby declared the policy of the state to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site for the
proceeds of any unlawful activity consistent with its foreign policy, the state shall extend cooperation in the transnational
investigations and prosecutions of persons involved in money laundering activities wherever committed.

Section 3; definitions
For purpose of this act, the following terms are hereby defined as follows;
A. Covered institutions refers to
- Hijacking and other violations under republic act no 6235; destructive arson and murder, as defined
under the revised penal code, as amended, including those perpetrated by terrorists against non-
combatant persons and similar targets
- Fraudulent practices and other violations under republic act no 8799, otherwise known as the
securities regulations code of 2000;
- Felonies/ offenses of a similar nature that are punishable under the penal laws of other countries

Section 4; money laundering offense

Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to
have originated from legitimate sources.
It is committed by the following
A. Any person knowing that any monetary instrument or property represents, involves, or relates to the proceeds of
any unlawful activity, transacts/ attempts to transact said monetary instruments/ property.
B. Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred
to in paragraph A above.
 C. Any person knowing that any monetary instrument or property is required under this act to be disclosed and
filed with the anti money laundering council (AMLC) fails to do.

RA 9208 the anti-trafficking in person act of 2003

It is defined as human trafficking as the recruitment, transportation, transfer or harboring receipt of person with or
without the victims consent or knowledge, within or across national boarder by means of threat, coercion, abduction,
fraud, deception, abuse of power or 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 the person for the purpose of exploitation
which includes at a minimum, prostitution of other or service, slavery, servitude or the removal or sale of organs.

II - Universal Declaration of Human Rights

The UDHR is the first international statement to use the term "human rights", and has been adopted by the Human Rights
movement as a charter.

A. Covenant on Civil and Political Rights

This covenant details the basic civil and political rights of individuals and nations.
a. Among the rights of nations are:
1. the right to self determination
2. the right to own, trade, and dispose of their property freely, and not be deprived of their means of
subsistence

b. Among the rights of individuals are:

1. the right to legal recourse when their rights have been violated, even if the violator was acting in an
official capacity
2. the right to life
3. the right to liberty and freedom of movement
4. the right to equality before the law
5. the right to presumption of innocence til proven guilty
6. the right to appeal a conviction
7. the right to be recognized as a person before the law
8. the right to privacy and protection of that privacy by law
9. freedom of thought, conscience, and religion
10. freedom of opinion and expression
11. freedom of assembly and association

The covenant forbids;

1. torture and inhuman or degrading treatment,
2. slavery or involuntary servitude,
3. arbitrary arrest and detention, and
4. debtor's prisons.

It forbids;
1. propaganda advocating either war or
2. hatred based on race, religion, national origin, or language.

It provides for the right of people to;

1. choose freely whom they will marry and to found a family, and
2. requires that the duties and obligations of marriage and family be shared equally between partners.

It guarantees the rights of;

1. children and
2. prohibits discrimination based on race, sex, color, national origin, or language.

It also;
 1. restricts the death penalty to the most serious of crimes,
2. guarantees condemned people the right to appeal for commutation to a lesser penalty, and
3. forbids the death penalty entirely for people under 18 years of age.

The covenant permits governments to temporarily suspend some of these rights in cases of civil emergency only,
and lists those rights which cannot be suspended for any reason. It also establishes the UN Human Rights
Commission.

III - The United Nations INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Preamble

The States Parties to the present Covenant;

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the
inherent dignity and of the equal and inalienable rights of all the members of the human family is the foundation of
freedom, justice and peace in world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying
freedom from fear and want can only be achieved if conditions are created whereby everyone my enjoy his economic,
social and cultural rights, as well as his civil and political rights and freedom,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a
responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon
the following articles:

IV - UN Convention on the Condition of the Wounded and Sick in Armed Forces

Also called the first Geneva Convention; The first Geneva Convention focuses on the rights of individuals, combatants
and non-combatants, during war. It is lengthy and detailed, perhaps because human rights are rarely at such risk as during
war and, in particular, involving prisoners of war or enemy captives.

VII- ASEAN Declaration on Transnational Crime

1. ASEAN Plan of Action on Transnational Crime,

Institutional Framework for ASEAN Cooperation on Transnational Crime, and, Feasibility study on the establishment of
ACOT;
a. Encourage Member Countries to consider assigning Police Attaches and/or Police Liaison Officers in each
other’s capital in order to facilitate cooperation for tackling transnational crime;
b. Encourage networking of the relevant national agencies or organizations in Member Countries dealing with
transnational crime to further enhance information exchange and dissemination;
c. Expand the scope of Member Countries’ efforts against transnational crimes such as terrorism, illicit drug
trafficking; arms smuggling, money laundering, traffic in persons and piracy, and to request the ASEAN Secretary-
General to include these areas un the work programme of the ASEAN Secretariat;
d. Explore ways by which the Member Countries can work closer with relevant agencies and organizations in
Dialogue Partner countries, other countries and international organizations, including the United Nations and its
specialized agencies, Colombo Plan bureau, Interpol and such other agencies, to combat transnational crime;
e. Cooperate and coordinate more closely with other ASEAN bodies such as ASEAN Law Ministers and Attorney-
General, the ASEAN Chief National Police, the ASEAN Finance Minister, the Directors-General of Immigration and
the Director-General of Customs in the investigations, prosecution and rehabilitation of perpetrators of such
crimes; and,
 f. Strength the ASEAN Secretariat’s capacity to assist the Member Countries in initiating, planning, and
coordinating activities, strategies, programme and projects to combat transnational crime.

2. SIGNED this 20th day of December 1997 in Manila, Philippines;

Adopting Best Practices for Effective Policing – the first part of this topic will present the common police problems in
contemporary times followed by recommendations derived from the effective police practices observed and implemented
from different Nations/countries.
a. Why do we need/have police? - In our modern society it is the police who have the authority to do something
and to do it immediately. That something may involve the use of coercive force. Wherein it the use of this
coercive force is the police core function. In sum, the role of the police is to address all sort of human problems
when in so far as their solutions do or may possibly require the use of force at the point of their occurrences. This
lends homogeneity to such diverse procedures as catching a criminal, and other related works. It is the police
who can demand conformity to society’s laws and expectations.
b. How police agencies relate to people: Policing and the people: - Police authority comes from the people, their
laws and institutions. Police agencies are not only part of their local community; they are part of the state, which
through legislation provides their formal base of authority. Police are also part of the state and the criminal
justice system, which trough the court determines societies course in deterring lawbreakers and rehabilitating
offenders.

Corporate Crime Policing as a New Challenge

Understanding, explaining and introducing policing has in recent years, in the majority of contemporary police institutions
in post-industrial societies, become one of the major themes of their operation. The "concept" which, theoretically, is far
from being precise, (if at all we should expect it to be), and the new "philosophies" involved frequently lead to dilemma in
the understanding of the role of the police in contemporary society because it is not always sufficiently clear what the
priorities are;
a. The diversity of police duties is a condition of the role that has developed through history with new demands.
b. These appear together with some inconsistencies which result from the need to maintain the police in any
contemporary social community.
c. While some people understand policing as some kind of "holism", others apply it to particular areas thus
adding to the term "policing" as many "adjectives" as there are activities of the supervisory nature, and as many
as there are areas where it is necessary to perform particular police activities including state and private.

This is the area of the detection of corporate criminality which, on many occasions is also commercial and organizational
or white collar or organized group criminality, i.e. the most problematic area. It is problematic especially because;
a. it is inaccessible and generally
b. unprosecutable which is also the result of the different understanding of corporate crime in most countries in
the world.

VII- Treaties wherein the UN is a Party

a. Mutual defense treaty between US and the Philippines, Signed on August 13, 1951.

Salient provisions:
1. Each party recognizes that an armed attack in the Pacific area or either of the parties would be dangerous to its
own peace and safety and declare that it would act to meet the common danger in accordance with its
constitutional processes.
2. Any such armed attack and all measures takes as a result thereof shall be immediately reported to the security
council of the United Nations. Such measures shall be terminated and reported, the security council will take
necessary measures to restore and maintain international peace and security.

Sec. 2, Art. 11, of the 1987 constitution.

While it is true that under this article, the Philippines renounces war as an instrument of national policy, the war being
contemplated here is an offensive war and never a defensive war which is pursuant to the generally accepted principles of
international law which is the doctrine of self-help.

The Philippine renounces war as an instrument of national policy adopts the generally accepted principle of international
law as part of the law of the land and adherence to the policy of peace, equality, justice, freedom, cooperation and unity
with nations.

Relationship of UN to INTERPOL

The collaboration with the UN already formalized in 1996 by a cooperation agreement that includes observer status at
respective general assemblies, was further boosted by the opening of an INTERPOL special liaison office at the UN in NEW
YORK in 2004.

INTERPOL has amended its strategic framework for the years 2011-2013 during the 81 st session of general assembly
(2012). Provides an enhanced, focused and effective direction for our programme and activities during this period.

ICJ and UN
The ICJ is established by the UN as one of their six main bodies or organs of the UN.

International criminal law deals with genocide, war crimes, and crimes against humanity as well as the war of aggression.

International organization – an organization with an international membership, scope or presence.

Main types:
1. International nongovernmental organizations (INGO’s)
2. Nongovernmental organization (NGO’s)

Types:
a. International non-profit organizations
- World organization of the scout movement
- International committee of the red cross
b. International corporation – multinational corporation
- Coca cola
- Toyota
c. Intergovernmental organizations, also known as international governmental body most closely associated with
the term international organization these are organizations that are made up primarily of sovereign states
(referred as member states)

Example: United Nations (UN)

- Organization for economic co-operation and development (DECD)
- European union (EU) – prime example of supranational organization
- World trade organization (WTD)

The UN has used the term “intergovernmental organization” instead of “international government”.

VIII- International cases that were decided by the UN through its arms the ICJ:

1. Territorial and Maritime Dispute (Nicarugua V. Colombia)

Issue: whether or not Nicaragua has the right of ownership/control over the dispute between Nicaragua and Colombia
involves issues “concerning title or control to territory and maritime delimitation” in the Western Caribbean
Facts: on December 2001, Nicaragua instituted proceedings against Columbia with regard to “legal issues subsisting”
between the two states “concerning title to territory and maritime delimitation” in the Western Carabbean. In its
application, Nicaragua requested the International Court of justice to adjudge and declare: first that Nicaragua has
sovereignty over the islands of Providencia, San Andres and Santa Calatina and secondly, to determine the course of the
single maritime boundary between the areas of continental shelf and exclusive economic zone appertaining respectively
to Nicaragua and Colombia.

Decision: the international court of justice decided unanimously that Colombia has sovereignty over the disputed islands
of Albuquerque, Bajo Nuevo, East-Southeast cays, Quitaseuno, Roncador, serrana and serranilla.

PART 11 – GLOBAL CRIMINAL JUSTICE SYSTEM

This part covers the discussions on the forms and types of governance, Systems of Criminal Justice and Model
Criminal justice process.

CHAPTER V11 – FORMS AND TYPES OF GOVERNMENT

Government – from the Latin “Gobernaculum”, signifies the instrument, the helm, whereby the ship to which
the state was compared, was guided on its course by the “gubernator” or helmsman, and in that view the
government is but an agency of the state, distinguish as it must be in accurate thought from its scheme and
machinery of government.

Two umbrella Concepts of Government:

A- Communism- the practice of the doctrine that all goods, means of production etc. should be property of the
community and each member should work for common benefits. It also refer to a political movement seeking
to overthrow capitalism and to establish form of communism dominated by totalitarian bureaucracy.

B- Democratic – pertains to democracy characterized by the fact, spirit or principles of popular government
tending to level social distinction practicing social equality.

Major Forms of Government

1. Anarchy (from Greek: ἀναρχία anarchía, "without ruler") may refer to any of the following:
a. "No rulership or enforced authority."
b. "Absence of government; a state of lawlessness due to the absence or inefficiency of the supreme
power; political disorder."
c. "A social state in which there is no governing person or group of persons, but each individual has
absolute liberty (without the implication of disorder)."
d. "Absence or non-recognition of authority and order in any given sphere."

2. Aristocracy - is a form of government, in which a selected few such as most wise, strong or contributing
citizens rule, often starting as a system of cooption where a council of prominent citizens and leading soldiers,
merchants, land owners, priests, or lawyers to their number. Aristocracy deforms when it becomes hereditary
elite.

3. Authoritarianism- Authoritarianism describes a form of government characterized by an emphasis on the

authority of the state in a republic or union. It is a political system controlled by nonelected rulers who usually
permit some degree of individual freedom.

4. Autocracy- is a form of government in which the political power is held by a single, self-appointed ruler.
5. Monarchy -The term monarchy also differs in that it emphasizes the hereditary characteristic, though some
Slavic monarchs, specifically Russian Emperors traditionally included the title "autocrat" as part of their official
styles.
6. Communist State- In political science, a Communist state is a state with a form of government characterized
by single-party rule of a Communist party and a professed allegiance to a communist ideology as the guiding
principle of the state.

7. Confederation- Usually created by treaty but often later adopting a common constitution, confederations
tend to be established for dealing with critical issues such as defense, foreign affairs, or a common currency,
with the central government being required to provide support for all members. A confederation, in modern
political terms, is usually limited to a permanent union of sovereign states for common action in relation to
other states.

8. Corporatocracy or Corpocracy - is a form of government where a corporation, a group of corporations, or

government entities with private components, control the direction and governance of a country.

9. Consociational State- Political scientists define a Consociational state as a state which has major internal
divisions along ethnic, religious, or linguistic lines, with none of the divisions large enough to form a majority
group, yet nonetheless manages to remain stable, due to consultation among the elites of each of its major
social groups.

10. Demarchy - is a hypothetical political system run by randomly selected decision makers who have been
selected by sortition. Demarchy attempts to achieve democratic representation without needing elections—it
has been referred to as "democracy without elections.

11. Democracies:

Types of Democracy;

a. Direct democracy, classically termed pure democracy, comprises a form of democracy and theory of
civics wherein sovereignty is lodged in the assembly of all citizens who choose to participate.

b. Grassroots democracy is a tendency towards designing political processes where as much decision-
making authority as practical is shifted to the organization's lowest geographic level of organization.
c. Illiberal Democracy- is a governing system in which although fairly free elections take place, citizens
are cut off from real power due to the lack of civil liberties.
d. Islam and Democracy- Known as Islamic democracy, two kinds of democratic states can be
recognized in the Islamic countries. The basis of this distinction has to do with how comprehensively
Islam is incorporated into the affairs of the state.
e. Liberal democracy (or constitutional democracy) is the dominant form of democracies in the 21st
century.
f. Messianic democracy -is a neologism originally used by Jacob Talmon in his book The Origins of
Totalitarian Democracy (1951) to describe the "democracy by force" doctrines of Jean-Jacques
Rousseau and its philosophical descendants, as an effective tyranny that demotes democratic principle
to rhetorical use only.

g. Non-partisan democracy (also no-party democracy) is a system of representative government or

organization such that universal and periodic elections take place without reference to political parties.
 h. Participatory democracy, sometimes called "direct democracy," is a process promoted by the New
Left in the early 1960s and on through the 1980s, emphasizing the broad participation (decision
making) of constituents in the direction and operation of political systems.
i. Religious democracy means that the values of religion play a role in the public arena in a society
populated by religious people.
j. Representative democracy is a form of government founded on the principle of elected individuals
representing the people, as opposed to either autocracy or direct democracy.
k. Republican Democracy- is a republic which has democratic forms of government. One of the key
principles is free and open debate prior to casting a vote.
l. Soviet Democracy- For the Soviet republics of the Soviet Union, Soviet democracy or sometimes
referred to as council democracy is a form of democracy in which workers' councils called "soviets",
consisting of worker-elected delegates, form organs of power possessing both legislative and executive
power.
m. Totalitarian Democracy -is a term made famous by Israeli historian J. L. Talmon to refer to a system
of government in which lawfully elected representatives maintain the integrity of a nation state whose
citizens, while granted the right to vote, have little or no participation in the decision-making process
of the government.

Politics and Religion which influences the formation of Government:

A- Politics- refers to the science of government; art or practice of administering public affairs.

It is also a word commonly used to epitomize compromise, even with principles, for the purpose of political
expediency or the advancement of the bid for power of a given political party. It is generally associated, and
often identified with the dictum that the end justifies the means.

B- Religion – a profession of faith to an active power that binds and elevates men to its creator.
One’s views of his relation to his creator and to the obligations they impose of reverence to his being and
character, and obedience to his will.

Some types of religion that becomes instrumental in the formation of Government:

1. Hinduism – the popular religion of India, consisting of the ancient religion of the Brahmans, with an
admixture of Buddhism and other philosophies. Its supreme deities are the triad of Brahma, Vishnu,
and Siva, while numberless inferior divinities and natural objects as trees, serpents etc. are objects of
worship.

This religion becomes very influential in the formation of government system of the Indian countries
and its neighbors, the likes of the religious government of Tibet headed by the Dalai Lama, its practices
and system of government is found to be of high influence by Hinduism.

2. Islam – the religion Muslim, which maintains that there is but one God, Allah, and that Mohammad,
is his prophet. Also refers to the body of Muslim believers, their cultures, and the countries they
inhabit. Through Islam, it forms its government ruled under a communal system with its laws centered
on the Shariah.

3. Christianity – the state of being a Christian.

 Christian – relating to Christ and his religious teachings and to those who follows with faith in his
teachings, and those who exhibits kindness and goodness. Through this concept, formed democratic
government centered on the element of freedom.

4. Buddhism/Dalai Lama – a mystical and ascetic religious faith in Eastern Asia, founded in northern
Indian by Buddha in the sixth century B.C, which teaching that Nirvana which is the conquest of self
and subsequent freedom from sorrow and mortality, is reached by the eightfold path of right belief,
right resolution, right speech, right action,, right living, right effort, right thinking and peace of mind
through meditation.

Sample models of National Governments:

A- Government of the United Kingdom - Constitutional Monarchy

Branches of the Government:

1. Executive: composed of;
Monarch – head of state that must belong to a Church of England according to the Act of
Settlement of 1701.

Though it takes little direct part in the government, the crown remains the fount from which ultimate
executive power over government flows and this power is known as Royal prerogatives and can be
used for a vast number of things, such as the use or withdrawal of passports to the dismissal of the
prime minister or even the declaration of war.

Prime Minister – appointed by the Monarch as the head of the government and who is the
head of the government and who is the head of the cabinet of ministers usually drawn from
the party holding the most seats in the government.

2. Legislatives – supreme legislative power is vested in the parliament; consists of bicameral

parliament:
House of Common – has 651 popularly elected members. It supports the government for the
maintenance of supply and in order to pass primary legislation is so vital. By convention, if the
government losses the confidence of the House of Commons it must either resign or a general
election is held.
House of Lords – composed of 574 life peers, 92 hereditary peers and 26 bishops.

Its main function is to revise legislation and though it may take a part in shaping legislation it cannot
permanently block a bill passed by the commons and has very limited power in relation to money bills.

3. Judiciary – its main function is for decision making. Composed of the following:
a. Magistrates court – deals with minor cases
b. Crown court – deals with serious offenses
c. County court – deals with civil cases
d. High court – deals with appeals regarding civil cases
e. Appellate court – deals with appeals from inferior courts.
f. Supreme court – ultimate appellate court

Principal Government Officials:

a. Head of State –the Queen (Elizabeth II)
b. Prime Minister, Head of Government _ (David Cameron)
 c. Deputy Prime Minister – (Nick Clegg)
d. Secretary of State for Foreign and Commonwealth Affairs – (William Hague)
c. Ambassador to the UN – (Mark Lyall Grant)

B- Government of SINGAPORE

1. Government of Singapore- Is defined by the constitution of the Republic of Singapore to mean the
Executive branch of government, which is made up of the President and the Cabinet of Singapore.

Although the president acts in his personal discretion in the exercise of certain functions as a check on
the Cabinet and Parliament of Singapore, his role is largely ceremonial. It is the Cabinet, composed of
the Prime Minister and other Ministers appointed on his advice by the President that generally directs
and controls the Government. The Cabinet is formed by the political party that gains a simple majority
in each general election.

2. Statutory board- Is an autonomous agency of the Government that is established by an Act of

Parliament and overseen by a government ministry. Unlike ministries and government departments
that are subdivisions of ministries, statutory boards are not staffed by civil servants and have greater
independence and flexibility in the operations.

3. Executive branch- Executive power rests with the cabinet, led by prime minister and the President,
the President is elected through popular vote and has some veto powers for a key decisions such as
the use of national reserves and appointment of judges, but otherwise occupies a ceremonial post.

4. Legislative branch- Unicameral parliament with 83 seats, members elected by popular vote to serve
five-year terms.

5. Judicial branch- Supreme Court, chief justice as appointed by the President with the advice of the
Prime Minister. Other judges are appointed by the President with the advice of Chief Justice, Court of
Appeals.

Political parties and leaders

Government: People’s Action Party (PAP)
Opposition:
- Singapore Democratic Party
- Workers Party
- National Solidarity Party
- Singapore Peoples Party

C- Saudi Arabia Government

Division;
1. Executive – king (Chief of State and Head of Government)
 Council of Ministers
 Local Government
 Ministry Subsidiaries
 Independent and quasi-independent agencies
2. Legislative – Consultative Council (Majilis Al –Shoura)
3. Judicial – Supreme judicial council
 Courts of appeal
  Courts of first instance
 General and summary court

Jurisdiction;

Executive Branch
KING- oversees the implementation of Islamic Shariah, statutory laws, regulations and resolutions.
 Has power to appoint and relieve ministers.
 Supervises council of ministries and governmental agencies.
 Direct general policies.

Council of Ministers – headed by the king

 The direct executive authority in the kingdom
 Has power to set down the nation’s internal external, financial, economic, and educational and
defuse policies.
 Has the authority to monitor the implementation of laws regulations and resolutions
 Has final authority over executive affairs of all ministries and government agencies.

Parts of Executive Branch

1. Local governments
2. Ministry subsidiaries
3. Independent and quasi-independent agencies
 Address the social, economic, and administrative challenges which have been facing the
kingdom. Has jurisdiction over the regions.

Legislative Branch; shared by the;

1. King
2. Council of ministers
3. Consultative council (Majilis Alshoura)
 Provide opinions regarding public policy
 Has a wide mandate to comment on state affairs
 Has jurisdiction to propose a draft of a new law or an enacted law

Judicial Branch

A. Supreme Judicial council;

1. Administrative function
- Highest authority
- supervises all judicial courts system
- administers the employment related affairs of all the members of the judiciary
2. Judicial Function;
- The council reviews judgment involving death sentences and certain other major crimes.
3. Legislative Functions;
- establishes general principles and judicial presidents that lower courts are bound to
follow.
4. Consultative Function;
- The council reviews and provides opinions in matters to it by the king or by the ministry
of justice.
 B. Courts of Appeals
1. Court of appeals in Mecca – hears appeals from the lower courts in the provinces
2. Court of appeals in Riyadh – hears appeals from the lower courts in the central and eastern
provinces.
 Primary concern of the appellate court is to review the general and summary courts
application of the shariah.
 Primary function of the court of appeal is to review or to hear objections to judgments
issued by the lower courts.
 Court of appeals does not reverse lower court decisions. Instead, it either affirms and
finalizes judgments unanimously or by majority vote, or sends them back to the lower
court trial judges for modification.

C. First Instance Courts

1. Summary courts – have jurisdiction over certain hundred cases (fixed punishment), tazir cases
(excluding those include by a statutory law), and decisions concerning monetary damages.
- Civil cases/ claims for sums less than 8000 riyals.
- hears juvenile cases
2. Central Courts – have jurisdiction over cases wherein the sentence claimed is either the death
penalty, or qisas (retaliatory punishments) in cases other than death.
- Civil claims for sums totaling more than 20,000 riyals (6,000).
- Not entitled to issues death sentence by tazir unless unanimous vote has been-reached.

CHAPTER V111 – NATIONAL SYSTEMS OF CRIMINAL JUSTICE ACROSS THE WORLD

a) Western System- Within Western nations, For example, the roots of the United States system in Anglo-
Saxon legal culture;

Common law systems, for example, in the U.S. and U.K., are adversarial-based, involving two opposing
sides of a lawyer representing the defendant and a prosecutor representing the people. The common
law system typically relies on prior court decisions as precedents to be used in later court cases.

b) Non Western System- Harding and associates (1995) found that the British and Dutch systems of criminal
justice have also converged inasmuch as the criminal justice procedures in the two countries are being
harmonized as part of a broader plan of so-called Europeanization, i.e. a harmonization of criminal justice in
the countries of the European Union.
The civil law or continental system —which is applied, for example, in Sweden, Japan and Germany—
is an inquisitorial model that typically grants less rights to the accused and that operates on the
premise that pre-trial inquiry and application of written law should guide society’s quest for justice.

Islamic law, which is prevalent in Arabic countries, is rooted in religious values and derives its premises
from the Koran. Saudi Arabia, for example, has a criminal justice system that is completely integrated
with Muslim religious culture (Adler 1983).

Socialist systems, finally, reflect a Marxist-Leninist ideology that views the criminal justice system as a
means of training a nation’s people to fulfill the responsibilities the state has proclaimed to be ideal.

Concept of dangerousness in the People’s Republic of China- in the Chinese systems those perceived
as dangerous-to-society receive harsher punishments, especially when they engage in so-called
 counter-revolutionary political actions or have knowledge of state secrets. Other socialist countries
have similarly been found to apply harsher forms of punishment than exist in democratic nations.

Comparative Court System - Court system of the world are of two types:

a. 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.

b. 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.

CHAPTER 1X- THE MODEL CRIMINAL JUSTICE PROCESS-

Civilization and Modernization

Process of Civilization- Societies undergoing civilization processes also incorporated a relatively broad range of
crime control strategies, including punitive as well as rehabilitative and preventive measures.

Processes of Modernization- evolve around the impact of particular demographic, economic, and
technological changes that require adaptations by the criminal justice system.

The Impact of Economic Modernization - Where once certain country, especially the communist countries of
Eastern Europe, had an economy that was planned by central governments, their economic markets are now
opened up to enable free trade and enterprise. These economic changes have created new opportunities, but
have also led to an increase in crime, particularly in matters of drug trafficking and money laundering.

The Global Move towards Democratization

Among the countries that in recent years have been reformed as democracies, the former Soviet Union and
South Africa. In Russia and the other countries of the Commonwealth of Independent States that used to form
the Soviet Union, the criminal justice system is in a state of disarray, particularly because it is unclear what the
direction is of the new system of criminal justice that will replace the old communist system.

Juvenile Justice and Gender Discrepancies

a. in Scotland the specialized juvenile courts, the so-called Children’s Hearings Panels, operate as a
separate system of criminal justice that is mostly inspired by a therapeutic and paternalistic ideology
which puts emphasis on a rehabilitative and caring approach. But the Scottish juvenile justice system
also imposes prison sentences in correctional facilities that emphasize work, military drill and physical
training.
b. In Germany, cases involving juveniles are also heard in special courts, on the basis of a separate
system of Youth Law. In the German system, however, the focus is on education rather than
punishment, with limited incarceration options and generally shorter sentences.

The Criminal Justice Process Model

1. Investigation
2. Search Warrant
3. Interrogation
4. Arrest
5. Complaint, Information or Indictment
6. Arraignment
7. Bail
8. Plea Negotiations
9. Trial
10. The Verdict/Decision/Promulgation
11. Appeal

Sample Model of Criminal Justice System:

A- Singapore Criminal Justice System (setting)

SUPREME COURT

COURT Of APPEALS HIGH COURT- appeals case both in subordinate courts.

-appeals decisions
Casers of high court
Both Civil and criminal
Cases.

District Court Magistrate Court

*Specialist Commercial Courts *Special laws/cases
*Admiralty Courts *civil Matters/Criminal cases
*Intellectual Property Courts *Criminal cases

a. Both district and magistrate courts- hear a case that has specific court in every cases appeal.
b. Family Courts - deals with various family-related.
c. Coroner’s court- cause of a person’s death and whether any one is criminally responsible.
d. Juvenile’s court- offenses committed by persons below 16 years of age
- Deals also with parental cases.
e. Community court- youthful offender (aged 16 to 18) offenders with mental disabilities.

B- Saudi Arabia Justice System

Supreme Judicial council- (SJC)

Courts of Appeals

Mecca Court of Appeal Riyadh Court of Appeal

 Court of first-Instance

General Courts Summary Courts

BOARD OF GRIEVANCES
- Has authority to receive and investigate complaints.
- Created because of the increasing number of disputes b/n government agencies
and private contractors.
- Has jurisdiction over disputes of criminal nature i.e. bribery and fraud.

Saudi Arabia Constitution

 SHARIAH – the moral cod and religious law of Islam. Derived from the Quran and Sunnah.
 QUARAN – central religious text of Islam, which Muslims consider the verbatim word of God.
 SUNNAH – sayings and teaching of Prophet Muhammad.

Three categories of crimes in Shariah law

1. QISAS – eve for eye retaliatory punishments
- Civil case, criminal cases e.g murder
2. HUDHUD – fixed quranic punishment for specific crimes
- Claims against God

Hudhud crimes
 Rape
 Apostasy/blasphemy
 Defamation
 Sodomy
 Theft
 Use of intoxicants
 Waging war against God and society
 Adultery, fornication, incest

3. TAZIR – a general category, including crimes defined by National regulations some of which can be
punished by death;
 Claims against the state
 Punishment can manage, depending on crime or circumstances, form death to imprisonment to even
community service.

Corporal & Capital Punishments

1. Amputation of hands-robbery and theft
2. Flogging - sexual deviance, drunkenness
3. Beheading stoning, firing squad – murder, rape, repeated drug use armed robbery, apostasy,
witchcraft, sorcery, followed by crucifixion.
4. Imprisonment
5. Expulsion