CATHOLIC UNIVERSITY LOS ANGELES

CHIMBOTE
FACULTY OF LAW AND POLITICAL SCIENCES

PROFESSIONAL SCHOOL OF LAW

COURSE:
CRIMINOLOGY AND CRIMINALISTICS

TEACHER:

DR. ELIZABETH YOLANDA FLOWERS OF THE CROSS

NAME:

ATOCHE VALVERDE ANGELICA FRIDDA

ANA MARIA CORDOVA CASTRO

2019
 INDEX

CATHOLIC UNIVERSITY LOS ANGELES CHIMBOTE 1

INDEX 2
INTRODUCTION 3
CHAPTER I 4
THEORETICAL FRAMEWORK 4
1.1. DEFINITION 4
1.2. CHARACTERISTICS 4
1.3. TYPES OF ORGANIZED CRIME 5
1.4. FORMS OF ORGANIZED CRIME 5
+ THE MAFIA 6
+ GANGS or MARAS 6
1.5. ORGANIZED CRIME ACTIVITIES 6
/ ARMS TRAFFICKING 8
/ INTERNATIONAL TERRORISM 9
Article 1 10
Object of the Law 10
Article 2. 10
Article 3. 10
Crimes included 10
CONCLUSIONS 12
RECOMMENDATIONS 13
BIBLIOGRAPHY 14

EXHIBIT 16
 INTRODUCTION

Specialists point out that the organizational and operational structure of a criminal

organization allows identifying the degree of importance and development that it has

achieved. Additionally, the dimensions of its illicit activities, its internal composition

and the quality of its members make it possible to recognize the greater or lesser

level of its influence on its economic, social, or political environment. However, the

structure of criminal organizations is not uniform. It varies according to its origin, the

degree of development it has reached, the type of criminal activities it carries out or

the number of components it integrates. Consequently, there are organizations with

highly hierarchical and complex structures that show a vertical composition, with

very centralized levels of power and management.

 CHAPTER I

THEORETICAL FRAMEWORK

1.1. DEFINITION

Crime in Peru and the world is one of the biggest problems today. But in order to talk

about it, it is necessary to know everything that its concept encompasses; the

phenomenon of crime can be considered from a social perspective and from a legal

perspective.

From a legal point of view, a criminal is considered someone who "commits an action

or omission contrary to current law."

From a social point of view, it can be said that the criminal is the one who commits

"harmful acts" toward oneself, toward one's peers, or toward the moral and material

interests of society.

However, in this work we are not going to define only crime but one of its forms, such

as ORGANIZED CRIME, which has become one of the biggest problems facing the

world community.

It is a bit difficult to define this problem from a more complete point of view, however

we can define it as a permanent group of criminals, who have a respected

hierarchical structure, composed of individuals disciplined to commit crimes with the

ability to obtain monetary profits quickly. We could also define Organized Crime as

"collective crime that rationally instrumentalizes institutional violence in private and

public life, at the service of rapid business profits. This definition necessarily links

hierarchies of the political and judicial bureaucracy through corruption and impunity.

1.2. CHARACTERISTICS

• It has no ideological goals. His goals are money and power,

• Its structure is vertical and rigid with two or three controls at most.

• Membership involves eligibility criteria and rigorous selection processes.

• Permanence in these groups goes beyond the lives of their members.

• It operates through the division of work by cells.

• They use bribery and blackmail to neutralize public officials and politicians.
 • They provide illegal merchandise and services desired by the general

population.

• They develop hegemony over a certain geographic area.

• They have mandatory regulations for members

1.3. TYPES OF ORGANIZED CRIME

There are, as has been observed during the investigation, the following types of

organized crime:

> LOCAL ORGANIZED CRIME

By deduction, it can be defined as crime - consisting of a gang or several linked

gangs, which operate on a smaller territorial scale, whether a community,

municipality or state, and which generally operates within that demarcation and

rarely outside of it.

> NATIONAL ORGANIZED CRIME

Like the previous one, it may consist of a single large gang or several associated

gangs, operating on a relatively larger scale, and is already recognized as a major

crime, since it operates in several cities and provinces or states and, potentially, It

may have links with other national and international gangs.

> TRANSNATIONAL ORGANIZED CRIME

When organized crime builds connections with similar organizations by forming

networks around the world, the United Nations identifies it as transnational organized
crime. It is also called cross-border organized crime, as the European Commission
calls it. Thus, organizations dedicated to organized crime undertake illegal financial,
commercial, banking, stock market or commercial operations; actions of bribery,
extortion; offering protection services, concealing fraudulent services and illegal
profits; illegitimate acquisitions; control of illegal gambling centers and prostitution
centers.

1.4. FORMS OF ORGANIZED CRIME

As we have previously pointed out, organized crime is understood to be socially

organized collectivities that carry out criminal activities for profit. These activities

usually include the trafficking of drugs, weapons, replicas of artistic works or

archaeological treasures. Most of these groups have a hierarchical order, with the
Gangs and Mafia forms being the most common.

+ THE MAFIA

Mafia is a term used worldwide that refers to a special class of organized crime,

extended from its origin in southern Italy to any organized crime group with similar

characteristics regardless of its origin or place of action.

It was born in Sicily where it was called Cosa Nostra or mafia, and originally a

confederation dedicated to the protection and autonomous exercise of the law

(vigilante justice) and, later, organized crime. Its members called themselves mafiosi,

that is, "men of honor." The members of the different mafia clans use a series of

inviolable "codes of honor", of which the best known is the omertá or law of the

+ GANGS or MARAS

A gang is commonly a group of people who feel a close, or intimate and intense

relationship between them, which is why they usually have a friendship or close

interaction with ideals or ideology or philosophy common among the members; fact

that leads them to carry out group activities, which can range from going out to party

in a group to carrying out violent activities.

Gangs are usually groups of people who have ideas or thoughts in common and who

get together, simply to live together, and talk about some pleasant topic, such as

even committing violent cases.

The boss, in a fight, always comes out unscathed, the "henchmen" or the members

of the gang are the ones who are most affected, because they are the ones who are

beaten, in jail, even dead.

1.5. ORGANIZED CRIME ACTIVITIES

"Criminal societies" as such have specific objectives, obtaining profits through illicit

activities. That is why these companies usually tend to market their products on the

black market to obtain them, whether in the sale of drugs, prostitution, piracy of cars
and even valuable art paintings. Thus, criminal organizations, along with the

development of our society, modernize and become increasingly effective and their

scope of action progressively extends. Today its markets have crossed borders and

its activities have become "globalized."

The sub-economy that they have generated produces approximately between 500

and 800 billion dollars a year worldwide (more than the combined budget of half of

the countries in the world), having as its main sources of income, in order of

importance the following:

• DRUG TRAFFICKING
Drug trafficking is a global illegal industry that consists of the cultivation,

manufacturing, distribution and sale of illegal drugs. While certain drugs are legal to

sell and possess, in most jurisdictions the law prohibits the exchange of some types

of drugs.

Drug trafficking operates in a similar way to other underground markets. Various

drug cartels specialize in separate processes along the supply chain, often targeted

to maximize their efficiency. Depending on the profitability of each part of the

process, posters vary in size, consistency and organization. The chain goes from

small-time street dealers, who are sometimes drug users themselves, the drugs

being transported through middlemen who can be assimilated to contractors, to

multinational empires that rival national governments in size.

Drug trafficking occurs on a global scale, with the final product reaching a high value

on the black market.

Drug addiction has important social consequences: crime, violence, corruption,

marginalization. For this reason, most countries in the world prohibit the production,

distribution and sale of these substances. As a consequence, an illegal market for

narcotic and psychotropic substances has been formed, which produces enormous

economic benefits.

Most of the narcotic substances produced in the world are grown in third world
countries (many countries in South America, Southeast Asia and the Middle East),

and then smuggled into consuming countries. Traditionally, the United States and

Europe have tended to impose restrictive "zero tolerance" policies on producing

countries. However, coca, poppy or cannabis crops are essential for the manufacture

of food, beverages and medicines around the world, and an economic support for

producing regions.

On the other hand, psychotropic substances such as lysergic acid diethylamide

(LSD), whose consumption is decreasing; Amphetamines and other psychotropic

substances of synthetic or semi-synthetic design and composition, such as "ecstasy"

(MDMA), are fully produced in laboratories, mainly in developed countries, and are

replacing traditional drugs such as cocaine.

/ ARMS TRAFFICKING

Every year thousands of murders are committed with high-powered weapons that

clandestinely enter the territory of different countries as a result of corruption,

impunity and the complicity of many authorities. This is trafficking associated, today

more than ever, with organized crime organizations. Other smaller caliber weapons

are used in crimes related to street robbery, business robbery, residential robbery,

car theft with violence and of course homicides.

It is already known that illegal arms trafficking is a threat to people's safety and a

challenge to the institutions of order and security, however now it is necessary to

recognize that in many countries there is a crisis due to this smuggling and crimes.

that are committed every year. An example is Baja California. In this entity, from

January to October of this year, the authorities reported 550 executions. This serious

problem is no longer just a security issue in charge of the police forces, it has now

become a political issue in charge of the ruling class. This smuggling, insecurity and

executions are a challenge to our incipient democracy.

Arms trafficking threatens the stability of the rule of law and democracy.

It discourages the search for a peaceful solution to conflicts and generates a vicious
cycle of insecurity that leads to greater circulation of these weapons. The human and
economic consequences for countries are incalculable.

The large number of light weapons circulating around the world, the profit motive of

arms producers and their commercial agents, together with the geographical and

strategic position of the countries and the internal conflicts they suffer from this

scourge; These are factors that combine to turn countries into nations with a high

level of insecurity and a target for trafficking in weapons, ammunition and explosives.

This in turn produces large profits for international traffickers, estimated at around

840 billion dollars annually.

Taking the specific case of Colombia as an example, since there is an exchange of

drugs for weapons and in turn the insurgents sell security to the growers and

producers of narcotics, it is evident that there is a close link between arms traffickers,

trafficking of drugs and narcoterrorist organizations. Hence, many of the

mechanisms used to combat alkaloid trafficking also serve to combat illicit arms

trafficking.

/ INTERNATIONAL TERRORISM

The goals sought by this form of unconventional "war" can have political, religious,

cultural purposes and simply the seizure of power by a totally illicit means. For these

reasons, the world is shaken daily with news of attacks on public roads, where

innocent people and totally unrelated to that "war" or various interests lose their

lives.

This phenomenon is one of the most difficult forms of violence to contain because its

field of action extends beyond the conflict regions. It is a phenomenon that is

characterized by: its indiscriminate violence, involving victims who have nothing to

do with the conflict causing the terrorist act; Its unpredictability acts by surprise,

creating uncertainty, instilling terror and paralyzing the action; Its immorality

produces unnecessary suffering, hitting the most vulnerable areas; Being indirect,

the target instrument is used to attract attention and to exert coercion on the

audience or a primary target, through the multiplier effect of the mass media.

Terrorist acts must be responded to through legal norms that contemplate their

prevention and punishment.

1.6. LEGISLATION

Article 1

Object of the Law

The purpose of this Law is to establish the rules and procedures related to the

investigation, prosecution and punishment of crimes committed by criminal

organizations.

Article 2.

Definition and criteria to determine the existence of a criminal organization 1.

For the purposes of this Law, a criminal organization is considered to be any group

of three or more people who share various tasks or functions, regardless of its

structure and scope of action, which, on a stable basis or for an indefinite period of

time, is created, exists or works, unequivocally and directly, in a concerted and

coordinated manner, with the purpose of committing one or more serious crimes

indicated in article 3 of this Law. 2. The intervention of the members of a criminal

organization, people linked to it or acting on behalf of it, may be temporary,

occasional or isolated, and must be oriented toward achieving the objectives of the

criminal organization.
Article 3.

Crimes included

This Law is applicable to the following crimes:

1. Qualified homicide-murder, in accordance with article 108 of the Penal Code.

2. Kidnapping, typified in article 152 of the Penal Code.

3. Human trafficking, typified in article 153 of the Penal Code.

4. Violation of the secrecy of communications, in the criminal modality typified in

article 162 of the Penal Code.

5. Crimes against property, in the criminal modalities typified in articles 186, 189,

195, 196-A and 197 of the Penal Code.

6. Child pornography, typified in article 183-A of the Penal Code.

 CONCLUSIONS

- Crime is the set of infractions with a strong social impact committed against

public order.

- The Gangs meet among other things because of similarities in their problems

and because they feel the same voids.

- One of the main causes of criminals is that as a result of everything that their

family life causes, they need and want a quick way out of money and they

only get it by committing crimes.

 RECOMMENDATIONS

- Greater support is proposed for young people so that they do not get involved

in gangs.

- Parent talks are proposed to the State so that they can be informed of what

family support is necessary in these cases.

- Workshops are proposed in which young people feel useful and get money in

the correct way so as not to dedicate themselves to crime.

 BIBLIOGRAPHY

- Vega, Amando. (1994) "Pedagogy of Social Misfits", Madrid-Spain.

- Law No. 27337 “Children and Adolescents Code”. Lima, 2000.

- Congress of the Republic: “Everyday violence in children and young people in

Peru.

Causes, consequences and recommendations. Lime. 2008.