Comparative Police System (LEA 6) (1.

0 % out of 20%)

Topics:

 Know the effects of globalization to police service;

 Compare selected police models;

 Discuss the participation of PNP personnel in UN Peacekeeping Missions; and

 Understand the role of INTERPOL, ASEANAPOL

Comparative:

 Context is different

 Economic, Social, Cultural

 What works in some countries may not work as well in others

Universal Principles:

 Universal principles of trust in government

 Universal principles of human rights, the rights of the accused, rights of children

 Universal principles of due process; fairness

 Universal principles of freedom from oppressive systems

Globalization:

 A process by which regional economies, societies, cultures have become

integrated through a global network of communication, transportation and trade.

 It refers to the reduction and removal of barriers between national borders in order
to facilitate the flow of goods, capital, services and labor.

Effects:

 Area of responsibility – national to international, transnational and organized

crimes become one of the targets of the police force.

 Workload – more laws to enforce means more effort is needed.

 Cultural adjustment – different police forces have different cultures which may be
conflicting.
Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.
As arranged by: Mr. Junaid H. Hadji Salic
  Economic considerations – police administrators tend to spend extra time in
considering their budget in combating transnational crimes.

 Extradition – alien criminals will be sent to their mother countries.

Transnational Crime:

 Refers to crime that takes place across national borders and it is organized crimes,
such as….

• Drug trafficking

• Human trafficking

• Terrorism

• Cyber crime

• Money laundering

Drug Trafficking:

 Is the illegal cultivation, culture, delivery, administration, dispensation,

manufacture, sale, trading, transportation, distribution, importation, exportation
and possession of any dangerous drug.

Drug Cartel:

• Is a criminal organization developed with the primary purpose of promoting and

controlling drug trafficking operations.

Basic Structure of Drug Cartels:

 Falcons (Halcones): Considered the "eyes and ears" of the streets, the 'falcons'
are the lowest rank in any drug cartel. They are responsible for supervising and
reporting the activities of the police, the military and their rival groups.

 Hitmen (Sicarios): The armed group within the drug cartel that is responsible for
carrying out assassinations, kidnappings, thefts, extortions, operating protection
rackets, and defending their 'plaza' (turf) from rival groups and the military.

 Lieutenants (Lugartenientes): The second highest position in the drug cartel

organization that are responsible for supervising the hitmen and falcons within
their own territory.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
  Drug lords (Capos): The highest position in any drug cartel that is responsible for
supervising the entire drug industry, appointing territorial leaders, making
alliances, and planning high-profile executions.

Drug Trade in the Philippines:

 The Philippines is a producer, exporter and consumer of cannabis plant-based

drugs (marijuana, hashish, et.al).

 The Philippines is an importer and consumer of synthetic drugs, in particular

methamphetamine hydrochloride (shabu).

 The Philippines is a transit point for the international trade in heroin and cocaine.

 The Philippines is being used as a recreation place, an investment and money

laundering haven.

Reasons:

 Economic Policy

 Banking System

 Geographical Location

 Political System

Human Trafficking:

 It involves an act of recruiting, transporting, transferring, harboring or receiving a

person through the use of force, coercion or other means, for the purpose of
exploiting them.

The Act (What is done):

 Recruitment, transportation, transfer, harboring or receipt of persons.

The Means (How it is done):

 Threat or use of force, coercion, abduction, fraud, deception, abuse of power or

vulnerability, or giving payments or benefits to a person in control of the victim.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
The Purpose (Why it is done):

 For the purpose of exploitation, this includes exploiting the prostitution of others,
sexual exploitation, forced labor, slavery or similar practices and the removal of
organs.

R. A. NO. 10364 (Expanded Anti-Trafficking in Persons Act of 2012, amending R. A.

No. 9208 of May 26, 2003.

Terrorism:

 (Latin: “terror”, “great fear” ) Is the unlawful use of force or violence against
persons or property to intimidate or coerce a government, the civilian population,
or any segment thereof, in furtherance of political or social objectives.

Characteristics:

 Premeditated or Planned

 Politically motivated

 Aimed at civilians

 Carried out by sub-national groups

Groups of Terrorist:

 Nationalist Terrorism – seek to form a separate state of their own and frequently
depict their activities as a fight for liberation.

 Religious Terrorism – pursue their own vision of the divine will and use violence
intended to bring about social and cultural changes.

Either:

 International Terrorism – is the unlawful use of force or violence by a group or an

individual who has connection to a foreign power or whose activities transcend
national boundaries against person or property to intimidate or coerce a
government.

 Domestic Terrorism – refers to the unlawful use of force or violence by a group or

an individual who is based and operates within a state.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Cyber Crimes:

• Crimes committed with the use of Information Technology, where computer,

network, internet is the target and where the internet is the place of activity.

Cybercrime Offenses:

 Illegal Access – The access to the whole or any part of a computer system without
right.

 Illegal Interception – The interception made by technical means without right of

any non-public transmission of computer data to, from, or within a computer
system including electromagnetic emissions from a computer system carrying
such computer data.

 Data Interference -The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.

 System Interference — The intentional alteration or reckless hindering or

interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.

 Cyber-Squatting – The acquisition of a domain name over the internet in bad faith
to profit, mislead, destroy reputation, and deprive others from registering the
same, if such a domain name.

Money Laundering:

 Is crime whereby the proceeds of an unlawful activity are transacted, thereby

making them appear to have originated from legitimate source.

– (R. A. No. 9160 Anti-Money Laundering Law of 2001 (Amended by R.

A. No. 9194)

Placement (Also called Immersion):

 The first stage in the washing cycle. The money is placed into the financial
system or retail economy or is smuggled out of the country.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Layering (Also called ‘Heavy Soaping’):

 It involves creating false paper trails, converting cash into assets by cash
purchases.

 Moving money in and out of the bank account of bearer through electronic funds
transfer.

Integration (Also called ‘Spin Dry):

 Making it into clean taxable income by real-estate transactions, sham loans,

foreign bank complicity and false import and export transactions.

 The money is integrated into the legitimate economic and financial system and
assimilated in all other assets in the system.

ANTI-MONEY LAUNDERING COUNCIL

 The financial intelligence unit in the Philippines that conducts investigations on

suspicious transactions.

 (R. A. No. 9160 Anti-Money Laundering Law of 2001 (Amended by R. A. No.

9194).

Selected Police Models (Philippines):

 Police force – PNP (RA No. 6975)

 Highest Rank – Director General (4 stars)

 Administration – DILG

 Government –Democratic/ Presidential

Japan

• Police force – (National Police) National Police Agency (Local Police)

Prefectural Police

• Higher Rank – Commissioner General

• Administration – National Public Safety Commission

• Government – Monarchy/Prime Minister

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Singapore

• Police force – Singapore Police Force

• Higher Rank – Police Commissioner
• Government – Parliamentary/Prime Minister
• Governing body - Ministry of Home Affairs
• Official Language - Chinese
•

Australia

• Police force – State Police and Australian Federal Police

• Higher Rank – Commissioner
• Administration – Parliament of Australia
• Government – Federal/Monarchy
• Official Language - English
• Age Requirement – 18 years old

Hong Kong

• Police Force - Hong Kong Police Force

• Higher Rank – Commissioner of Police
• Governing body - Security Bureau of Hongkong
• Headquarter- Wan Chai, Hongkong Island
• Language- Chinese

China

• Police Force - People’s Armed Police Force (under the Ministry of Public
Security)
• Governing body - National Police Agency (under the Ministry of the Interior of
the Republic of China)
• Higher Rank – Commissioner General
• Central office – Taipei City
• Official Language - Mandarin
• Age - 18 years old

Thailand Bangkok

• Police force – Royal Thai Police

• Higher Rank – Commissioner General
• Governing body –Ministry of Interior under the office of Prime Minister
• Headquarter - Bangkok Thailand
• Language - Thai (Siamese)

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
United States of America

• Police force – US Federal Police

• Higher Rank – Police Chief
• Administration – Department of Justice
• Government – Federal/Presidential

Belgium

• Police force – Belgian Police Force (Federal Police and Local Police)
• Higher Rank – Chief Commissioner – Inspector
• Federal Parliamentary Democracy
• Language - Dutch

Canada – Capital is Ottawa

• Police force – Royal Canadian Mounted Police (Mounties)

• Higher Rank – Commissioner
• Governing body - Minister of Public Safety
• Official languages: English, French
• Government - Parliamentary democracy

France

• Police force – Police Nationale (National Police) and Gendarmerie Nationale,

• Higher Rank – Director General
• Governing body - Ministry of the Interior

Indonesia

• Police Force -- Indonesian National Police

• Higher Rank – Police General

India

• Police Force - Central Reserve Police Force

• Higher Rank – Director General
• Governing body - Ministry of Home Affairs

South Korea

• Police Force - Korean National Police Agency

• Highest Rank – Commissioner General
• Governing body - Ministry of Government Administration and Home affairs

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Malaysia

• Police Force - Royal Malaysian Police

• Higher Rank – Inspector General
• Governing body - Ministry Home affairs
• Language – Bahasa

Note: Doctrine of PROCESSUAL PRESUMPTION

 The presumption that, in the absence of proof, the foreign law is the same as the
law of the forum.

United Nation (193 Member States )

Nature of Memberships:

 Open to all peace-loving states

 Willing to accept the obligations contained in the present Charter

 Accepted by General Assembly upon the recommendation of the Security

Council.

Organization:

 The United Nations (abbreviated UN in English, and ONU in French and

Spanish), is an international organization whose stated aims are facilitating
cooperation in

 International law,

 International security,

 Economic development,

 Social progress,

 Human rights, and

 Achievement of world peace.

 The term 'United Nations' describe the Allied countries which was first coined by
Franklin D. Roosevelt.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Founded:

 In 1945, after world war II to replace the League of Nations.

Purpose:

 To prevent war,

 Maintenance of international peace and security and

 Developing friendly relations among the members of international community.

Official Languages:

• Arabic (added in 1973),

• Chinese (Mandarin),
• English,
• French,
• Russian and
• Spanish

Head-quarter:

 It is located in Manhattan, New York.

 It has three additional, subsidiary, regional headquarters or headquarters districts.

 Geneva (Switzerland),

 Vienna (Austria), and

 Nairobi (Kenya)

Principal Organs:

 General Assembly,

 Security Council,

 Economic and Social Council

 Secretariat, and

 International Court of Justice

Note: Trusteeship Council was suspended in 1994, upon the independence of

Palau, the last remaining UN trustee territory.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Location:

 Four of the five principal organs are located at the main United Nations
Headquarters located in New York City. The International Court of Justice is
located in Hague, Netherland.

Note: The UN's most prominent position is Secretary-General.

General Assembly:

 Composed of all members

 Is the main deliberative organ of the UN.

 Decisions on important questions, such as those on peace and security,

admission of new members and budgetary matters, require a two-thirds
majority.

Security Council:

 Is charged with maintaining peace and security among countries. The responsible
for deciding certain resolutions for peace and security

 Composed of the 5 permanent members and 10 non permanent members

 France

 China

 Russia

 United Kingdom and

 United States

Economic & Social Council (ECOSOC):

 Assists the General Assembly in promoting international economic and social

cooperation and development.

 Composed of 54 members for 3 years term.

Secretariat:

 The chief administrative organ of the UN and headed by secretary general (Ban
Ki-moon)

 The Secretary-General's duties includes

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
  helping resolve international disputes,

 administering peacekeeping operations,

 organizing international conferences,

 gathering information on the implementation of Security Council

decisions.

 The Secretary-General is appointed by the General Assembly, after being

recommended by the Security Council

 Ban Ki-moon

International Court of Justice:

 Is the primary judicial organ of the United Nations.

 Composed of 15 members with 9 years term of office.

 President: Peter Tomka.

Role in Transnational Crime:

 The UN sponsored multilateral treaty against transnational organized crime,

adopted in 2000 which called the Palermo Convention,

 It is also called the PALERMO CONVENTION.

 By June 2012, the Convention has been signed by 147 countries.

 Protocol to Prevent, Suppress and Punish Trafficking in Persons,

especially Women and Children;

 Protocol against the Smuggling of Migrants by Land, Sea and Air.

 Protocol against the Illicit Manufacturing and Trafficking in Firearms.

 The Protocol commits of ratifying states to prevent and combat trafficking in

persons, protecting and assisting victims of trafficking and promoting cooperation
among states in order to meet those objectives.

Example:

• The Protocol defining the crime of trafficking in human beings;

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
 • facilitating the return and acceptance of children who have been victims of cross-
border trafficking, with due regard to their safety;

• suspending parental rights of parents, caregivers or any other persons who have
parental rights in respect of a child should they be found to have trafficked a
child;

• ensuring that trafficked persons are not punished for any offences or activities
related to their having been trafficked, such as prostitution and immigration
violations;

 The Convention and the Protocol obligate ratifying states to

introduce national trafficking legislation.

INTERPOL
Interpol (International Criminal Police Organization):

 It assists law enforcement agencies with investigation activities that transcend

national boundaries.

Formed 7 September 1923

Annual budget €78 million
Members 190 member states
Governing body Interpol General Assembly

General Nature  Law enforcement

 Civilian agency
Headquarters Lyon, France
Operational Structure: Agency President (chosen every 4 years in general
executives assembly) and Secretary General
Facilities (National Central Bureaus) 187
Official languages Four (4) Arabic, English, French and
Spanish.

Interpol:

 INTERPOL’s governance comprises the General Assembly and the Executive

Committee, which is headed by the President.

 The President is elected by the General Assembly for a period of four years.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
  Interpol does not take any political side in its work. It takes cases where the crime
or the matter relates to more than one country. It looks after many types of cases.

Some Crimes:

• Terrorism
• Weapons smuggling
• Organized crime
• People smuggling
• Illicit drug production
• Money laundering
• Drug trafficking
• Child pornography
• High-tech crime
• Political corruption

Structure:

General Assembly Supreme Governing Body and It’s Meet

Annually.
Executive Committee 3 members, comprises the president, 3 vice
presidents & 9 1delegates
National Central Bureaus Each member shall maintain a NCB staffed
by national law enforcement officers.

It operates 24 hours a day, 365 days a year.

Officials from more than 80 countries work
side-by-side in any of the organization’s
General Secretariat four official languages:
It has 7 regional offices at Argentina,
Cameroon, El Salvador, Kenya, Thailand,
Zimbabwe & Cote d’lvoire.

General Assembly:

 Is composed of delegates appointed by the governments of Member Countries.

 The supreme governing body

 It meets once a year and takes all the major decisions

 affecting general policy,

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
  The resources needed for international co-operation, working methods,
finances and programs of activities.

Executive Committee:

 The Executive Committee is INTERPOL’s select deliberative organ which meets

three times a year, usually in March, July and immediately before the General
Assembly.

Functions:

 Supervise the execution of the decisions of the General Assembly.

 Prepare the agenda for sessions of the General Assembly.

 Submit to the General Assembly any programs of work or project which it

considers useful.

 Supervise the administration and work of the Secretary General.

Interpol Four CORE Functions:

 Global Police Communication Services - INTERPOL’s global police

communications system, known as I-24/7, enables police in all member countries
to request, submit and access vital data instantly in a secure environment.

 Operational data services and databases for police - Member countries have
direct and immediate access to a wide range of databases including information
on known criminals, fingerprints, DNA profiles and stolen or lost travel
documents. INTERPOL also disseminates critical crime-related data through
a system of international notices.

 Operational Police Support Services - INTERPOL provides law enforcement

officials in the field with emergency support and operational activities, especially
in its priority crime areas. A Command and Co-ordination Centre operates 24
hours a day, seven days a week and can deploy an Incident Response Team to the
scene of a serious crime or disaster.

 Standard Police Training and Development - INTERPOL provides focused

police training initiatives with the aim of enhancing the capacity of member
countries to effectively combat transnational crime and terrorism. This includes

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
 sharing knowledge, skills and best practices in policing and establishing global
standards.

Notices:

 An Interpol notice or international notice is issued by Interpol to share

information between its members. There are seven types, color-coded by their
function: red, blue, green, yellow, black, orange, and purple.

Types of Notice:

1. Red Notice - To seek the location and arrest of wanted persons with a view to
extradition or similar lawful action.
2. Yellow Notice - To help locate missing persons, often minors, or to help identify
persons who are unable to identify themselves.
3. Blue Notice - To collect additional information about a person’s identity, location or
activities in relation to a crime.
4. Black Notice - To seek information on unidentified bodies.
5. Green Notice - To provide warnings and intelligence about persons who have
committed criminal offences and are likely to repeat these crimes in other countries.
6. Orange Notice - To warn of an event, a person, an object or a process
representing a serious and imminent threat to public safety.
7. Purple Orange - To seek or provide information on modus operandi, objects, devices
and concealment methods used by criminals.
8. INTERPOL–United Nations Security Council Special Notice - Issued for
groups and individuals who are the targets of UN Security Council Sanctions
Committees.

Non-member countries:

• Federated States of Micronesia

• Kiribati
• North Korea
• Palau
• Solomon Islands
• Tuvalu
• Vanuatu

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
ASEANAPOL (ASSOCIATION OF SOUTHEAST

ASIAN NATIONS CHIEFS OF

NATIONAL POLICE):

 Located at Level 1, Tower 2

Royal Malaysia Police Headquarters,
Bukit Aman,
50560 Kuala Lumpur Malaysia.

Members:

• Brunei, Cambodia,
• Indonesia, Laos,
• Malaysia, Myanmar,
• Philippines, Singapore,
• Thailand and Vietnam

Objectives:

 Ensure the effective implementation of all resolutions adopted at the

ASEANAPOL Conferences;

 Serve as a coordination and communication mechanism to allow members to

establish and to maintain all channels of interaction among its members;

 Foster mutual assistance and cooperation among members; and

 Endeavour to increase regional cooperation efforts against transnational crime.

Functions:

 Facilitate and coordinate cross-border cooperation on intelligence and information

sharing and exchange;

 Facilitate and coordinate joint operations and activities involving criminal

investigations, the building and maintenance of the ASEANAPOL database,
training, capacity building, the development of scientific investigative tools,
technical support and forensic science;

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
“ASEAN Plan of Action to Combat Transnational Crime”

Objective:

 Is to encourage ASEAN Member Countries to expand their efforts in

combating transnational crime at the national and bilateral levels to the
regional level.

Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.

As arranged by: Mr. Junaid H. Hadji Salic
Compilation Notes of Mr. ABRAHAM E. MORONG JR., LLB, MSCRIM.
As arranged by: Mr. Junaid H. Hadji Salic