SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
D.) TRANSNATIONAL CRIMES
NATIONAL CRIME – criminals are based and operate in one country.
INTERNATIONAL CRIME – criminals are based in one country and operate in another
against a third party/cross borders between countries.
TRANSNATIONAL CRIME – these are crimes that take place across national borders.
Criminals are based in one country and operate in another.
The word “transnational” describes crimes that are not only international, but are crimes that
by their nature involve border crossing as an essential part of the criminal activity. It also
includes crimes that take place in one country, but their consequences significantly affect another
country.
TRANSNATIONAL ORGANIZED CRIME (TOC)– refers specifically to transnational
crime carried out by organized crime organizations.
It involves the planning and execution of illicit business ventures by groups or networks
of individuals working in more than one country or it involves border crossing as an essential part
of the criminal activity using violence and corruption to achieve their goals.
Transnational crimes ring activities that weaken economies and financial systems and
undermine democracy. These networks often prey on governments that are not powerful enough
to oppose them, prospering illegal activities that bring them immense profits.
EXAMPLES OF TRANSNATIONAL CRIMES:
• Terrorism – the use of violence or threats to intimidate or coerce, or the state of fear
especially for political purposes.
• Human Trafficking – illegal trade of human beings for the purpose of commercial
sexual exploitation or forced labor.
• Money laundering – creating the appearance of large amount of money obtained
from serious crimes originated from a legitimate source.
• Drug Trafficking – selling dangerous drugs and its paraphernalia.
• Cybercrimes - the type of illegal activity that make use of internet, a private or public
network, or an in-house computer system.
CRIMES THAT ARE CONSIDERED AS TRANSNATIONAL:
A. TERRORISM – refers to planned or completed violence intended to cause civilians casualties
or degradation of the facilities of the civilian society, committed to create an atmosphere of
fear in order to obtain political objective.
It is the systematic use of terror especially as a means of coercion. Common
definitions of terrorism refer only to those violent acts which are intended to create fear
(terror), are perpetrated for an ideological goal, and deliberately target or disregard the safety
of non-combatants (civilians).
23
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
“Terror” comes from a Latin terrere meaning “to frighten”. The terror cimbricus was
a panic and state of emergency in Rome in response to the approach of warriors of the Cimbri
tribe in 105 BC. The Jacobins cited this precedent when imposing a Reign of Terror during
the French Revolution. After the Jacobins lost power, the word “terrorist” became a term of
abuse. Although the Reign of Terror was imposed by a government, in modern times
“terrorism” usually refers to the killing of innocent people by a private group in such a way as
to create a media spectacle.
Common Elements:
1.) The use of, or threat to use, violence.
2.) The goal is to attain political objective
3.) The usual targets are civilians.
The Morality of Terrorists Violence:
1.) “One persons’ terrorist is another persons’ freedom fighter”
2.) “One man wiling to throw away his life is enough to terrorize a thousand”
3.) “Extremism in defense of liberty is novice”
Extremism – belief in or support of ideas that are very far from what
most people consider correct or reasonable.
4.) “It became necessary to destroy the town to save it”
Important Laws against Terrorism in the PHILIPPINES:
1.) R.A. 9372 – “Human Security Act of 2007”
2.) R.A. 10168 – “The Terrorism Financing Prevention and Suppression Act
of 2012”
B. HUMAN TRAFFICKING – is the illegal trade in human beings for the purpose of
commercial sexual exploitation or forced labor, a modern-day form of slavery. It is the fastest
growing criminal industry in the world, tied with the illegal arms industry as the second largest,
after the drug trade.
Human Trafficking can be committed by recruitment, transportation, transfer,
harboring or receipt of persons, by means of the threat or use of force or other forms or
coercion, of abduction, of fraud, or deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent of
the person having control over another person, for the purpose of exploitation.
On a global scale, the victims of human trafficking are used in a variety of situations,
including: forced labor (bonded labor or debt bondage), child labor (for purposes which
include labor, military, adoptions, and commercialized sexual exploitation, and other forms of
involuntary servitude.
24
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
• Difference of Human Trafficking and People/Human Smuggling:
In People/Human Smuggling, the people voluntarily request or hire an
individual, known as smuggler, to covertly transport them from one location to
another. This generally involves transportation from one country to another, where
legal entry would be denied upon arrival at the international border. There may be no
deception involved in the (illegal) agreement. After entry into the country and arrival
at their ultimate destination, the smuggled person is usually free to find their own way.
But for victims of Human Trafficking, they are not permitted to leave upon arrival at
their destination. They are held against their will through acts of coercion and force
to work or provide services to the trafficker or others.
While smuggling requires travel, trafficking does not (but must entail the
exploitation of the person for labor or commercial sex). Much of the confusion rests
with the term itself, because the word “trafficking” includes the word “traffic” which
we often equate with transportation or travel.
• Various Conceptions of Trafficking:
1. Slavery – human trafficking as a contemporary form of slavery is marked out by
legal ownership of one human being by another or long-term enslavement, but by
temporary ownership, debt bondage, forced labor and hyper-exploitive contractual
arrangement in the global economy:
Main forms of slavery:
a.) Bonded labor system and force labor in sweatshops, private households,
and on farms not only in poorer regions such as South Asia but also in
Western Europe and the USA.
b.) Exploitation of children as laborers in cottage industries or quarries in
the Indian subcontinent, as camel jockup in Gulf States or as soldiers in
Africa.
c.) Servile marriage in South Asia and Muslim societies.
2. Prostitution – trafficked women for commercial exploitation traced back about
the “white slave” trade of women and young girls into prostitution at the end of
the 19th century.
3. Organized Crime – the trafficking as transnational organized crime approach has
been premised on two contrasting view of the relationship between the state and
the trafficking problem
4. Migration – forced migratory movements in various regions, which in turn have
been spurred on by economic crisis, lack of sustainable livelihoods, political
conflict, civil war, ethnic persecution, social inequalities, gender-based
macroeconomics policies and wider processes of global social transformation.
25
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
For many trapped in dire poverty, displaced by political turmoil, and
turned away by increasingly restrictive immigration and asylum policies termed as
broad zone of exclusion, migration through irregular channels of smuggling
trafficking has become their only means of escape. The desire to escape from
chronic economics and social crisis makes many of the women highly
vulnerable to trafficking harm.
5. Human Rights – trafficking have been seen as a violation of basic human rights
of a person under the 1984 Declaration of Human Rights, including: the right to
be free from slavery and servitude; right to freedom of movement; right to life,
liberty and security; right to health; and right to free choice of employment.
• The Route of the Traffickers:
With globalization, trafficked people are often found far from their countries
of origin.
Traffickers are the logistic specialist who can move the individuals across vast
distances. Often the route is not the most direct because the traffickers knowingly
avoid police roads; border checkpoints and jurisdictions where there is efficient
capacity to successfully avoid these obstacles to successful transit.
The recent UN study on global patterns of organized crime shows that almost
all countries are involved in human trafficking as source, transit, and destination
countries. Trafficking is also highly pronounced in countries with significant domestic
organized crime problems, such as Nigeria and others.
• Stages of Moving Migrants Illegally (Trafficking and Smuggling):
1. Recruitment – Initial victimization of the trafficked person is usually by a member
of the ethnic group. There are many reasons that recruitment occurs within one’s
own group. Proximity and access are important. Equally important is trust.
Trust is important because people often contract with traffickers and
smugglers to move them to a particular locale, to pay a certain amount of money
or to keep them in bondage for a particular period. Trust is more easily established
with someone from one’s ethnic, language, or cultural group.
2. Transfer – Tourist and student visas may be used to enable entry. Illegal entry
can also be done which may mean extraordinary uncomfortable and dangerous
journeys by road, sea, and air, either crossing boarders without anyone’s knowledge
or with the help of corrupt officials.
3. Entrance –
26
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
• Methods of Smuggling and Trafficking:
1. Amateur Traffickers – who are those that specialize in occasional, sometimes
one-off jobs in helping people cross borders and possibly find work.
2. Small groups of organized criminals – who specializes in leading people from
one country to other using recognized routes.
3. International trafficking networks – who provide a broad range of services
including fake documents, accommodations, employments, etc.
• Factors that Help Account for Migrant Smuggling in the Modern World:
1. “Push” or “Supply” factors – those factors which reate a sizeable population of
people looking to leave their own country and seek better circumstances elsewhere.
The existence of large number of impoverished and vulnerable people;
political instability and civil wars; the existence of weak states; religious and ethnic
conflicts as extreme as genocide in some cases; and natural disasters.
2. “Pull” factors – which make foreign destinations attractive to migrants.
Availability of relatively well-paid work, welfare system; relative wealth and
stable economies; and political stability and security.
3. “Demand” factors – which underpin illegal trades.
Demand for cheap and vulnerable labor, and demand for embodied labor
service – people at a particular age, ethnic origin, in relation to their suitability for
domestic labor; or more usually, involvement of different aspects of the sex trade.
• Important Laws against Human Trafficking in the PHILIPPINES:
1. R.A. 9208 – Anti-Human Trafficking in Persons Act of 2003.
2. R.A. 10364 – Expanded Anti-Trafficking in Persons Act of 2012.
3. R.A. 7170 – Organ Donation Act.
C. DRUG TRAFFICKING – generally refers to the sale and distribution of illegal drugs. The
illegal drug trade is a global black market in the cultivation, manufacture, distribution and sale
of those substances which are subject to drug prohibition laws.
Most jurisdictions prohibit trade, except under license, of many types of drugs by drug
prohibition laws.
Historically, illegal drug use has always crossed class boundaries. During the early
years of the twentieth century and into the 1920s, drug users included medical
professionals who had abused their access to opiates and other drugs; therapeutic
addicts of different class background who has become dependent during the course of pain-
killing treatment with opiate-type drugs; and working class users of opiate-based patent
medicines.
27
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
• Different Types of Traffickers:
1. Trading Charities – enterprise involving an ideological commitment to drugs
with profit as secondary motive.
2. Mutual Societies – involve friendship networks of user dealers who support each
other and sell or exchange drugs among themselves.
3. Sideliners – licit business enterprise that begins to trade drugs as sideline.
4. Criminal Diversifiers – are existing criminal enterprises that diversify into drugs.
5. Opportunistic Irregulars – those who get involved in activities in the irregular
economy, including drugs.
6. Retail specialist – enterprises with a manager who employs others to distribute
drugs to users.
7. State Sponsored Traders – enterprises that operate as informers and that
continue to trade.
• Important Law against Illegal Drug Activities in the PHILIPPINES:
R.A. 9165 – The Comprehensive Dangerous Drugs Act of 2002.
D. MONEY LAUNDERING – in the past, the term money laundering was applied only to
financial transactions related to organized crime. Today its definition is often expanded by
government and international regulators such as the US Office of the Comptroller of the
Currency to mean any financial transaction which generates an asset or a value as the
result of an illegal act, which may involve actions such as tax evasion or false accounting.
Money Laundering is the process whereby proceeds, reasonably believed to have been delivered from
criminal activity, are transported, transferred, transformed, converted, or intermingled with legitimate funds, for
the purpose of concealing or disguising the true source, disposition, movement or ownership
of those proceeds.
Three (3) Basic Steps to Change Illicit Funds to Legitimate Funds:
1. PLACEMENT – involves a changing the bulk cash derived from criminal
activities into a more portable and less suspicious form, then getting those
proceeds into the mainstream financial system.
2. LAYERING – involves the wire transfer or movement of the funds, often mixed
with funds of legitimate origins, through the world’s financial or banking system
in numerous accounts in an attempt to hide the fund’s true origin and get it back
into the mainstream economy, where they can be invested and spent freely.
3. INTEGRATION – is the process of reintroducing these layered funds back into
the mainstream economy, where they can be invested and spent freely.
28
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
Front Companies are Effective Tools for Money Laundering for Two Reasons:
1. They do not necessarily require complicity of their financial institution any non-
bank financial institution in order to operate.
2. They are difficult to detect if they are also conducting legitimate business,
particularly businesses exempt from currency transaction reports (CTR) by banks
because of the large volume of cash transactions. Exempt business includes liquor
stores, race tracks, restaurants and approximate 75% other businesses that banks
can unilaterally exempt from (CTR) reporting requirements.
Business Commonly Used as Front Companies:
1. Jewel Stores
2. Money-service Businesses
3. Travel Agencies
4. Important/export companies
5. The use of shell or nominee corporations
6. Bank Drafts
7. Counter-balancing loan schemes
8. Dollar Discounting
9. Mirror-Image Trading
10. Reverse Flips
11. Inflated Price
12. The Columbian black-market peso exchange
Important Laws against Money Laundering in the PHILIPPINES:
1. R.A. 9160 – Anti-Money Laundering Act of 2001.
2. R.A. 1405 – Bank Secrecy Act (approved on Sept. 9, 1955)
E. CYBERCRIME – is one of the terms used to denote the use of computer technology to
engage in unlawful activity.
It refers to all the activities done with criminal intent in cyberspace.
Cybercrime is unbounded crime; the victim and perpetrator can be in different cities,
in different states or in different countries. All perpetrator needs is a compute linked to the
internet.
COMPUTER CRIME – refers to any crime that involves a computer and a network, where
the computers may or may not have played an instrumental part in the commission of the
crime (Moore 2000).
SPAM – or the unsolicited sending of bulk email for commercial purposes, is unlawful to
varying degrees. As applied to email, specific anti-spam laws are relatively new, however limits
on unsolicited electronic communications have existed in some forms for some time.
FRAUD – computer fraud is any dishonest misrepresentation of fact intended to let another
to do or refrain from doing something which causes loss.
29
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
CYBERTERRORISM – in general, can be defined as an act of terrorism committed through
the use of cyberspace or computer resources. As such, a simple propaganda in the Internet,
that there will be bomb attacks during the holidays can be considered cyberterrorism. At
worst, cyberterrorists may use the Internet or computer resources to carry out an actual attack.
CYBERTERRORIST – is someone who intimidates or coerces a government or
organization to advance his or her political or social objectives by launching computer-based
attack against computers, network, and the information stored on them.
Four (4) Categories of Computer Crimes:
1. The Computer as the Target – the attack seeks to deny the legitimate users or
owners of the system access to their data or computers.
Examples:
- Malware (malicious code)
- Denial-of-Service attack (DOS)
- Computer viruses
2. The Computer as an Instrument of the Crime – the computer is used to gain
some other criminal objective. For example, a thief may use a computer to steal
personal information.
Examples:
- Cyber Stalking
- Fraud and Identity Theft
- Phishing scams
- Information warfare
3. The Computer is Incidental to a Crime – the computer is not the primary
instrument of the crime, it simply facilitates it. Money laundering and the trading of
child pornography would be example of this category.
4. Crimes associated with the prevalence of computers – this includes crime
against industry, such as intellectual property theft and software piracy.
Legal Categories of Cybercrime:
1. Cyber-trespass – crossing boundaries into peoples’ property and/or causing damage,
e.g. hacking, defacement, viruses.
HACKING – is gaining unauthorized access to computer system, and such,
is conceptually analogous to real world trespassing.
2. Cyber-deceptions and theft – stealing (money or property) e.g. credit card fraud,
intellectual property violations (piracy).
30
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
3. Cyber-pornography – activities that breach laws on obscenity.
CYBER/INTERNET PORNOGRAPHY – is the trafficking, distribution,
posting and dissemination of obscene material, indecent exposures’, and live
streaming videos aired through the internet under a certain fee. It includes
children’s nude pictures and child sex slavery posted into the internet.
4. Cyber-violence – doing psychological harm to, or inciting physical harm against
others, thereby breaching laws pertaining to the protection of the person, e.g. hate
speech stalking.
CRACKING – which consist of gaining unauthorized access to computer
system for the purpose of committing a crime “inside” the system, is
conceptually analogous to burglary.
CYBER STALKING – unwanted, threatening, or offensive e-mail or other personal
communication over the computer that persists in spite of requests by the victim that it be
stopped. It can also include behavior that is aimed at a particular person, but not sent directly
to that person. It is analogous to traditional forms of stalking.
It simply utilizes a high-tech modus operandi to attain its aims. In addition, the stalker
can frequently trace the victim’s phone number and address, and cyber stalking frequently
accompanies traditional stalking behaviors such as threatening phone calls, vandalism of
property, threatening mail and physical attacks.
Types of Cyber Stalking:
1. E-mail Stalking – this is an electronic postal service that allows individuals to send
and receive messages or information in a matter of second. In general, e-mail is an
unsecure method for transmitting information or messages. Everyone who receives
an email from a person has access to that person’s email address.
2. Chat Stalking – a chat room is a connection provided by online services and available
on the internet that allows people to communicate in real time via computer text and
modem. Cyber stalkers can use that chat room to slander and endanger the victims.
3. Computer Stalking – with computer stalking, the cyber stalker exploits the internet
and the windows operating system in order to assume control over the computer of
the targeted victim.
Important Laws against Cybercrime in the PHILIPPINES, and other related
law/s:
1. R.A. 8792 – Electronic commerce Act.
2. R.A. 10175 – Cybercrime Prevention Act of 2012.
31
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
F. PORNOGRAPHY – Is the trafficking, distribution, posting and dissemination of obscene
material including children’s nude pictures, indecent exposures, and child sex slavery.
Internet Pornography – is the trafficking, distribution, posting and dissemination of obscene
materials using the internet including live streaming videos aired through the interned under a
certain fee.
• Different Kinds of Child Pornography:
1. Indicative – non-erotic and non-sexualized pictures showing children in their
underwear, swimming costumes etc., from their commercial sources or family
albums; pictures of children in their normal settings, in which the content or
organization of pictures by the collector indicates appropriateness.
2. Nudist – pictures of naked or semi-naked children in appropriate nudist setting and
from legitimate sources.
3. Erotica – surreptitiously taken photograph of children in play areas or other safe
environments showing either underwear or varying degrees of nakedness.
4. Posing – deliberately posed pictures of children fully, partially clothed or naked
(where the amount contest and organization suggest sexual interest).
5. Erotic Posing – deliberately posed pictures of fully, partially naked children in
sexualized or provocative poses.
6. Explicit Erotic Posing – emphasizing genital areas where the child is either naked,
partially or fully clothed.
7. Explicit Sexual Activity – involves touching, mutual and self-masturbation, oral
sex and intercourse by child not involving adult.
8. Assault – pictures of children being subject to sexual assault, involving touching by
adults.
9. Gross Assault – grossly obscene pictures of sexual assault involving penertrated
sex, masturbation, or oral sex involving adult.
10. Sadistic – pictures showing a child being tied, bound, beaten, whipped or otherwise
subject to something that implies pain.
Important Laws against Cybercrime in the PHILIPPINES, and other related
law/s:
1. R.A. 9775 – Anti-Child Pornography Act of 2009.
G. OTHER FORMS OF TRANSNATIONAL CRIMES
1. Bio-Piracy – as a transnational crime, is the act of foreign group or entity of acquiring,
without permit, biologic or generic resources of a country and transforms it intoa product
that has a commercial value but without publicly acknowledging and sharing such product
with the country where the raw materials originated.
32
Saint Mary’s University – Bayombong, Nueva Vizcaya
SAINT MARY’S UNIVERSITY
BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES
SCHOOL OF TEACHER EDUCATION AND HUMANITIES
Department of Criminal Justice Education
2. Piracy of Intellectual Property Rights
R.A. 8293 – Intellectual Property Code of the PHILIPPINES (June 6, 1997)
3. Piracy in the High Seas
4. And others
33
Saint Mary’s University – Bayombong, Nueva Vizcaya