打击有组织犯罪中的国际合作
International Cooperation in Controlling Organized Crime
任筱锋
【全文】
Ⅰ.Introduction
The group consisted of lawyers，sociologists and psychologists working in different departments as follows；three are public or state prosecutors，one senior police officer，a lecturer in International Law，a senior immigration officer and a senior psychologist in the Juvenile Classification Home．
Although members of the group work in different departments，they are directly revolved in the administration of criminal justice．This report therefore is a result of the group discussion based on the knowledge drawn from the national standpoint and experience of each member under the supervision and wisdom of the advisors．
Before discussing the modalities of international cooperation in controlling organized crime，the group first observed that organized criminal activities are increasing in complex forms and widening dimensions．With the advancement in technology and communication in the world today，the mobility of criminals has also increased due to fast travel facilities．A criminal can easily commit crime in one country and avoid arrest or prosecution by fleeing into another country．
With these developments，organized crime now is a major problem of national and international dimensions with devastating effects which extend beyond national frontiers．It hampers the economic，political，social and cultural developments in different countries and threatens the fundamental freedoms and peace，stability and security of the people in their respective countries．
In some countries organized crime like drug trafficking，has spoiled national economies，thus undermining national development projects．Vast sums of money derived from such illegal activities are “laundered” through foreign transactions．
When countermeasures are taken, organized criminals retaliate with violence against state power thus breeding other criminal activities like terrorism．Illegal sale or possession of firearms，etc．Linked to cultural subversion，is theft of works of art and articles as has been indicated by Indonesia．This also subverts the cultural heritage of nations．
The group further observed that，although many different organized crimes are committed in different parts of the world， the most serious which extend their reach far beyond national frontiers are crimes such as drug trafficking, money laundering，terrorism，trafficking in human beings，forgery(mainly of travel documents)，hijacking，kidnapping，taking of hostages，etc．
While the nature of these crimes vary, there are features which are common to all of them．Some of the most common features are：
(1)Organized crimes are committed in groups by skilled criminals who have distinct criminal careers．
(2)The commission of crime is planned sometimes on a long-term basis coupled with task sharing(criminal racket)．
(3)Organized criminals use modern infrastructured means(great mobility)．
(4)One organized crime may breed some other crimes e．g．corruption，forgery，etc．
(5)Organized criminals constitute society based on common interest with their own subculture，wanting to gain high economic profit．
(6)Sometimes violence，threat is used to keep social visibility down and as a means of control and protection of members of the group．
The above features differ from those obtaining in simple organized crimes committed in some developing countries where you find mutual interest groups which cooperate on a case to case basis without a permanent feeling of belonging to the group．There is no long-term planning but the group meets only to provide logistics and technical know-how in the commission of the intended crime．
The marked increase of organized criminality in many states，has stimulated public and professional concern about the courses of action to be taken in order to deal effectively with cross-border organized crime．Members of the group expressed that in such a situation，only a collective response among states is the answer to the problem and this can only be achieved by mutual assistance through international cooperation．
This being the situation，members of group 4 had ample time to discuss the efforts taken at national，regional and international levels through treaties and conventions，all of which are aimed at attaining international cooperation to combat organized crime．
Ⅱ．Modalities of Co-operation
(1)Extradition of Fugitive Offenders
As the mobility of criminals is increasing，enabling them to cross international borders with ease and escape punishment．The United Nations，in its effort to combat organized crime has adopted various kinds of model treaties，the latest one in 1990 which would help member states to attain international cooperation through extraditions．Extradition, as ordinarily defined, “is the formal surrender of a fugitive criminal by one state in which the criminal has sought refuge to another state where the offence was committed so as to undergo prosecution or punishment．”
These model treaties have exhaustively dealt with the obligation of requested states to extradite or prosecute fugitive offenders who have committed extraditable offences． Aspects of judicial determination and grounds for denial of extradition such as political offences，rules of double criminality and speciality are among the exception as embodied in the model treaties．
However members of the group expressed that their countries have extradition legislations which call for agreements to be made with other foreign states with respect to the surrender of fugitive criminals．Many have already made treaties with other countries on reciprocal agreements and have embodied principles of double criminality，speciality，political offences，etc．Tanzania for example has extradition treaties with Zambia，Kenya，Uganda and Australia．Draft proposals are underway to finalize agreements with Malawi，Angola，Mozambique，Botswana and Zimbabwe．
