general crime - Akadémia Policajného zboru v Bratislave

Transcription

GENERAL CRIME
MONIKA HULLOVÁ et al.
BRATISLAVA
2015
Preface
TITLE: GENERAL CRIME
CHAPTER AUTHORS:
CHAPTER I: JUDr. Monika HULLOVÁ, PhD., Mgr. Mária FERENČÍKOVÁ
CHAPTER II: JUDr. Monika HULLOVÁ, PhD., Mgr. Mária FERENČÍKOVÁ
CHAPTER III: JUDr. Monika HULLOVÁ, PhD.
CHAPTER VI: JUDr. Monika HULLOVÁ, PhD.
CHAPTER V: JUDr. Jaroslav RAPČAN, PhD.
CHAPTER VI: JUDr. Michal MARKO, PhD.
CHAPTER VII: JUDr. Monika HULLOVÁ, PhD.
CHAPTER VIII: JUDr. Monika HULLOVÁ, PhD., JUDr. Jaroslav RAPČAN, PhD.
REVIEWERS:
doc. PhDr.Marian BRZYBOHATÝ, PhD.
JUDr. Veronika VOJČÍKOVÁ, PhD.
JUDr. Mgr. Tomáš JAKABOVIČ
ISBN 978 - 80 - 8054 - 654 - 0
EAN 9788080546540
2
Preface
CONTENT
Preface ..................................................................................................................................................... 5
Introduction to General Crime ................................................................................................................. 7
1
OPERATIVE SEARCH ACTIVITY ......................................................................................................... 9
1.1
History of Operative Search Activity ..................................................................................... 10
1.2
Definition of Operative Search Activity ................................................................................. 24
1.3
The Processes in Operative Search Activity .......................................................................... 44
Conclusion and Final Remarks on Chapter 1 ..................................................................................... 56
Bibliography....................................................................................................................................... 57
2
GENERAL CRIME ............................................................................................................................ 59
2.1
Phenomenology..................................................................................................................... 60
2.2
Methodology of Crime Detection and Investigation ............................................................. 68
Conclusion and Final Remarks on Chapter 2 ..................................................................................... 86
Bibliography....................................................................................................................................... 87
3
CRIMES AGAINST MORALITY ......................................................................................................... 88
3.1
Phenomenology..................................................................................................................... 89
3.2
Methodology of Crime Detection and Investigation ............................................................. 96
Conclusion and Final Remarks on Chapter 3 ................................................................................... 105
Bibliography..................................................................................................................................... 107
4
VIOLENT CRIME ........................................................................................................................... 108
4.1
Phenomenology................................................................................................................... 109
4.2
Methodology of Crime Detection and Investigation ........................................................... 116
Bibliography..................................................................................................................................... 123
5
PROPERTY CRIME ........................................................................................................................ 124
5.1
Phenomenology................................................................................................................... 125
5.2 Methodology of Crime Detection and Investigation ................................................................. 137
Bibliography..................................................................................................................................... 145
6
DRUG-RELATED CRIME ................................................................................................................ 146
6.1
Phenomenology................................................................................................................... 147
6.2
Methodology of Crime Detection and Investigation ........................................................... 166
3
Preface
Bibliography..................................................................................................................................... 171
7 YOUTH-RELATED CRIME ................................................................................................................... 173
7.1 Phenomenology......................................................................................................................... 174
Bibliography..................................................................................................................................... 201
8 EXTREMISM ...................................................................................................................................... 202
8.1 Phenomenology......................................................................................................................... 203
Bibliography..................................................................................................................................... 217
Final Conclusion ................................................................................................................................... 218
4
Preface
Preface
“General Crime”, as a standard educational text (a monograph), has been created for
all European students participating in the Erasmus+ student exchange programme. The
Academy of the Police Force in Bratislava, like many other institutions, universities,
polytechnics and university colleges, also participates in the programme. The Criminal Police
Department of the Academy of the Police Force has decided to contribute to the social and
personal integration of international students by producing this textbook, also with regard to
the fact that the department is responsible for the training and education in the following
areas:
 Theory of operative search activity,
 Operative activity and criminal intelligence,
 Operative systems and processes,
 Operative and intelligence networking,
 Detection of general crime, economic crime and other types of crime (such as
environmental crime, drug-related crime, computer crime, organized crime,
terrorism, corruption).
However, it is not possible to deal with each of the relatively complex fields
mentioned above in a monograph of this format. Based on our teaching experience we have
decided to focus our attention on the detection and clarification of general crime. It is a very
broad issue, and we believe that the students will find the subject interesting and attractive.
Another reason for writing this monograph was to provide adequate study literature
for our international students and allow us to present our knowledge in its whole complexity.
Based on our knowledge (supported by the latest researches conducted by the
scientific police community and by statistical data) we have decided to divide the monograph
into 8 chapters. The first chapter plays a key role, as it provides the background and
theoretical basis for the subsequent chapters. Operative search activity undoubtedly occurs
in most crime detection activities of the criminal police all over the world, although the legal
basis, theoretical and practical issues (methods) may vary.
We are aware of the fact that this monograph offers certain open space for discussion
and we sincerely hope that the discussion will ensue after its publishing.
5
Preface
Finally, I would like to express my thanks to the members of the professional team of
the Criminal Police Department and the Foreign Languages Department, especially to prof.
Ing. Miroslav Lisoň, PhD., Mgr. Mária Ferenčíková, JUDr. Michal Marko, PhD., and JUDr.
Jaroslav Rapčan, PhD. This monograph couldn’t have come into existence without their
contribution, critical ideas and suggestions.
Bratislava, 10 July 2015
JUDr. Monika Hullová, PhD.
6
Introduction to General Crime
General crime belongs to the most frequent types of crime that get detected by the
Slovak Police Force (in 2014, it was nearly 60 % of the total crime). In general, this type of
crime threatens or violates such basic human rights and freedoms as the right to life, health,
property, human integrity, or freedom of sexual decision-making, personal freedom and
more. Based on that, it is possible to state that general crime includes four basic categories
of crime, i.e. crime against morality, property crime, violent crime and other types of general
crime (e.g. extremism, drug-related crimes, juvenile crimes, disorderly conduct, arson, etc.).
For the beginning, it is important to answer some questions: “Why are these types of
crime of general nature, or why can these types of crimes be termed as general crime?” The
possible explanations are:
 General crime includes the types of crimes where the criminal offender is of general
(universal) nature (according to the Slovak Criminal Code, the offender can be
anyone; it is a “general subject”).
 The object of the body of the offence (an interest protected by the law such as life,
health, property, etc.) is of general nature, too.
 Other obligatory and optional features of the elements of crime (place, time, victim,
etc.) are typically of universal nature, as well.
As a result, the methodology of crime detection and clarification (in a narrow sense
we can use term “investigation”) is based on the same principles. That means that the same
or very similar model of detection and clarification is applicable for multiple types of general
crime. Besides, the police theoreticians and practice experts hold the opinion that the model
of detection and investigation of general crimes may be divided into two fundamental phases
(initial and subsequent phase). Each of these phases involves its own typical procedures,
steps, operations and tasks. A majority of them should be carried out as soon as possible
after the commission or the discovery of a crime; some of them are optional (it is possible to
perform or complete them later). Our previous practical experience proves that this model of
detection and clarification should be respected. However, the most important thing to bear in
mind is that each criminal case is specific and requires an individual approach by the police
7
officers (different tactics, techniques, methodology, participants, and level of cooperation
with other subjects).
Another question is: “Who is responsible for performing this duty?” In the Slovak
Republic it is a duty of the following subjects:
 Criminal police officers of the Criminal Police Bureau at the Presidium of the Police
Force,
 Criminal police officers of the criminal police departments at regional police
headquarters and police districts.
Both categories of subjects are responsible for the detection and operative
investigation of general crimes in a close cooperation with criminal investigators and other
relevant subjects (general public, victims, aggrieved persons, witnesses, informants’ network,
other security forces, close relatives of victims, social workers, paediatricians, teachers, etc.).
Many types of general crime are often discovered and reported by the above
mentioned category of people, but on the other hand, certain crimes (especially latent
crimes) require active approach of the police. It means that they are often not discovered
unless the police take active steps to determine whether they have been committed. In fact,
the quality and quantity of the obtained information and information sources, plays a key
role, and it is absolutely vital that criminal police officers systematically, actively and
determinedly collect and analyse the information.
8
OPERATIVE SEARCH ACTIVITY
1 OPERATIVE SEARCH ACTIVITY
MONIKA HULLOVÁ
MÁRIA FERENČÍKOVÁ
(Illustrative photography)
9
1.1 History of Operative Search Activity
Operative search activity is one of the legal means of defending the state interests, its
territorial integrity, the rights, freedoms and legitimate interests of individuals and legal
entities, as well as all forms of property against criminal attempts. This activity is carried out
both in a public and a secret manner by the operative structures of the state bodies and
based on the following principles:
 Respect for the rules of law,
 Respect for human rights and freedoms,
 Combination of public and secret methods,
 Cooperation with state bodies.
The operative search activity is a special type of police activity, which has its own
history. When we talk about an operative search activity, sometimes (depending on our
professional interests, or professional background - knowledge, experience, role, status etc.)
we have more related activities in mind, such as:
 Operative and offensive work (i.e. a swift action and response to the situation),
 Confidential work (plainclothes police officers, undercover police activities,
etc.),
 Work in a field (surveillance, observation, questioning of people as a method of
informal interrogation, etc.),
 Cooperation with general public, witnesses, victims, network of informants,
agents and undercover agents,
 Work with police and public databases, and information systems (databases of
accused or sentenced persons),
 Search for criminals, missing persons, items that were used in commission of a
crime, e.g. weapons, knives, lock picking tools, or other criminal tools; items
that were obtained in commission of a crime, such as money, jewellery, cars,
valuable items, and more.
In this subchapter we shall focus our attention on several key personalities and
organizations from various parts of the world (mostly from England, France, America and
Central Europe) that shaped the situation in the field of operative search activity.
10
England
The first reference to an operative search activity, which was formally regulated and
had an institutional character, comes from 1749. At that time, the first detective
organization in the world (London's first professional police force) was founded. The name of
this organization was “Bow Street Runners” or the “Bow Street Patrols”, with two brothers John and Henry Fielding as the founders (to be more precise, it was Henry Fielding’s original
idea).
Figure 1
1.
2.
3.
Figure 2
Figure 3
Bow Street Horse Patrol, in 1836
Henry Fielding (1707-1754)
John Fielding (1721-1780)
The force had six members and the main difference between the force and “thieftakers” (men who would solve petty crime for a fee) was that the force was formally
attached to the Bow Street Magistrate's office and paid by them. They used operative
methods and forms of police work. Although they were successful in catching the criminals
across Britain, the experts in the field of police history do not consider this organization as
an ideal model of a criminal police organization.
In 1836 the Bow Street group was absorbed by another very famous police force - the
headquarters of the Metropolitan Police Service - the Scotland Yard (originally named New
Scotland Yard). The Metropolitan Police as an organized police service in London was
formally set up in 1829 by Sir Robert Peel with the help of Eugène François Vidocq. The first
police organization had 1,000 police officers1 and represented a well-developed model of
police (operative) work.
1
Metropolitan police. MPS historical timeline. Available at:
http://content.met.police.uk/Site/historicaltimeline.
11
Figure 4
4.
5.
Figure 5
Sir Robert Peel (1788-1850)
New Scotland Yard
France
In France, one of the most popular and important personalities of the French
criminalistics was Eugène François Vidocq. Historians nicknamed him the “father” of modern
criminology because his approaches were unique and novel at that time. He was also
considered the first private detective. In 1811 he informally organized a plainclothes unit
Brigade de la Sûreté (the official translation into English is “a security brigade”).
In 1813, the brigade changed into the state security police force. Vidocq was a former
criminal and he hired ex-criminals as employees. This idea turned out to be very useful.
Vidocq “persuaded his superiors to allow his agents (who also included women) to wear plain
clothes and disguises depending on the situations. Thus they didn't attract attention, and as
former criminals, also knew the hiding places and methods of criminals. Through their
contacts, they often learned of planned crimes and were able to catch the guilty redhanded.”2
His unit was very successful in the search for criminals thanks to the use of
unconventional methods, and the forms of the police work could be characterized as
operative (fictitious arrests, disguising, false names, operative legends (false identities),
undercover activity or pretending to be someone else, etc.). The Sûreté was dissolved in
1832.
In 1833 he founded “Le Bureau des renseignements” (Office of Information), a
company that was a combination of a detective agency and private police. It is considered to
be the first known detective agency, and as before, he predominantly hired ex-convicts.
Apart from that, Vidocque started to use a simple version of criminal police records in his
2
Wikipedia. Eugène François Vidocq. Available at:
http://en.wikipedia.org/wiki/Eug%C3%A8ne_Fran%C3%A7ois_Vidocq.
12
work (introduced record keeping) as a means of identifying suspects and searching for
criminals. However, it was said that he had a very good memory and he remembered
everybody, he claimed that knowledge of the criminals was a necessary prerequisite for
operative police work. He started a file of index cards for each arrested person with a
personal description, aliases, previous convictions, modus operandi, and other valuable
information. The prototype of work with the cards was enhanced by Alfonse Bertillon who
added the anthropometric system for personal identification - later called “bertillonnage”.
Apart from that, he implemented forensic science into police work, and was the first
person to make plaster-of-Paris casts of foot and shoe impressions. He held patents on
indelible ink and unalterable bond paper. The world remembers him as a master of
surveillance and disguise.3 In 1828 he published a book where he had described his
experiences in fight against crime.
Figure 6
6.
7.
8.
Figure 7
Figure 8
Eugène François Vidocq (1775-1857)
Memoirs of Vidocq, 1828, 5th, new illustrated edition
Vidocq and his men are making an arrest
America
A very famous police organization - the Pinkerton's National Detective Agency
(Pinkertons, or just Pinks) established in 1850 by Allan Pinkerton, existed in America. The
agency, just like SURETE, was very successful, however, it was rumoured that the agency's
prestige had to do with the “French style” nationwide network of informants that frequently
used methods of infiltration into the existing criminal gangs.4 There was a difference
between the French and the English detectives: “French ones were secret and effective and
English ones were visible and ineffective”, so Pinkerton decided to draw inspiration from the
first model.
3
The Vidocq society. La vie de monsieur Vidocq. Available at: http://www.vidocq.org/vidocq.html.
Ward Churchill. The Trajectory of Political Policing in the United States, 1870 to the Present. Available at:
http://web.archive.org/web/20090729182154/http://geocities.com/travbailey/index.html.
4
13
Pinkerton became famous when he claimed to have foiled a plot to assassinate
president elect Abraham Lincoln, who later hired Pinkerton agents for his personal
protection during the Civil War. His pursuit of Jesse James, the Younger, the Dalton gangs
and the Wild Bunch brought visibility to his agency. Pinkerton employed many agents so his
agency was the largest law enforcement organization in the world.5
Pinkerton had “an open eye” in his logo, which symbolized the idea “We never
sleep”… and the criminals had better be careful! Since that time, when we talk about a
private police detective agency, we often use a pejorative expression “a private eye” instead.
Figure 9
Figure 10
9.
10.
11.
12.
Figure 11
Figure 12
Allan Pinkerton (1819-1884)
The logo of „Pinkerton's National Detective Agency“
The authentic ID badge
The authentic wanted posters issued by Pinkerton's National Detective Agency
Although the company has been in operation up to now, with the current name of
the organization being Pinkerton Consulting and Investigation (still known as Pinkerton
Government Services), the position of the organization and its role in society has been
replaced by the Federal Bureau of Investigation (FBI). However, many historians agree that
the Pinkerton's agency influenced the FBI, mainly in the area of identification methods (or
Bertillon system and the fingerprint records, both favoured by Pinkerton.
FBI was created by Attorney General Charles Bonaparte in 1908 during the
presidency of Theodor Roosevelt. It was a force of special agents within the Department of
Justice. Roosevelt and Bonaparte, both “shared the conviction that efficiency and expertise,
not political connection, should determine who could best serve in government.” Therefore,
the forerunners of FBI were former detectives and men of the Secret Service. When the
bureau was established, agents investigated federal crime such as violation of laws involving
5
Pinkerton Consulting & Investigations. History : Pinkerton, the man. Available at:
http://www.securitas.com/pinkerton/en/About-Pinkerton/The-Pinkerton-Detective-Agency-Our-History/.
14
national banking, bankruptcy, immigrant naturalization, antitrust cases, involuntary
servitude, and land fraud.
The structure of the organization was as follows: FBI was divided into field offices
(most of them were in major cities, and several near the Mexican border, where they
concentrated on smuggling, neutrality violations, and intelligence collection, often in
connection with the Mexican revolution). Each field operation was controlled by a special
agent, who was accountable to Washington.6
Figure 13
13.
14.
15.
16.
Figure 14
Figure 15
Figure 16
Charles Joseph Bonaparte (1851-1921)
The Bureau's first home, the building of Department of Justice
The Bureau's first wanted poster
One of the first special agent credentials
Germany
In 1946 in Hamburg the “Criminal Police Office for the British Zone”
(Kriminalpolizeiamt für die Britische Zone) was founded, and in 1951 the “Law on the
Establishment of Criminal Police Office” came into force. From that year, the federal criminal
police office in Germany (the original title is “Bundeskriminalamt”, abbreviated to BKA) dates
its existence. The BKA is subordinated to the Federal Ministry of the Interior. It works on the
basis of clear legal mandates, which is defined in the German Constitution and in the “BKA
Law”. The current headquarters is in Wiesbaden and more than 5,500 employees operate
nationwide (approximately half of them are fully trained criminal police officers).
Figure 17
17. The official logo of the BKA
6
The FBI. A brief history of the FBI. Available at: http://www.fbi.gov/about-us/history/brief-history.
15
Due to the fact that the territory of Germany is divided into 16 federal states, the BKA
was established as a central office for the exchange of police information and
communication. Other tasks and responsibilities of BKA include:
 Providing support to the police forces of the federation and of the states,
 Prevention and prosecution of crimes (mostly internationally significant types of crimes
and particularly serious felonies),
 Coordination of activities (it helps the police forces in Germany to avoid duplication of
efforts),
 Information support (information on criminal offences and criminals is stored in a
central location),
 Tactical support (new crime suppression methods are investigated and developed here)
 Promoting police cooperation in Europe (the BKA acts as the national central office for
EUROPOL, INTERPOL and the Schengen Information System),
 Investigation of outstanding cases of international crime,
 Protection of the members of the constitutional bodies of the Federation. 7
Scheme 1
Management Level:
President
2 Vice-Presidents
Division SG
Division IK
International
Coordination
Division ST
Division SO
State Security
Serious and
Organized
Crime
Protection
Division
Division ZD
Central CID
Services
Division KI
Institute of
Law
Enforcement
Studies and
Training
Division KT
Forensic
Science
Institute
Division IT
Information
Technology
Organization structure of the BKA
7
Bundeskriminalamt. Our Mandate. Available at:
http://www.bka.de/nn_195534/EN/TheBKA/OurMandate/ourMandate__node.html?__nnn=true.
Division ZV
Central and
Administrative
Affaires
16
Austro-Hungarian Monarchy and Slovakia
When discussing the connection between the Austro-Hungarian Monarchy and the
activity of the police, it is necessary to mention the year 1792 which is considered as the
beginning of police absolutism. The dictionary definition of a police state says that a police
state is “a country that maintains repressive control over the people by means of police
(especially secret police)”. Absolutism is defined as “a principle or practice of a political
system in which unrestricted power is vested in a monarch, dictator, etc.”8 In 1792, Francis II
- the last Holy Roman Emperor (1792 - 1835) started to rule. In 1804, he became Francis I the first Emperor of Austria. The next monarchs were Ferdinand I (from 1835 to 1848) and
Francis Joseph I (1848 - 1916). The last reigning monarch of the Austro-Hungarian Monarchy
was Charles I (1916 - 1918). It is important to note that from 1804 to 1867 the Habsburg
Monarchy was formally unified as the Austrian Empire and from 1867 to 1918 as the AustroHungarian Empire.
One of the most important diplomats of that era was Prince Klemens Wenzel von
Metternich who served as the Foreign Minister. The period of 1815 - 1848 is also referred to
as “the Age of Metternich”. He supported the use of “censorship and wide ranging spy
network to dampen down unrest”.9 After the revolutionary movements (1848 - 1849), the
Minister of the Interior Baron Alexander von Bach largely dictated the policy in Austria and
Hungary. On 18th January 1850 he issued the Act on Establishment of Gendarmerie (Part XII),
although the corps had been officially created earlier - 8 June, 1849 by Francis Joseph I.
The first police system consisted of 3 parts: the gendarmerie (1849-1945), the state
police offices (1849 - 1945), and the communal police forces (1918 - 1945). The Gendarmerie
(Slovak expression “žandárstvo”) played key role in the history of the police in the territory
of Slovakia. According to the Internal Regulation No 7/1945 and the Act No 149/1947 on
National Security it changed into “the National Security Corps” (Slovak “Zbor národnej
bezpečnosti”, abbreviated ZNB). The Gendarmerie was responsible for maintaining public
order and fighting against crime. Apart from that, the police constables checked the hunting
and fishing tickets, transports of cattle, caught tobacco smugglers, and guarded the fields.
The main operating area of the Gendarmerie was the countryside, whilst the communal
police forces and state police officers operated in the towns.
8
9
The free dictionary by Farlex. Available at: http://www.thefreedictionary.com/absolutism.
Wikipedia. Klemens von Metternich. Available at: http://en.wikipedia.org/wiki/Clemens_von_Metternich.
17
Figure 18
Figure 19
Figure 20
18. A member of Gendarmerie investigating a burglary
19. The exam of police dogs conducted by the members of Czechoslovak Gendarmerie, on 27 November, 1921
20. The member of Czechoslovak gendarmerie on the horse
The above mentioned “National Security Corps” was created on 30 June, 1945 and
consisted of two separate organizations: Public Security (the ordinary police, abolished in
1991) and State Security (the secret police service, abolished in 1990). In October 1945 the
whole force consisted of 34,396 police officers. The Public Security (in Slovak Verejná
bezpečnosť - VB) was the uniformed force that performed its duties across the whole
territory of Czechoslovakia, and the State Security (in Slovak Štátna bezpečnosť - ŠtB) as the
secret police, was a plainclothes force responsible for intelligence and counterintelligence
activities.
In 1993, after the dissolution of the Czech and Slovak Federal Republic by the
Parliament and the formal separation into two completely independent countries (the Czech
Republic and the Slovak Republic), the “Police Force of the Slovak Republic” (“Policajný zbor
Slovenskej republiky”) was created as a universal security force with the sphere of action in
the whole territory of Slovakia - the national police. The activity of the force is controlled by
the Slovak Parliament and the Slovak Government. When comparing the force to other
police forces in Slovakia, we may add, that the national police is an armed security force the police officers carry guns, handcuffs, batons, protective shields, tear gas and stun guns,
whereas the relevant equipment depends on the situation.
Figure 21
Figure 22
Figure 23
21. The ID badge of the member of the National Security Corps used from 1945
22. The first official police car used by the National Security Corps until the first half of the 70´s
23. The second official police car used by the National Security Corps after the second half of the 70´s
18
According to Act No 171/1993, the main tasks of the Police Force of the Slovak
Republic are:
 Protection of fundamental human rights and freedoms, protection of life,
health, personal freedom, security, and property,
 Crime detection, including revealing and clarifying of misdemeanours,
 Perpetrators identification,
 Detection of tax evasions, unlawful financial operations, money laundering,
and financing of terrorism,
 Crime investigation and summary investigation,
 Fighting against terrorism and organized crime,
 Protection of designated persons and premises (i.e. President of the Slovak
Republic, the building of the Slovak Parliament),
 Border protection,
 Maintaining public order,
 Maintaining safety and fluency of traffic, including rail transport,
 Searching for persons and objects,
 Protection of intimidated or threatened witnesses,
 Forensic and scientific expertise activity,
 Protection of civil aviation,
 Reporting the violation of alcohol regulations by young persons (under the
age of 15 or 18) to municipality.
Apart from that the Police Force of the Slovak Republic carries out the tasks of state
administration in the field of:
 Firearms and ammunition,
 Migration, visa and asylum policy,
 ID cards, travel and vehicle documents,
 Registry of citizens, motor vehicles, trailers, and other vehicles,
 Integrated rescue system,
 Civil protection and fire safety protection.
The Police Force of the Slovak Republic consists of various services and each of them
is in charge of specific tasks. The structure of national police force is as follows:
19
 Service of criminal police,
 Service of financial police,
 Service of public order police,
 Service of traffic police,
 Service of railway police,
 Service of alien police,
 Service of border police,
 Premises protection service,
 Special purpose service,
 Service of protection of designated persons,
 Inspection service,
 Institute of Forensic Science which is also an organizational component of the
Police Force.
Only some of the police services are involved in operative search activities, but more
details about that will be given in the next subchapter.
The Police Force of the Slovak Republic is a part of the Ministry of Interior. It is made
up of the Police Headquarters (the highest level of management which is represented by the
Presidium of the Police Force), eight regional police headquarters (the middle level of
management), 53 district police headquarters (the lowest level of management), several
educational and specialized police institutions such as the Academy of the Police Force, and
the secondary police schools. The Police Force is headed by the Police President, who is
answerable to the Minister of the Interior.
In 2014, the Slovak Republic employed 22,356 police officers. In comparison to other
European countries, the number of police officers relative to the size of the population is
rather high (approximately 450 per 100 thousand inhabitants).
In performing their tasks, the Police Force of the Slovak Republic cooperate with
other state bodies, armed forces (the Army of the Slovak Republic), armed security forces,
the Slovak Intelligence Service, legal entities and citizens, as well as with municipal bodies,
predominantly in crime prevention, protection of public order and fight against crime.
20
Figure 24
Figure 25
Figure 26
24. The official logo of the Police Force of the Slovak Republic in use since 1993
25. Traffic police officers during road check
26. ID badge of the criminal police officers
Scheme 2
PRESIDENT
OF
THE POLICE FORCE
The first Vicepresident
Vice-president
Director of the
President
Chancellery
Secretariat of the
first Vice-President
Secretariat of the
Vice-President
Chancellery of the
President
Management and
Criminal Analysis
Department
Patrol Police
Department
Central Operative
Point
Criminal Police
Bureau
Traffic Police
Department
The Institute of
Forensic Science
Documents and
Records Department
Bureau of Special
Police Activities
Protection of
Premises Department
Division of
Specialized Services
Training Department
Division of Protective
Services
Department of Doghandling and
Mounted Police
Division of Fighting
Against Terrorism
Administration of
Information Systems
Department
Control Division
Bureau of Private
Security Services
Railroad Police
Department
Bureau of Border and
Alien Police
Structure of the Presidium of the Police Force of the Slovak Republic
Specialized Unit
Bureau of
International Police
Cooperation
National Criminal
Agency
21
History of International Police Cooperation
The idea of international cooperation in criminal matters was born in the second half
of the 18th century. The “International Union of Penal Law” (from 1924 called the
“International Association of Penal Law”) was established in 1889. Its main fields of activity
included:
 Criminal policy and the codification of criminal law,
 Comparative criminal law,
 Human rights in the administration of criminal justice,
 International criminal law (and, in particular, international criminal justice). 10
The first International Criminal Police Congress was held in 1914 in Monaco (later
called the 1st congress of INTERPOL). In 1923, the International Criminal Police Commission
(ICPC) was created on the initiative of Dr Johannes Schober in Vienna. It was the first time
when the wanted person’s notices were published in INTERPOL's International Public Safety
Journal.
During the General Assembly held in Berlin in 1926 it was proposed that each country
establishes a central point of contact within its police structure (National Central Bureau NCB). In the years 1938 - 1945, during the World War II, most of the member countries
ceased participating. Later, in 1956 ICPC became “the International Criminal Police
Organization” abbreviated to ICPO-INTERPOL, or simply INTERPOL. In 1989, INTERPOL
moved its General Secretariat to Lyon, France.
Today, INTERPOL has a global membership of 190 countries. Each country maintains a
National Central Bureau (NCB). The global network enables member countries to work
together in cross-border investigations. This nongovernmental organization provides
targeted training, expert investigative support, relevant data, and secure communication
channels. It helps police to understand crime trends, analyse information, conduct
operations, and arrest as many criminals as possible.11
10
11
AIDP. International Association of Penal Law. Available at: http://www.penal.org/.
Interpol. Overview. Available at: http://www.interpol.int/About-INTERPOL/Overview.
22
Figure 27
Figure 28
27. The logo of INTERPOL, in use since 1950
28. The flag of INTERPOL, in use since 1950
DISCUSSION AND COMPREHENSION QUESTIONS FOR SUBCHAPTER 1.1
1.
2.
3.
What was the first detective organization in the world?
How did Eugène François Vidocq contribute to the world's criminalistics and
operative work?
Describe the current role and character of the Slovak national police.
23
1.2 Definition of Operative Search Activity
Criminal Definition
In the police theory we can find a lot of characterisations and representations of
operative search activity. We are not going to analyse all of them due to the insufficiency of
space and time (determined by the nature of this material). We shall focus our attention
only on the one which describes the most important aspects of the activity. Foreign
terminology gives other equivalents to this term, such as operative investigation, preoperative investigation, pre-trial investigation, operative and investigative activity, or
surveillance activity.
Respecting the main aspects of all of the mentioned terms we can define operative
search activity as follows:
Operative search activity




is the specific activity of specific subjects,
which is governed by law and other regulations,
which pursues achieving special goals,
and fulfilling special tasks
From the practical point of view, we will analyse each part of the definition into more
detail:
1. Why is the operative search activity (hereinafter referred to as “OSA”) the specific
activity of specific, determined subjects? There could be many possible answers, but
what needs to be specially emphasised are the following aspects of the activity:
 Use of specific methods (methods of operative search activity),
 Use of specific means (means of operative search activity, information and technical
means),
 Use of specific forms of activity,
 Use of specific finances,
 Respecting the rules based on confidentiality,
 Primarily carried out by special services.
24
These features are characteristic of the operative search activity and distinguish it
from other police activities or other governmental, social and legal processes.
Methods of OSA
Generally, under the term “method” we mean “a way of doing something, especially
a systematic way; implies an orderly logical arrangement (usually in steps).”12
The methods of OSA are specific because they are used by specific subjects
(operative services) and they are focused on specific aims which are defined in Act No
171/1993 on the Police Force of the Slovak Republic. For instance, in certain situations it is
necessary to detect and clarify a latent crime, discover a perpetrator of organized crime,
search for a criminal and an item, protect somebody or something that requires specific,
mostly undercover approach. The methods of OSA are not defined specifically in some
generally applicable acts of the parliament, but only in internal regulations (mainly directives
of the Ministry of the Interior). The key reason is to prevent OSA being performed by
unauthorized persons, especially criminal offenders.
Methods of OSA
 are specific, typically undercover ways of performing OSA;
 are used by special, operative services;
 play a central role in achieving the aims of OSA
On the ground of the internal regulations, the methods of OSA can be divided into
two categories. These categories are separated only relatively. Police practice shows that
operative methods are used spontaneously and many of them are integral and necessary
parts of another method, or methods. The connection among the methods (not only
between two categories but also within one of them) is very strong; we can say that they are
interdependent.
On the other hand, the basic methods are much simpler than other methods;
especially from the organizational and tactical point of view. They are used more frequently
12
Audioenglish.org. Available at: http://www.audioenglish.net/dictionary/method.htm.
25
than the second category of methods, and we can say that they are an obligatory part of
police daily operative routine.
Scheme 3
METHODS OF OSA
BASIC:
OTHERS:
- Personal Search
- Operative Legend
- Operative Questioning
- Operative Combination
- Operative Survey
- Forensic Examination
- Operative Observation
- Undercover Operative
Documentation
- Operative Detection
OSA Structure of Methods
Means Used in OSA
The term “means” has many possible explanations, with regard to our issue it can be
defined as something that is used and helps to achieve the desired end.
The means used in OSA are specific legal instruments which can help to fulfil the aims
of OSA. They can be carried out only in compliance with the law and only when there is no
other way to ensure the fulfilment of the tasks given by the laws. The bodies conducting OSA
are obliged to respect the conspiracy rules. In general, the means used in OSA are divided
into two categories, i.e.:
 Means of OSA,
 Information and technical means (ITM).
26
Scheme 4
Code of Criminal
Procedure
MEANS USED
MEANS OF
OSA
Act on the Police Force
of the SR
IN
Code of Criminal
Procedure
OSA
ITM
Act on Protection of
Privacy against
Unauthorized Use of
ITM
The Structure of Means Used in OSA According to the Legal Framework
Key: OSA - operative search activity, ITM - information and technical means, SR - the Slovak Republic
Means of OSA
The legal basis for the means of OSA has a dual character. It means that they are
defined in two different acts of the parliament. The reason may be quite simple - the
purpose of using the information (obtained according to both acts) can be different.
Chart 1
•MEANS OF OSA: surveillance of persons and things, pretended transfer, controlled
delivery, undercover agent, exchanging the content of the mail posting
Act No. 301/2005 Coll.
Code of Criminal
Procedure (§ 10, art. 21)
•PURPOSE: used in a criminal proceedings; information obtained under this act is
considered as evidence
•MEANS OF OSA: surveillance of persons and things, pretended transfer, controlled
Act No. 171/1993 Coll.
on the Police Force of
the SR (§ 39)
delivery, criminal intelligence, persons acting for the police, objects and places used
under the legend, measures of entrapment and security technical measures,
undercover documents, monitoring of persons and vehicles
•PURPOSE: achieving the goals of OSA
The Characteristics and Classification of Means Used in OSA
Information and Technical Means
Information and technical means include electro-technical, photo-technical, optical,
mechanical, and radio-technical and other means that are used for:
 Interception of telecommunication (wiretapping),
27
 Making of records (phonetic, optical),
 Opening of mail and its examination.
Like the means of OSA mentioned above, the legal basis for information and technical
means has a dual character; too, i.e. they are defined in the Act No. 301/2005 Code of
Criminal Procedure and the Act No. 166/2003 on Protection of Privacy against Unauthorized
Use of Information and Technical Means. The Act No. 171/1993 on the Police Force of the
Slovak Republic contains only a brief reference to the precisely defined purposes of the use
of the Operative Search means.
Operative Services
As mentioned earlier, the operative search activity is conducted by special services (in
other words, not every police officer may use the methods, means and forms of the
operative search activity). For example, the patrol police or the traffic police are not allowed
to conduct operative search activity and use the special methods, forms and means. Their
role in the system of the police activities is different. Among other things, they are visible
and open in their approach to the citizen (e.g. the patrol or traffic police officers wear a
uniform to show their affiliation to the Police Force of the Slovak Republic). Moreover, there
are other operative services each of them playing a different role within the system.
Respecting that, the structure of the system of operative services in Slovakia may be
represented as follows:
Scheme 5
SYSTEM OF OPERATIVE SERVICES IN SLOVAKIA
BASIC
OTHERS
•Service of Criminal Police
•Service of Financial Police
•Service of Protection of Persons and
Premises
•Service of Border and Alien Police
•Inspectional Service
•Slovak Intelligence Service
•Military Intlligence
•Prison and Court Guards
•Customs Authorities
System of Operative Services in the Slovak Republic
28
In addition to that, each service is represented by specific units and each unit plays a
different role in the structure of the Police Force of the Slovak Republic and outside of it. For
example, the most important units of the criminal police are the Criminal Police Bureau and
the National Criminal Agency; both are part of the structure of the Presidium of the Police
Force. These units epitomise the highest level of police management. Besides them, on the
middle level of management, there are criminal police departments at regional headquarters
and criminal police departments at district headquarters (low management). The top level of
criminal police management is displayed in the following schemes:
Scheme 6
Criminal Police Bureau
National Criminal
Agency
Analysis and Management
Department
Department of
Management Support and
International Cooperation
General Crime Department
Financial Intelligence Unit
Economic Crime Department
Operative Employment
Unit
Search, Forensic and
Technical Activities
Department
National Unit of Financial
Police
Extremism and Spectator
Violence Department
National Anticorruption
Unit
Trafficking in Human Beings
Department
National Anticrime Unit
Detection of Dangerous
Materials and Environmental
Crime Department
National Antidrug Unit
Structure of Criminal Police Bureau and National Criminal Agency at the Presidium of the Police Force
Forms of OSA
The methods of OSA, means used in OSA (means of OSA and ITM), and the operative
services are the fundamental components of the OSA system. We can characterize each
system by its structure (components and mutual relations among them) and the system
behaviour (which has an internal and an external form).
29
In fact, each element of the system predominantly answers one question, although it
can also support other aspects (include other possible answers).
Scheme 7
METHODS:
HOW will the activity be performed?
QUESTION MATRIX
MEANS:
WHAT will be used to perform the activity?
SUBJECTS (SERVICES & EMPLOYES):
WHO will perform the activity?
Relation between Questions and Components of OSA
The system of OSA has its own typical features, such as:
 Dynamics (OSA copies an operative situation),
 Hierarchy (forms are derived from previous elements),
 Strength (each element is important, the system cannot exist without some of them),
 Determination by aims and tasks of OSA (each aim and task has an impact on the
character of OSA - using different methods, means and forms; each type of crime
needs an individual approach; each operative service fulfils a different role).
Taking all of the above into consideration, we arrive at the following definition:
Forms of OSA
 present an external demonstration of interaction among the components of the
system,
 it is a possible way of realization of OSA through the use of methods of OSA and the
means used in OSA by operative services
Practitioners (who are responsible for the performance of OSA) use three
fundamental forms of OSA: operative detection, operative checking (examination) and
operative elaboration. Each of the forms is special, the latter being used frequently:
 In the process of detection of organized crime, international organized crime,
 In the process of detection of serious types of crime (long term, repeatedly
committed crime, crime committed in series, etc.),
 When the previous forms are insufficient to detect the crime and the criminal.
30
Confidentiality
The most common method of gathering evidence is the old fashioned way - from
“confidential informants” and “cooperating witnesses”. But sometimes it is not enough,
especially in the cases of organized crime, internationally organized crime and serious types
of crime. High level of organization, sophistication, material and technical equipment,
financial situation, professional preparation, committing and concealing the crime, etc. are
the reasons for using this type of activity. Safeguarding the observance of the rules of
confidentiality in the operative work would not be possible without the use of specific
finances (for example - payment of informants).
1. WHAT FORMS THE LEGAL FRAMEWORK OF THE OPERATIVE SEARCH ACTIVITY?
The Police Force of the Slovak Republic has to respect the Constitution of the Slovak
Republic, the constitutional law, acts of the parliament, and other generally applicable
enactments and international treaties.
The police is a state body and therefore the police can only act in accordance with an
old legal principle “secundum et intra legem” (strictly respect the law) whilst a citizen can do
everything that is not literally prohibited by the law.
The legal basis for the police activity, and it is clear that OSA is a type of police
activity, is a three-tier system:
Scheme 8
A. Public
International Law
B. European Law
C. Internal Law
The Legal Framework of OSA
31
A. Public International Law
In its most general sense, international law "consists of rules and principles of general
application dealing with the conduct of states and of intergovernmental organizations and
with their relations “inter se”, as well as with some of their relations with persons, whether
natural or juridical.”13 Public international law has three principal sources: international
treaties, custom and general principles of law. In the context of OSA we have to stress the
significance of the international agreements (bilateral and multilateral) and conventions.
Bilateral or multilateral agreements and conventions offer the framework between
the parties to mutually provide legal assistance in criminal matters. Mutual legal assistance
covers all aspects of detection, investigation and prosecution of crime, including taking
witness statements, obtaining evidence, searching for people and items, seizing and
confiscation of all proceeds of crime.
The role of the United Nations (hereinafter UN) has the following manifestation
(declarations, conventions and other instruments) in the field of prevention of and fight
against crime:14
UN Declarations:
 Universal Declaration of Human Rights (1948),
 Declaration of the Rights of the Child (1959),
 Declaration on the Elimination of the Discrimination against Women (1967),
 Declaration of the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (1975),
 Declaration on the Control of Drug Trafficking and Drug Abuse (1984),
 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power (1985),
 Declaration on Measures to Eliminate International Terrorism (1994),
 Declaration to Supplement the 1994 Declaration on Measures to Eliminate
International Terrorism (1996),
13
Wikipedia. Public International law. Available at: http://en.wikipedia.org/wiki/Public_international_law.
General Assembly. Declarations and Conventions Contained in GA Resolutions. Available at:
http://www.un.org/documents/instruments/subj_en.asp.
14
32
 Declaration on the Elimination of Violence against Women (1993), Optional Protocol
(1999),
 Declaration on Crime and Public Security (1996),
 Declaration against Corruption and Bribery in International Commercial Transactions
(1996),
 Declaration on the Guiding Principles of Drug Demand Reduction (1998),
 Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first
Century (2000).
UN Conventions and Protocols:
 Protocol Amending Agreements, Conventions and Protocols on Narcotic Drugs
(1946),
 Protocol Bringing under International Control Drugs outside the Scope of the
Convention of 13 July 1931 for Limiting the Manufacture and Regulating the
Distribution of Narcotic Drugs (1948),
 Convention on the Prevention and Punishment of the Crime of Genocide (1948),
 Convention for the Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution and Others (1949),
 Convention on the Prevention and Punishment of the Crime of Genocide (1951),
 Single Convention on Narcotic Drugs (1961),
 Convention on Psychotropic Substances (1971),
 International Convention against the Taking of Hostage (1979),
 Convention on the Elimination of All Forms of Discrimination against Women (1979),
 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
(1988),
 Convention on the Rights of the Child (1989),
 International Convention for the Suppression of Terrorist Bombings (1997),
 International Convention for the Suppression of the Financing of Terrorism (1999),
 Convention on the Rights of the Child: Optional Protocol on the Sale of Children,
Child Prostitution and Child Pornography (2000),
33
 Convention against Transnational Organized Crime: Protocol against the Illicit
Manufacturing of and Trafficking in Firearms, Their Parts and Components and
Ammunition (2001),
 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment: Optional Protocol (2002),
 Convention against Corruption (2003),
 International Convention for the Suppression of Acts of Nuclear Terrorism (2005),
 Convention against Transnational Organized Crime: Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children (2000),
 Convention against Transnational Organized Crime: Protocol against the Smuggling of
Migrants by Land, Sea and Air (2000),
 Optional Protocol to the Convention on the Rights of the Child on a communications
procedure (2011).
Other Instruments of the UN:
 Principles of International Cooperation in the Detection, Arrest, Extradition and
Punishment of Persons Guilty of War Crimes and Crimes against Humanity (1973),
 Code of Conduct for Law Enforcement Officials (1979),
 Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules
- 1985),
 Body of Principles for the Protection of All Persons under any Form of Detention and
Imprisonment (1988),
 Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules - 1990),
 Rules for the Protection of Juveniles Deprived of Their Liberty (1990),
 Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines - 1990),
 Model Treaty on the Transfer of Proceedings in Criminal Matters (1990),
 Model Treaty on Mutual Assistance in Criminal Matters and Optional Protocol
concerning the Proceeds of Crime (1990),
 Model Treaty on Extradition (1990),
 Statement of Principles and Programme of Action of the United Nations Crime
Prevention and Criminal Justice Programme (1991),
 International Code of Conduct for Public Officials (1996),
34
 Model Strategies and Practical Measures on the Elimination of Violence against
Women in the Field of Crime Prevention and Criminal Justice (1997),
 Global Plan of Action to Combat Trafficking in Persons (2010).
B. European Law
European Union law is a body of treaties and legislation which have a direct or
indirect effect on the laws of the European Union member states. The three sources of
European Union law are the primary law (treaties establishing the European Union),
secondary law (regulations, directives, decisions, opinions and recommendations) and
supplementary law. The legislation of the European Union is primarily composed by the
European Parliament and the Council of the European Union and belongs to the secondary
law.
The legal basis for the operative search activity on the regional (European) level has
the following structure:
 Treaties,
 Conventions,
 Resolutions,
 Decisions,
 Recommendations,
 Acts,
 Joint Actions.
Treaty:
 Consolidated version of the Treaty on the Functioning of the European Union, TITLE
V: Area of freedom, security and justice, Chapter 5, Police cooperation, Articles 87,
88, 89 (2010).
Conventions:
 Convention on the establishment of a European Police Office (Europol Convention)
(1995),
 Council of Europe Cybercrime Convention (Budapest Convention on Cybercrime)
(2001),
35
 Council Act drawing up the Convention on the establishment of a European Police
Office (Europol Convention) (1995), a Protocol amending that Convention Declaration (2003),
 Council of Europe Convention on money laundering, search, seizure and confiscation
of the proceeds from crime and on the financing of terrorism (2005 ).
Resolutions:
 Council Resolution concerning a handbook with recommendations for international
police cooperation and measures to prevent and control violence and disturbances in
connection with football matches with an international dimension, in which at least
one Member State is involved (2001),
 Council Resolution on training for drug law enforcement officers (2003),
 Council Resolution on the posting of liaison officers, with particular expertise in drugs
to Albania (2003),
 European Parliament legislative resolution on the proposal for a Council decision
establishing the Specific Programme “Prevention of and Fight against Crime” for the
period 2007-2013, general programme “Security and Safeguarding Liberties” (2005),
 Council resolution concerning an updated handbook with recommendations for
international police cooperation and measures to prevent and control violence and
disturbances in connection with football matches with an international dimension, in
which at least one Member State is involved (2006),
 European Parliament legislative resolution on the proposal for a Council decision
establishing the European Police Office (Europol) (2008),
 Council Resolution on a Model agreement for setting up a Joint Investigation Team
(JIT) (2010),
 Council resolution concerning an updated handbook with recommendations for
international police cooperation and measures to prevent and control violence and
disturbances in connection with football matches with an international dimension, in
which at least one Member State is involved (2010).
Decisions:
 The Schengen acquis - Decision of the Executive Committee on cross-border police
cooperation in the area of crime prevention and detection (1998),
36
 The Schengen acquis - Decision of the Executive Committee on the improvement of
police cooperation in preventing and detecting criminal offences (1999),
 The Schengen acquis - Decision of the General Group on general principles governing
the payment of informers (1999),
 Council Decision establishing of European Police College (CEPOL) (2000),
 Council Decision extending Europol's mandate to deal with the serious forms of
international crime listed in the Annex to the Europol Convention (2001),
 Council Decision amending the Council decision authorising the Director of Europol to
enter into negotiations on agreements with third States and non-EU-related bodies
(2001),
 Council Decision extending on the implementation of specific measures for police and
judicial cooperation to combat terrorism (2002),
 Council Decision establishing a mechanism form evaluating the legal systems and
their implementation at national level in the fight against terrorism (2002),
 Council Framework Decision on joint investigation teams (2002),
 Council Decision concerning security in connection with football matches with an
international dimension (2002),
 Council Decision on the common use of liaison officers posted abroad by the law
enforcement agencies of the Member States (2003),
 Council Decision establishing the European Police College (CEPOL) and repealing
Decision (2005),
 Decision of the Joint Supervisory Body of Europol amending its rules of procedures
(2006),
 Council Decision amending Decision on the common use of liaison officers posted
abroad by the law enforcement agencies of the Member States (2006),
 Council Framework Decision on simplifying the exchange of information and
intelligence between law enforcement authorities of the Member States of the
European Union (2006),
 Council Decision establishing for the period 2007 to 2013, as part of General
Programme on Security and Safeguarding Liberties, the Specific Programme
Prevention, Preparedness and Consequence Management of Terrorism and other
Security related risks (2007),
37
 Council Decision establishing for the period 2007 to 2013, as part of General
Programme on Security and Safeguarding Liberties, the Specific Programme
Prevention of and Fight against Crime (2007),
 Council Decision on the establishment, operation and use of the second generation
Schengen Information system (2007),
 Commission Decision on the attribution grants for translating and testing a
victimisation survey module under the specific programme Prevention of and fight
against crime as part of the general programme on security and safeguarding liberties
(2008),
 Council Decision on the implementation of Decision on the stepping up of crossborder cooperation, particularly in combating terrorism and cross-border crime
(2008),
 Council Framework Decision on the protection of personal data processed in the
framework of police and judicial cooperation in criminal matters (2008),
 Council Decision on the improvement of cooperation between the special
intervention units of the Member States of the European Union in crisis situation
(2008),
 Council Decision concerning access for consultation of the Visa Information system
(VIS) by designated authorities of Member States and by Europol for the purposes of
the prevention, detection and investigation of terrorist offences and of other serious
criminal offences (2008),
 Council Decision on the establishment of the European Criminal Records Information
system (ECRIS) (2009),
 Council Decision on the establishment of the European Police Office (Europol) (2009)
 Council Decision adopting the implementing rules governing Europol's relations with
partners, including the exchange of personal data and classified information (2009),
 Council Decision determining the list of third States and organizations with which
Europol shall conclude agreements (2009),
 Council Decision adopting the implementing rules for Europol analysis work files
(2009),
 Council Framework Decision on prevention and settlement of conflicts of exercise of
jurisdiction in criminal proceedings (2009).
38
Recommendations:
 Council Recommendation on contact points maintaining 24-hour service for
combating high-tech crime (2001),
 Council Recommendation regarding guidelines for taking samples of seized drugs
(2004).
Acts:
 Council Act laying down rules governing Europol’s external relations with third States
and non-European Union related bodies (1998),
 Council Act adopting rules applicable to Europol analysis files (1998)
 Act of the joint Supervisory Body of Europol laying down its rules of procedure
(1999),
 Act of the joint Supervisory Body of Europol laying down its rules of procedure
(2009).
Joint Actions:
 Joint Action concerning the Europol Drugs Unit (1995),
 Joint Action concerning the creation and maintenance of a directory of specialized
competences, skills and expertise in the fight against international organized crime, in
order to facilitate law enforcement cooperation between Member States of the
European Union (1996),
 Joint Action extending the mandate given to the Europol Drugs Unit (1996),
 Joint Action establishing a mechanism for evaluating the application and
implementation at national level of international undertaking in the fight against
organized crime (1997),
 Joint declaration by the Minister of Justice and Home Affairs of the European Union
and the candidate countries an association with the European Commission on the
protection of commercial drivers engaged in export trade from becoming victims of
organized crime (2003). 15
15
Eur-lex. Available at: http://eur-lex.europa.eu/Result.do?idReq=11&page=1.
39
C. Internal Law
Internal law is the law of a state regulating its domestic affairs. Legislation is the
source of law which consists of legal rules by a competent authority. Legislature is a direct
source of law.16 Constitutional law is at the top of the legal framework pyramid.
Constitutional law governs the relationship among the judiciary, the legislature, and the
executives with the bodies under their authority. The sources of law in the Slovak Republic
include:
 Constitution and constitutional law,
 Legally binding acts of EU and international treaties,
 Laws,
 Statutory orders, generally binding legal regulations of the ministries and other central
bodies of state administration, and other generally binding regulations of the selfgovernment.
Based on that, the main legal principles of the operative search activity in Slovakia
have the following structure:
 Constitution,
 Laws,
 Generally binding legal regulations of the Ministry of the Interior of the Slovak Republic.
Relevant articles of the Constitution of the Slovak Republic (Act No 460/1992):
Article No 2
State bodies can act only on the basis of the Constitution, within its limits, and to the extent
and in a manner defined by law.
Article No 16
The inviolability of the person and its privacy is guaranteed. It can be limited only in cases
defined by law.
Article No 21
A person's home is inviolable. It must not be entered without the resident's consent. A
house search is admissible only in connection with criminal proceedings and only on the
16
Wikipedia. Sources of law. Available at: http://en.wikipedia.org/wiki/Sources_of_law.
40
basis of the judge's written and substantiated order. The method of carrying out a house
search will be set out in a law.
Article No 22
The privacy of correspondence and secrecy of mailed messages and other written
documents and the protection of personal data are guaranteed. 17
Acts (generally binding regulations):
 Criminal Code,
 Code of Criminal Procedure,
 Act on Protection of Privacy against Unauthorized Use of Information and Technical
Means,
 Act on the Police Force of the Slovak Republic, Act on the Slovak Intelligence Service,
Act on Military Intelligence, Act on the Railway Police, Act on the Corps of the Prison
and Court Guards, Act on Bodies of State Administration in the Customs,
 Act on Protection of Witnesses,
 Act on Prevention of Legalization of Proceeds of Criminal Activity,
 Act on Courts, Judges and Prosecution,
 Act on Tax Authorities and Maritime Navigation.
Generally binding legal regulations of the Ministry of the Interior of the Slovak Republic
(Internal regulations of the Ministry of the Interior):
 OSA,
 Choice and use of undercover agents,
 Action of the police officers during pretended transfer of the things,
 Use of undercover objects and places,
 Use of entrapment and protective means,
 Surveillance,
 Specific charges,
 Operative blocking,
 Other.
17
http://www.slovakia.org/sk-constitution.htm
41
2. WHAT IS THE AIM OF OSA?
OSA is a systematic activity, which means that all of its operations must not be
carried out randomly and chaotically. The subjects of OSA (staff of the operative services)
should achieve their aims. These aims can be different and they depend on the situation,
conditions, type of crime, type of activity, or capabilities of the subjects.
The aim of OSA (in a narrow sense) is to provide an adequate reaction (response) to
the existing operative situation.
Operative situation
 is a complex of phenomena that influences the management and conducting
of OSA
The operative situation can be characterized through its components, which include:
1. More stable components (political, economic, geographical, social, demographic
situation, etc.),
2. Less stable components (level of cooperation, material and technical equipment,
detection and clarification, etc.),
3. Variable components (state, structure and dynamics of crime, motivation of the
perpetrators, etc.).
On the other hand, the aim of OSA (in the broader sense) is to gather, analyse and
use information. It means that OSA has the characteristics of an information process and
includes all phases of this process. Clearly, the information obtained in OSA is very specific
and we can define it as “criminal information” (trustworthy source, reliable information). In
such cases the subjects of OSA may use various information sources to provide sufficient
amount of information. These sources include police and non-police records and information
systems, as well as other services from within and outside the police, and legal entities and
other individuals.
3. WHAT ARE THE SPECIAL TASKS OF OSA?
The tasks of OSA (the purposes of using OSA) are defined in Section 38a of the Act No
171/1993 on the Police Force of the Slovak Republic. They include:
42
 Prevention and deterrence of crimes,
 Detection of crimes and documentation of crimes,
 Detection of perpetrators,
 Protection of persons,
 Protection of objects,
 Protection of state borders,
 Search for persons and things,
 Assistance to threatened and protected witnesses.
The act, in the same Section, provides a legal definition of OSA:
Legal Definition of OSA
 the system of generally confidential intelligence means that are used by
operative services
Although it may seem that both definitions (legal and criminal) are absolutely
different, they simply refer to the same problem from another point of view.
1.
2.
3.
What are the specific features of OSA?
What are the most important categories of means used in OSA?
Analyse the principle of confidentiality in the operative work (pros and cons).
43
1.3
The Processes in Operative Search Activity
The situations, in which the methods and means of OSA are used, represent “the
processes in OSA”. In the police theory and police practice, they are very frequently
described and explained by the following features:
 They meet the following requirements: social, civilian, political, operative, practical,
theoretical, basic and applied,
 They constitute a specific system (with its own genesis, elements, internal relationships
among the elements, relations to the surrounding environment; it is a model),
 They suggest solutions to problems (defining questions, inputs, processes, goals,
outputs, evaluations),
 There is a selection of new information and creating of the informant networks,
 It is a specific manifestation of the activities that are executed by competent bodies (the
content and structure of the activities are composed of actions and operations),
 They are conducted systematically and purposefully (fulfilling tasks),
 The activity is regulated (creating favourable conditions), etc.18
The structure of the processes in OSA is formed by three inseparable and
irreplaceable components:
 Object of knowledge (crime, criminality, criminal activity),
 Subject of knowledge (competent authority - operative services, operative units,
operative workers also known as operative employees),
 Interaction between the object and the subject of knowledge in the system of the police
activity (the content of the activity).
The processes in OSA are carried out in five basic phases: input (tasks and duties),
aim, fulfilling the aim, output (knowledge) and evaluation. Generally we consider them
unchangeable fragments of the police processes. In order to reduce the rate of crime it is
desirable to use nonconventional, more offensive methods and forms of activity in situations
when classical methods of policing appear as inappropriate and insufficient.
Based on that it is possible to describe the police processes and express them in a
theoretical definition.
18
LISOŇ, M. Teória policajného operatívneho poznania, p. 58.
44
Police Processes
 are situations in which activities, actions, interventions and operations are
carried out by competent authorities (police subjects),
 the aim is to obtain knowledge, reach crime prevention and/or repression,
and to make a decision
There are many forms of OSA in which these processes can be conducted. The most
important processes in OSA are:
1. Prevention,
2. Detection,
3. Suspect identification,
4. Clarification,
5. Search for criminals and items.
1. PREVENTION
Crime prevention is the attempt to reduce victimization and to deter crime and
criminals. It is applied specifically to efforts made by governments to reduce crime, enforce
the law, and maintain criminal justice.19
Scheme 9
CRIME PREVENTION
General
Prevention
Special
Prevention
Social
Prevention
Situational
Prevention
Victim
Prevention
Primary
Prevention
Primary
Prevention
Primary
Prevention
Secondary
Prevention
Secondary
Prevention
Secondary
Prevention
Tertiary
Prevention
Tertiary
Prevention
Tertiary
Prevention
Classification of Crime Prevention
19
Wikipedia. Crime prevention. Available at: http://en.wikipedia.org/wiki/Crime_prevention.
45
General prevention is aimed at everyone in the society. On the contrary, special
prevention is focused on special groups of people, i.e. criminal offenders, situations and
victims. In the social prevention we try to influence conditions (not to be criminal offender,
not to continue in committing a crime); in situational prevention we simply attempt to affect
the situations and phenomena (criminality, maintaining public order, protection of persons
and property), and in victim prevention the victims or potential victims.
Primary prevention addresses the conditions in the natural environment that may
lead to the development and prevalence of crime. Secondary crime prevention attempts to
prevent crime by focusing on at-risk offenders or potential opportunities that may foster
criminal activity. Tertiary prevention, unlike primary and secondary prevention focuses on
prevention after a crime has occurred. 20
All types of prevention may be used in OSA, but the one used most frequently is “the
situational crime prevention”. The situational crime prevention uses techniques focusing on
reducing the opportunity to commit a crime. Some of the techniques include increasing the
difficulty of crime, increasing the risk of crime, and reducing the rewards of crime. Thus
crime prevention can be more effective than the punishment or detection of criminals and
its intention is to make criminal activities less appealing to offenders.
Most of the crime prevention strategies are based on the incapacitation or control of
individuals and the disruption and general suppression of groups (sometimes by direct
enforcement, sometimes through enhanced police presence and other hopefully deterrent
measures, sometimes through attention to environmental factors).21
All of these approaches have their significance. Prevention during an operative
search activity could be carried out through the control and observation of:
 Persons of interest (victims and high risk individuals or groups, for instance
recidivists, criminal offenders, criminal networks, potential criminal offenders),
 High-risk or high-crime areas (i.e. places where the crime is frequently
committed).
20
Safety cops.com. Criminal victimization. Available at: http://www.safetycops.com/crime_prevention.htm.
KENEDDY, D., M. Pulling Levers : Chronic Offenders, High-Crime Settings, and a Theory of Prevention.
Available at: http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1860&context=vulr&seiredir=1&referer=http%3A%2F%2Fwww.google.sk%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dplaces%2520where%
21
46
2. DETECTION
The detection of crime is the responsibility of the police through special law
enforcement agencies (operative services) which are responsible for the detection of
particular types of crime.
Crime detection is divided into three different phases:
 The discovery that a crime has been committed,
 The identification of a suspect,
 The collection of sufficient evidence to indict the suspect before a
court.
Many crimes are discovered and reported by persons such as victims or witnesses.
Certain crimes, in particular those that involve a subject’s assent (illicit drugs, prostitution,
child pornography, etc.) or those in which there may be no identifiable victim (for instance
corruption, obscenity) are often not discovered unless the police take active steps to
determine whether they have been committed. Therefore, to detect such crimes,
controversial methods (operative methods) and means (operative means such as electronic
eavesdropping, surveillance, interception of communications, and infiltration of criminal
groups) are required.22
Detection
 is one of the most important process of OSA,
 that is conducted by authorized subjects (operative services - operative units operative workers),
 is focused on latent crime
In fact, there is a close relationship between the detection and the information
process theory that falls into three basic phases: collection of information, analysis, and use
of information. Thus the output of this process may be a presumption whether a crime
was/was not committed, and that is further transformed into a decision whether to file a
proposal for prosecution or not.
22
Encyclopaedia Britannica. Crime. Available at:
http://www.britannica.com/EBchecked/topic/142953/crime/53431/Theories-of-causation#toc53436.
47
3. SUSPECT IDENTIFICATION
The suspect identification is based on the modus operandi. Many offenders
repeatedly commit offences in a similar way and the knowledge of the modus operandi is
useful in identifying the suspect (a burglar’s method of entry into dwelling, the type of stolen
property, it all may suggest who may be responsible for the crime).
Apart from that, a visual identification of a stranger (unknown perpetrators) by the
victim is often possible. The police commonly present victims or witnesses who believe that
they can recognize the offender with an album containing the photographs of a large
number of known criminals. However, there is a problem with the accuracy of the
identifications (potentially resulting in erroneous convictions) so the validity of the
identification must be supported by other facts (e.g. evidence that is gathered in a different
way).
4. CLARIFICATION
While detection focuses on latent crime, clarification is connected with recorded
crime. To be more specific, to detect means to learn that a crime has been committed, and
to clarify means to understand everything important that is related to the crime by giving
more details. In the police theory and police practice they are very simple to distinguish,
however, very difficult to perform (detection in particular).
Scheme 10
DIFFERENCES
DETECTION
CLARIFICATION
Focus: Latent crime (What happened?)
Focus: Recorded crime (other questions)
FAQ:
What?
Did
sth.
happen
How?
?
Basic Difference between Detection and Clarification
Why?
When?
Where?
To
whom?
By
whom?
48
5. SEARCH FOR PERSONS AND THINGS
Searching for criminals and items is one of the basic tasks that are defined in the Act
on the Police Force of the Slovak Republic. It means that the whole police organization is
responsible for fulfilling this task and every police officer in active duty is obliged to search
for persons and things. Moreover, it is a special task of OSA as stated in the same legal
enactment.
Search for persons and things
 is one of the most frequently used processes of OSA,
 that is conducted by every police officer in active duty,
 with the aim:
 to look for individuals and items and to find them,
 to arrest people (or to detain them),
 to seize things,
 to establish the identity of unknown people, dead human bodies, parts of
human bodies and skeletons,
 to recover the location (of items) or the stay (of people),
 to bring wanted and missing persons to trial or to relevant authorities,
 to give the found items back to their competent owners
Subjects
This activity is organized by the criminal police on all levels of management (top,
middle and low). The main duties and responsibilities of the criminal police during this
process are: to coordinate the activities in the field; give instructions and directions to other
involved services; document the process; search for people and things. Moreover, members
of the criminal police are responsible for the accuracy, correctness and completeness of the
data which is stored in the police records and information systems. The criminal police can
cooperate with other bodies, for instance with other police services (public order police,
traffic police, railway police, border and alien police), municipal police, army, mountain
rescue service, mining rescue service, fire brigade, as well as the citizens. Each case and
situation is specific; therefore the final decision about all bodies participating in the search
(for persons) is always made by the “commander of the search action”.
49
Objects
The police do not search for all objects of the material world, but only for those that
are individually specified in terms of their distinctive features which distinguish them from
other objects of the same kind. We can divide them into two basic categories, i.e. people
and items (things).
A. SEARCH FOR PEOPLE
Each object of the search has to be specified through its identifying features (name,
surname, date of birth, place of birth, parents, address of living, description, distinguishing
marks, scars, medical records or dental radiographs, contacts, photos, etc.). Searching for
people includes:
 Searching for missing persons,
 Searching for wanted persons,
 Searching for identity (of a living or a dead person),
 Searching for a place of residence or stay.
Missing persons are persons who:
 Have disappeared without a trace,
 Are not criminal offenders,
 The fact that they are missing was reported to the police.
On the basis of internal regulations some explicit categories of people are specified
separately:
 A foster child (especially who lives in a foster home),
 Patient of a psychiatric hospital or medical institution, social institution or an
elderly care home,
 If there is uncertainty about the health and life of a person.
Wanted persons are a separate category of people. Very often there is a link to a
commission of a crime and in such case we have the “search for a criminal” in mind.
However, the concept of the wanted person comprises more than just criminal offenders – it
50
also includes two more categories of people. In accordance with the internal regulations we
distinguish the following categories of wanted persons:
 A suspected person,
 An accused person,
 A defendant (a person who was being prosecuted),
 A sentenced person,
 A person under protective means (protective custody),
 A witness whose personal freedom has been restricted by judge.
Search for the identity of living persons is used when a person doesn't know, doesn't
want or is not able to prove their identity. Similarly, we search for the identity of a dead
person when the identity is not immediately clear (no ID documents, decomposition of the
body had already started, advanced decay; only parts of human body, such as bones,
skeleton, are found etc.).
Search for the place of residence or stay is frequently applied in connection with the
criminal procedure (e. g. to secure the defendant's presence at trial, witness's presence at
trial, presence during interrogation).
Means
In the context of the facts listed above, the term of “means” encompasses the
technical and tactical instruments. An individual approach is required as each case is
absolutely specific. Therefore, in order to increase the quality of the search, the police use:
 Police dogs,
 Technical equipment,
 Police helicopters,
 Information systems,
 Media,
 Search tools,
 Information and technical means,
 Means of OSA,
 Information system for biometric identification.
51
The Structure of the Process
The search for criminals and missing persons can, in theory, be divided into several
steps. Some of them may be omitted, or they may be merged in a single separate phase,
depending on the type of the case (seriousness of situation, amount of time, amount of
forces allocated in the field, accuracy of input information and so on).
Scheme 11
1
• START
2
• FORMALIZATION
3
• EXECUTION
4
• INTERRUPTION
5
• COMPLETION
6
• CANCELLATION
Basic Phases of Searching for People Carried out by the Police
START
Searching for people usually starts after an official report of the fact that a person
may have gone missing. Very often there are relatives who report the fact to the police. The
police officers are ready to start a search, but before any action is taken it is necessary to
obtain more information about the missing person (description, distinguishing features,
photos, potential motives for leaving home, etc.).
Searching for criminals usually starts upon an official request for the search. The
reason for the police action is that the person has probably, or definitely, committed a
crime.
FORMALIZATION
Formalization means that the search for a person is recorded in the police
information system. The official sharing of information within a police organization is
essential for joint actions, for example in the whole territory of the Slovak Republic or a
larger region. There are particular databases for each type of search in Slovakia:
 PATROS - searching for people,
 PATRMV - searching for cars, motor vehicles, ships, boats, planes, helicopters, etc.
52
 PATRZBRANE - searching for weapons,
 PATRDOC - searching for documents,
 DIELO - searching for works of art,
 PATRVECI - searching for other categories of items which are not included in the
previous databases.
EXECUTION
The phase of execution includes all activities, actions and operations in order to
locate the person searched for, or to identify the object of the search (e.g. identity of a dead
human body, skeleton, or a part of human body). The police officer who is responsible for
searching an area may interview people or do an informal interrogation (relatives,
neighbours, co-workers, friends, etc.), check the places where the wanted (missing) person
could possibly be staying or hiding, check personal contacts, do house searches, searches of
person, searching actions, police checks of persons and motor vehicles, as well as search in
police databases and information systems, use police dogs, thermal imaging and surveillance
technologies, operative search means and information and technical means, media, and so
on. In this phase, the police can cooperate with other subjects, such as municipal police,
army, mountain rescue service, mining rescue service, fire brigade, citizens, etc.
INTERRUPTION
Sometimes it is desirable and convenient to interrupt the search, especially if
problems or obstructions in the search arise. Examples of such situations may be:
 It is known that the person is dead but the body hasn`t been found,
 It is proved that the person is abroad but there is no chance to arrange for
extradition,
 If the police officers have run out of all possibilities during the identification of the
body (a corpse).
After solving these problems (body found, the person returned to Slovakia or the
identity of the dead person is established) we can continue in the next phase of the search.
Interruption is an optional phase, which means that it is not necessary to interrupt the
search if there are no reasons for it.
53
COMPLETION
The completion represents the last but one phase of the process. The duration of the
process can vary and the final effect (the result) can be either positive or negative. The
search may be finished when:
 Police officers have succeeded in the search (the object of the search has
been found),
 The wanted or missing person is dead,
 The cause of the search has ceased to exist (e.g. it was found out that the
perpetrator was a different person),
 Dead body, a part of human body, skeleton matches with the identity of the
wanted or the missing person,
 After a certain time period (20 years from the start of the search for a missing
person and unknown identity of human body).
CANCELLATION
This phase is the formal termination of the search by entering the data in the police
databases and information systems. Doing this enables other police services and units to
have quick and easy access to the information that the search has been terminated and no
further search is necessary.
B. SEARCHING FOR STOLEN PROPERTY AND OTHER ITEMS
Each object of the search has to be precisely defined through its identifying features
(description, serial numbers, photos, and other specific features). Searching for stolen
property and other things typically means the search for:
 Stolen motor vehicles, trailers, number plates, motor-powered machines (or items
used in the commission of a crime, e.g. a vehicle used in the commission of a crime),
 Stolen cultural works and works of art (or used in the commission of a crime),
 Stolen weapons (or used in the commission of a crime),
 Other stolen items,
 Found or seized items without a link to their origin or owner,
54
 Dangerous items (that can cause serious injury or death) and items of high value or
importance (possibly of state interest) that might be used or abused for committing a
crime.
Standard Procedure
At the beginning, it is essential to file an official police report (a person should give
information about the stolen items including their description, photos, circumstances of
theft, any ideas of who might have taken them). The quality a quantity of the information
provided is crucial, and the more information the person gives the better the chance of the
property being identified by the police are.
The next phase is the actual start of the search that also includes the formalization of
the search by the police bodies. As it was mentioned above, formalization is realised via the
police information systems and police databases.
The active search for items is based on using specific police searching tactics and
techniques. The police officers who are in charge of the search may apply various methods,
such as interviewing people or informal interrogation, inspecting the places where they
expect the item searched for might end up (e.g. pawn shops, second-hand stores, car repair
shops), checking personal contacts, doing a house search, search of person, search actions,
searching police databases and information systems, and so on.
As the items are found, the police officers finish and cancel the formalization of the
search by entering the information in the police information systems and police databases.
Finally, the items found are returned to their owner.
1. What are the most important processes used in OSA?
2. What is the difference between crime detection and clarification?
3. What is the difference between a missing person and a wanted person?
55
Conclusion and Final Remarks on Chapter 1
In the first chapter we have focused our attention on one specific activity of the
criminal police - the operative search activity. The term “operative search activity” in the
Slovak terminology (especially police science-oriented terminology) first appeared in the
second half of the 20th century and it has been in constant use up to today. However,
nowadays, certain new ideological trends may often be seen - in police theory it is not
unusual to find attitudes suggesting that the term “operative search activity” be replaced by
the term “police operative activity” or “operative and cognitive activity”. It must be admitted
that there is good reason for that.
The historical background of OSA refers to the theoretical and practical context of the
police activity. It is now obvious that we have made progress since that time, although a lot
of effective operative methods and techniques were discovered centuries ago.
The OSA has a significant impact on the effectiveness of the fight against crime,
which includes prevention, detection, investigation, prosecution, and trial. Many types of
crime require an active approach to the problem, in particular the fight against serious
crime, organized crime, transnational organized crime, protracted crimes, and serial crimes.
However, higher level of sophistication, material and technical equipment of the criminals,
corruption and money laundering make the fight more difficult.
Finally, we have presented the typical processes of OSA. We have attempted to
explain them through their essential characteristics (subjects, objects of the activity,
structure, aim etc.).
The theoretical analysis of OSA has a practical effect on the quality of the fight
against crime. It is applicable for the entire problem of general crime.
56
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58
GENERAL CRIME
2 GENERAL CRIME
MONIKA HULLOVÁ
MÁRIA FERENČÍKOVÁ
59
GENERAL CRIME
2.1 Phenomenology
In this chapter we will analyse the relevant terms associated with general crime.
Many experts hold the opinion that crime is defined as:
 Acts or omissions forbidden by the law that can be punished by imprisonment
and (or) fine (legal definition),
 Socially unacceptable acts or behaviour not strictly forbidden by the law
(sociological definition).
With regard to the current expert knowledge, crime can be categorized into several
groups. Some of the most important examples of crime categorization that are frequently
used in police theory and practice are:
A. According to elements of crime (protected interest by the law) we can talk about:
 General crime,
 Crimes committed in economy (economic crimes),
 Corruption,
 Drug-related crime,
 Environmental crime,
 Extremism,
 Terrorism,
 etc.
B. According to the modus operandi of crime (objective side of the offence), crime can be
divided into:
 Planned and unplanned crime, in other words crime with and without
premeditation,
 Crime characterized by its purpose, aim and motive (crime for gaining profit,
crime out of revenge, or for the satisfaction of other needs, etc.),
 Crime characterized by its display (visible crime, latent crime, concealed crime),
 Rational crime or sophisticated crime committed by professional offender and
on the other hand - crime committed by occasional offender,
 From the aspect of the participation in a criminal offence (organized crime,
internationally organized crime,) and others.
60
GENERAL CRIME
C. According to the subjects (perpetrators) of criminal offences, crime can be divided into:
 Juvenile delinquency (crimes committed by youth), crimes committed by
adults, crimes committed by women, crimes committed by men, etc.,
 Reoffenders (recidivism),
 Crimes committed by drug addicts,
 Crimes committed by people from particular ethnic groups, and so on.
D. According to the victims of criminal offences, crime can be divided into:
 Crimes with child victims, young victims, female victims, male victims, etc.,
 Crimes with foreign victims, members of ethnic groups, etc.
E. According to the place of occurrence of criminal offences, crime can be divided into:
 Street crime,
 Domestic violence,
 Night bars crime (bars, gambling clubs, massage and erotic clubs, etc.),
 School crimes, and so on.
General crime is a system that includes various types of crimes with differing
interests protected by the law (e.g. health, life, property, personal freedom, etc.). Each
example of general crime is unique (has a different perpetrator, victim, modus operandi,
motive, place and time of commission of the crime, etc.), but on the other hand there are
certain general characteristics of these crimes (they can be seen in the elements of crime,
i.e. the subject, “mens rea”, the object and “actus reus” of the criminal offence). General
crimes are those crimes where the criminal offender has general characteristics (the subject
is general, i.e. the offender can be anyone; in case of a specific subject the specific position
of the subject must be explicitly stated by the law; for instance - a public official or foreign
public official is a specific subject, therefore the abuse of authority is not a general crime).
Analogically it implies that other obligatory and optional features, with regard to the
elements of crime (place, time, victim, etc.), are general in their character, too.
The term “general crime” is an out-of-legal category and its acceptation has been
utterly pragmatic (for practical, mainly police purposes).
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GENERAL CRIME
General Crime
 is a summary tactical designation for property crimes, violent crimes and crimes against
morality that has been adopted by police theory and police practice during the
application of legislative, organizational and managerial, and methodical and tactic
measures in crime control
The term “criminal offence” is the basic category of criminal law. Criminal offence is
an antisocial human activity (any unlawful act) that contains the elements defined in the
Criminal Code. In compliance with the regulations, a crime is either a misdemeanour or a
felony. A misdemeanour (less serious crime) is a criminal offence committed by negligence
or an intentional criminal offence for which the Slovak Criminal Code specifies a maximum
custodial penalty of not more than 5 years. In contrast, a felony (more serious type of crime)
is an intentional criminal offence carrying a maximum custodial penalty of more than 5 years
pursuant to the Slovak Criminal Code. An intentional criminal offence which, because of its
seriousness, carries a maximum custodial penalty of more than 5 years shall also be deemed
as the felony. In addition to that, the felony carrying a custodial penalty of more than 10
years under this Act shall be considered as a particularly serious felony (the most serious
type of crime).
The structure of the Special Part of the Slovak Criminal Code is based on the idea that
certain types of crimes (groups of crimes) would threaten or harm the interest (object)
protected by the law.
In fact, in this classification of crimes in the Slovak Criminal Code it is even possible to
state that a general crime has general features. It means that a general crime includes such
criminal activities which threaten or harm general interests (protection of life, health,
property and freedom) which are mentioned in the legal definition of the elements of the
crime. Besides, the modus operandi, motives, goals, purposes and other relevant features
are of a general character as well. General crime is enacted in the first four chapters of the
Criminal Code, i.e.:
1. Crime against life and health,
2. Crime against freedom and human dignity,
3. Crime against family and youth,
4. Crime against property.
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GENERAL CRIME
Chart 2
HEAD GROUPS OF CRIMES (SECTIONS)
I.
OFFENCES AGAINST LIFE AND HEALTH
II.
III.
IV.
V.
OFFENCES AGAINST FREEDOM AND HUMAN DIGNITY
OFFENCES AGAINST FAMILY AND YOUTH
OFFENCES AGAINST (THE RIGHT OF) PROPERTY
ECONOMIC CRIMINAL OFFENCES
SUBGROUPS OF CRIMES (PARTS)
1.
Offences against Life
2.
Offences against Health
3.
Offences Endangering Life or Health
1.
Offences against Freedom
2.
Offences against Human Dignity
1.
CRIMINAL OFFENCES AGAINST PUBLIC SAFETY AND
AGAINST THE ENVIRONMENT
1.
Criminal Offences Endangering Market
Economy
Criminal Offences against Economic
Discipline
Currency and Tax Related Criminal Offences
Offences against Industrial Property Rights
and against Copyright
Criminal Offences against Public Safety
2.
Criminal Offences against the Environment
CRIMINAL OFFENCES AGAINST THE REPUBLIC
1.
Criminal Offences against Foundations of
the Republic
Criminal Offences against Security of the
Republic
Criminal Offences against the Execution of
Powers by Public Authorities
Criminal Offences Committed by Public
Officials
Corruption
Certain Forms of Criminal Involvement
Other Forms of Interfering with the
Activities by Public Authorities
2.
3.
4.
VI.
VII.
2.
VIII.
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
1.
2.
3.
4.
5.
IX.
X.
CRIMINAL OFFENCES AGAINST OTHER RIGHTS
AND FREEDOMS
CRIMINAL OFFENCES AGAINST MILITARY SERVICE,
CIVIL MILITARY SERVICE, AGAINST SERVICE IN ARMED
FORCES, AND AGAINST THE DEFENCE OF THE
HOMELAND
1.
2.
3.
4.
XI.
MILITARY CRIMINAL OFFENCES
1.
2.
3.
4.
XII.
CRIMINAL OFFENCES AGAINST PEACE, AGAINST
HUMANITY, CRIMINAL OFFENCES OF TERRORISM,
EXTREMISM, AND WAR CRIMES
1.
2.
3.
Criminal Offences against Military Service
Criminal Offences against Civil Service
Criminal Offences against Service in Armed
Forced
Criminal Offences against the Defence of
the Homeland
Criminal
Offences
against
Military
Subordination and Military Honour
Criminal Offences against the Obligation to
Perform Military Service
Criminal Offences against Sentry and
Supervisory Service
Criminal Offences Endangering Combat
Readiness
Criminal Offences against Peace, against
Humanity, Criminal Offences of Terrorism
and Extremism
War Crimes
Common Provisions
Structure of the Slovak Criminal Code
General crime forms the largest part of the total crime, i.e. in 2014, general crime
formed nearly 60 % of total crime (48,524 general crimes and 81,245 crimes in total were
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GENERAL CRIME
detected by the police). According to the police theoretical and practical knowledge general
crime consists of:
VIOLENT CRIME
e.g. murder, infanticide, voluntary manslaughter, involuntary manslaughter, illegal abortion,
kidnapping and abandonment of a child, kidnapping for ransom, robbery, bodily harm, taking
a hostage, extortion, gross coercion, duress, forcible entry into dwelling, battering a close
person and a person entrusted into one’s care, violence against a group of citizens and
against an individual, serious threats, incitement of national, racial and ethnic hatred, etc.,
CRIME AGAINST MORALITY
e.g. trafficking in human beings, trafficking in children, rape, sexual violence, sexual abuse,
incest, corrupting morals, procuring and soliciting prostitution, manufacturing, distribution
and possession of child pornography, unlawful experimentation on humans and human
cloning, exposing others to human immunodeficiency virus, exposing others to venereal
disease, etc.,
PROPERTY CRIME
e.g. theft, embezzlement, unlawful use of a thing of another, unlawful use of a motor vehicle
of another, unlawful interference with a title to a house, dwelling, and non-residential
premises, fraud, unjust enrichment, concealment of a thing, harm done to a thing of another,
abuse of property, burglary, etc.,
OTHER GENERAL CRIME
e. g. disorderly conduct, desecration of graves, improper and indecent interference with a
dead human body, unauthorised use of personal data, endangering public safety,
establishing, masterminding and supporting a criminal group, destructive actions, illicit
manufacturing and possession of nuclear materials, radioactive substances, hazardous
chemicals and hazardous biochemical agents and toxins, illicit manufacturing and possession
of narcotic and psychotropic substances, poisons or precursors and trafficking in them, illicit
distribution of drugs, serving alcoholic beverages to minors, distributing anabolic steroids
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GENERAL CRIME
among minors, prohibited acquisition and possession of firearms and trafficking in them,
etc.)
Chart 3
Crime against
Morality
2%
Others
16%
Violent
Crime
11%
Property Crime
71%
Structure of General Crime in the SR in 2014
In 2014, 48,524 general crimes occurred state-wide, which was a decrease by nearly
10 percent compared to 2013 (53,725 general crimes). When considering the fourteen-year
trend, the estimated general crime total peaked in 2004, and since that time regular
decrease has been recorded by police.
Chart 4
120000
100000
80000
60000
40000
20000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
General Crime Figure (the fourteen-year trend)
When we compare the number of cleared-up (solved) cases and the number of
reported cases or detected cases in 2014, the estimated percentage is 50.16. However, the
clear-up rate is not only a measure of police effectiveness (although the most important).
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GENERAL CRIME
There are several factors which can influence the current state, e.g. political, legal, economic
situation, effectiveness of criminal concealment, etc. In comparison to 2013, when the
estimated percentage of the clear-up rate was 49.32; the situation has improved slightly (+
0.84 percent). Chart 5 presenting the fourteen-year trend of the clear-up rate of general
crime shows that the clear-up rate was the highest in 2014 (50.16 %) and the lowest in 2004
(31.67 %). Apart from that, in the years 2001 - 2004, the clear-up rate decreased, and it has
been increasing again from 2004 until today.
Chart 5
60
50
40
30
20
10
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Clear-up Rate of General Crime (the fourteen-year trend - in %)
General crime is committed by a rather high number of young perpetrators, e.g. in
2014, there were 1,556 criminal offenders younger than 15 years, and 3,053 criminal
offenders between 15 and 18 years of age who committed general crimes. Only 200 young
criminal offenders committed economic crime (112 criminal offenders younger than 15
years, and 88 criminal offenders between 15 and 18 years of age). Apart from that, there is a
high number of criminal offences committed under the influence of alcohol or drugs (in 2014
it was 3,340 cases under the influence of alcohol and 76 cases under the influence of drugs).
15,398 cases of general crime were committed in a public place (a total of 22,336
crimes was committed in a public place), thus this type of crime is considered “street crime”.
Street crime is a terms widely used to describe a range of crimes such as pick-pocketing,
mugging, alcohol and drug related crime, violent street robbery, procuring and soliciting
prostitution, illicit distribution of drugs, intimidation and threats, etc. The highest proportion
of street crimes comprises street burglaries and the objects of interests included money,
mobile phones, personal property and personal documents, whilst most of the crimes were
recorded in bigger cities. For example, in 2014, in the three biggest cities in Slovakia, the
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GENERAL CRIME
Slovak Police Force discovered the following numbers of street crimes: Bratislava - 4,858,
Košice - 2,108, and Trenčín - 1,023 street crime cases.
It is necessary to direct our attention to places where the occurrence of perpetrators,
crime or things related to crimes (such as bus and railway stations, parks, pedestrian areas,
car parks in front of the shopping centres, schools, entertainment areas, etc.) can be
expected.
Considering the regional aspects of general crime in the Slovak Republic, in 2014
similar trend was visible in the largest Slovak regions. As mentioned before (street crime
rate), the highest quantity of general crime was discovered in the Bratislava region (southwestern part of the Slovak Republic) and in the Košice region (south-eastern part of the
Slovak Republic). General crime rate is influenced by population density (correlation
between number of inhabitants and number of crimes per km 2).
Chart 6
Trenčín
8%
Žilina Banská
11% Bystrica
12%
Trnava
10%
Bratislava
22%
Prešov
10%
Nitra
10%
Košice
17%
Regional Aspects of General Crime in the Slovak Republic, in 2014
1. Describe the model of crime classification.
2. What are the main categories of general crime?
3. What are the main features of general crime?
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GENERAL CRIME
2.2 Methodology of Crime Detection and Investigation
To detect crimes in relation to general crime means to identify the unknown features
that are included in the “body of the offence” and other relevant circumstances that already
exist or just will exist in a “corpus delicti”. The criminal evidence in these processes can
include:
 Features characterizing the modus operandi (features of the body of the
offence, components of criminal characteristics),
 Criminal offender (criminal responsibility),
 Victim (aggrieved person), victim protection,
 Information networks (information sources),
 Causes and conditions that facilitate commission of a crime,
 Circumstances of commission of a crime,
 Other information (new approaches to crime prevention and repression), etc.
To clarify a crime (a wide-spread equivalent is “to investigate a crime” although their
meaning is not fully equal) epitomizes the process (systematically, actively and intentionally
carried out activity) that aim at revealing unknown information which can be used in
identifying criminal offenders (discovering the perpetrators, clarifying the already revealed
crime).
There is no doubt that one of the most important parts of crime detection and
clarification is their “first crime-relevant information” (stimulus). During the conduct of the
cognition process, the stimulus can be a cause (the need, impulse, and motive) that is
determined by all facts that:
 Exist,
 Are known and usable for achieving this goal.
From the practical police experience it is clear that the most frequent first stimuli are:
indicators (signals, indications, first information - there is no formal duty to act because it is
not strictly established by law) and official stimulus (in accordance with the Criminal Code
and Act on the Police Force, the police officers are obliged to act). 23 They both have an effect
23
There are four possibilities, so they can: 1. start a criminal prosecution, 2. dismiss the criminal prosecution, 3.
supersede the criminal prosecution (incompetent criminal prosecution, expiration of culpability), 4. refer the
case to another authority in charge of hearing (infractions, misdemeanours, administrative offences, etc.)
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GENERAL CRIME
on the type of the main processes (detection and clarification, or investigation). Another
possible (ideal) version is when detection smoothly continues into investigation.
Scheme 12
• CRIME REVEALED THROUGH INDICATORS (INTERNAL STIMULUS)
CRIME DETECTION
CLARIFICATION OF
CRIME
• A WORK WITH REPORTED CRIME THROUGH OFFICIAL AND
ANONYMOUS REPORTS TO THE POLICE (EXTERNAL STIMULUS)
(INVESTIGATION)
Differences between Crime Detection and Clarification (Investigation)
Long-term practical police experience in the detection and clarification of general
crimes has proved that this activity should follow a particular chronological order. As a result
of our theoretical knowledge24 and practical experience the operative search operations and
operative search means are frequently used during the detection and clarification of general
crimes. From the tactical aspects (in accordance with the chronology) these operations and
means can be divided into two specific phases.
Scheme 13
BASIC PHASES OF CRIME DETECTION AND CLARIFICATION
A. THE FIRST PHASE: Initial Operative Search Procedures
B. THE SECOND PHASE: Subsequent Operative Search Procedures
The Process of Crime Detection and Clarification
A. THE FIRST PHASE OF DETECTION AND INVESTIGATION (CLARIFICATION)
The actions taken by the police during the initial phase often determine the course
and success of the whole process of detection and investigation. The activity of the police
should be systematic and rational while respecting the theoretical and practical
24
The theory has been published by many experts like Štefan Hundák, Miroslav Lisoň, Viktor Porada, etc.
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GENERAL CRIME
recommendations (methodology and tactics). Each criminal case is different (specific type of
crime, conditions, circumstances, relationship between perpetrator and victim, motivation,
time, place, use of violence, weapons, etc.) and requires an individual approach (different
information sources, methodology, tactics, techniques, coordination of activities, range of
participants in the process, etc.).
In general, a majority of general crimes should be detected and investigated as
described in the model bellow (which represents an ideal situation, but in police reality, the
model is usually modified depending on the current needs).
Scheme 14
1
•ASCERTAINING THE CHARACTERISTICS OF THE CASE
2
•PRELIMINARY INSPECTION OF THE CRIME SCENE AND SURROUNDING AREAS
3
•SEARCH FOR A „BLAZING SCENT“
4
•MEDICAL AND FORENSIC EXAMINATIONS OF THE VICTIM AND SUSPECT
5
•OPERATIVE INVESTIGATION OF THE CRIME SCENE AND SURROUNDING AREAS
6
•OPERATIVE INVESTIGATION RELATED TO THE VICTIM OR AGGRIEVED PERSON
7
•REQUEST, ANALYSIS AND USE OF PRELIMINARY EXPERT´S OPINIONS
8
•SUSPECT IDENTIFICATION
9
•USE OF FORENSIC METHODS IN PERSONAL IDENTIFICATION
10 •OPERATIVE PATROLLING IN THE RELEVANT AREA
11 •ACTIVATION AND COOPERATION WITH A NETWORK OF INFORMANTS
12 •FORMALIZATION AND CARRYING OUT OF THE SEARCH FOR CRIMINALS AND ITEMS
13 •DATA ACQUISITION, STUDY OF DATA FROM VARIOUS TYPES OF INFORMATION SOURCES
14 •FORMULATION OF OPERATIVE SEARCH VERSIONS
15 •PLANNING AND VERIFICATION OF OPERATIVE SEARCH VERSIONS
The Model of the First Phase of Detection and Investigation
Model of detection and investigation during its first phase has the following
characteristics: After the occurrence of crime it is necessary to establish whether a crime has
been committed within the shortest possible period of time (in order to ensure effectiveness
of the whole process). In the Slovak Republic, the detection of general crimes falls under the
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GENERAL CRIME
responsibility of criminal police officers (Criminal Police Bureau at the Presidium of the Police
Force and criminal police departments at regional and district police headquarters) in close
cooperation with investigators. Many types of general crime usually discovered and reported
by the following categories of people: witnesses, aggrieved persons, victims, close relatives
to victims, social workers, paediatricians, teachers, etc. On the other hand, certain crimes
(especially latent crimes) require an active approach of the police. It means that they are
often not discovered unless the police take active steps to determine whether they have
been committed. Usually, these crimes involve the subject´s assent (pimping), no identifiable
victim (obscenity), or they belong to the category of organized crime or crime committed in
series, by repeat offenders, and so on.
Next, we will analyse all steps of detection and investigation more closely.
1. Ascertaining the Characteristics of the Crime (Nature of the Crime)
At the beginning of detection and clarification (investigation) it is important to
answer some basic questions that help us to choose further steps, especially in relation to
violent crime.
Scheme 15
YES, IT HAS:
Was it really an intentional act (wilful tort) or
a criminal negligence?
What type of crime has been committed?
HAS THE CRIME ACTUALLY
BEEN COMMITTED?
NO, IT HASN´T:
Has a mock crime scene been set up?
Was it a suicide?
Was it an incident or an accident?
Was it a misdemeanour, or a petty offence
(civil, private, or criminal offence)?
Basic Question and Answers
Sometimes police officers deal with criminal cases where people pretend to have
committed a crime (set up a fake crime scene with its typical features - for example a
burglary with broken windows, robbery with torn clothing and other examples of violence)
although the crime happened in a different way as was reported to the police, or did not
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GENERAL CRIME
happen at all. The reasons for such act can vary, for example: false accusation, insurance
fraud, an attempt to cover-up a more serious crime, etc.
2. Preliminary Inspection of the Crime Scene and the Surrounding Areas
Preliminary inspection of the crime scene and of the surrounding areas are
predominantly carried out by the criminal police officers in cooperation with investigators
who are the relevant authority to examine the crime scene, and forensic technicians (CSI
technicians) collecting and preserving forensic evidence. Criminal police officers are
responsible for finding information on:
 Possible modus operandi,
 Concealing a crime,
 Perpetrator (description and identification of the perpetrator),
 Perpetrator´s motivation,
 Circumstances referring to perpetrator´s arrival and departure from the crime
scene area (mode and direction, driveways, pathways, description of any
vehicle used by the offender, timing, etc.),
 Number of perpetrators,
 Weapons (firearms, knives, other sharp objects, etc.) and other tools used to
commit the crime,
 Stolen items (money, jewellery, valuable items, etc.).
3. Search for a „Blazing Scent“(Hot Pursuit)
Sometimes it is possible to catch a criminal offender right at the crime scene or
nearby the crime scene. It is the main responsibility of the criminal police. In a police jargon
the activity is denoted as “search for a blazing scent”. It is needless to say that some
conditions and factors can influence the effectiveness of the process:
 Adequate time factors (an event is still fresh, a time when a crime has been
committed - night time or day time, presence of witnesses, a time when a crime has
been discovered and reported to the police after its commission, a swift arrival of the
police at the crime scene, etc.),
 Good quality and quantity of relevant information (information on perpetrator mostly description and identification of perpetrator; modus operandi; perpetrator´s
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GENERAL CRIME
arrival in and departure from the scene of the crime - especially type of transport,
direction of departure; obtain information from each witness, establish witness´
relationship or association to the victim and perpetrator, establish witness´
knowledge of modus operandi, etc.),
 Convenient location of the crime scene for the search (secluded places, streets,
parks, densely populated areas, distance from the police station, accessibility),
 Appropriate weather and climate conditions for the search,
 Availability police forces and means for this type of search.
4. Medical and Forensic Examinations of the Victim or Suspect
In order to verify a witness or a suspect statement, it is vital, especially for the victim,
to receive medical attention and undergo a forensic examination. Comparing the suspect
and the witness (or victim) statements may open up a new line of enquiry or help in
corroborating other information.
Particularly, preserving DNA evidence can be the key point to identifying the
perpetrators of crimes against morality (or sexual crimes). Victims should make every effort
to save anything that might contain the perpetrator’s DNA, therefore a victim should not:
bathe or shower, use the restroom, change clothes, comb hair, clean up the crime scene,
move anything the offender may have touched. Even if the victim has not yet decided to
report the crime, receiving a forensic medical exam and keeping the evidence safe from
damage will enhance the chances that the police can access and test the stored evidence at
a later date.
A forensic medical examination should be performed at hospital. To start, the
medical expert will write down the victim’s detailed history. This sets a clear picture of the
existing health condition, including medications being taken and pre-existing conditions
unrelated to the crime. Next there is a complex, detailed examination of the entire body
(including an internal examination). This may include a collection of blood, urine, hair and
other body fluid samples, photo documentation of injuries (such as bruises, cuts and
scratches), collection of clothing (especially undergarments).25
25
RAINN. Preserving and Collecting Forensic Evidence. Available at: http://www.rainn.org/getinformation/aftermath-of-sexual-assault/preserving-and-collecting-forensic-evidence.
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GENERAL CRIME
5. Operative Investigation of the Crime Scene and Surrounding Areas
Operative investigation on the crime scene and surrounding areas is carried out along
with crime scene examination. The purpose of this activity is:
 To seek, complete and verify information (with the aim to gather as much
information as possible on the modus operandi, or new evidence),
 To find potential witnesses (i.e. people who are able to give facts about what actually
happened) and take statements from them (with the aim to identify the suspect and
the causes, course and consequences of the incident by witnesses, to obtain
information on victim or aggrieved person - life style, contacts, habits, means, etc.).
Likely sources of witnesses include: residents in the immediate vicinity, passers-by,
and people working in the area, family and associates of the victim or suspect.26
6. Operative Investigation Related to the Victim or Aggrieved Person
The purpose of the operative investigation with regard to the victim is to find out the
information on the victim´s way of life, personal and family situation, financial situation,
personal contacts, and victim´s movements before and during commission of the crime.
Operative investigation into the aggrieved person focuses on verifying whether
staging or alteration of the crime scene (for example in cases of burglary or car theft)
occurred. In such cases the criminal police officers attempt to collect information on the
aggrieved person´s financial situation, life style and other background information to the
criminal case to be able to verify the reliability of statement.
Pursuing and understanding the staging issues when the staging was produced by the
perpetrator to misdirect the investigation is very important because if this issue is not
recognized on the scene, it is possible that an adequate scene examination will not be
completed and it can result in the waste of significant investigative resources. Recognition of
staging and alteration is certainly important, but another critical aspect is the recognition of
what is or isn´t evidence. Police officers often have incorrect information (e.g. instead of
shooting they have information on stabbing), therefore they must evaluate a full extent of
the scene, decide what are the pre- and post-incident artefacts and where to direct the
26
CENTREX. Murder Investigation Manual. Available at: http://library.college.police.uk/docs/appref/murderinvestigation-manual-redacted.pdf. p. 38.
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GENERAL CRIME
specific investigative techniques (e.g. fingerprinting efforts, chemical enhancements for
blood).27
7. Request, Analysis and Use of Preliminary Expert´s Opinions
Informal (Ad Hoc) crime scene analysis is often based on preliminary expert opinions
(before the post mortem examination or other laboratory tests and studies, usually on-thespot, i.e. right at the crime scene). In other words, informal crime scene analysis can be
equally useful as formal analysis (after completing the crime scene analysis, analysis of
artefacts and evidence and when all data is available for consideration). Informal crime
scene analysis is based on opinions and statements of experts, i.e. a medical examiner,
forensic expert or a crime scene technician (forensic science technician).
8. Suspect Identification
The suspects are normally identified after the completion and analysis of the initial
information. According to the knowledge of the police experts, “the suspects” are usually
people who are:
 Suspected of committing a crime based on the results of the operative investigation,
 Seen as potential perpetrators based on the criminal police officers’ local knowledge
and knowledge of the persons living in the area,
 Seen as potential perpetrators from among the persons registered in the police and
non-police information systems and databases (e.g. album containing photographs of
a large number of known criminals).
Criminal police officers are very often able to identify an offender according to the
modus operandi (the methods used by a criminal during the commission of a crime). Visual
identification of a stranger by the victim is possible as well. However everything should be
done quickly, as well as thoroughly.
27
GARDNER, R., M., BEVEL, T. Practical Crime Scene Analysis Reconstruction. Available at:
http://books.google.sk/books?id=ipC6mEYhqMC&pg=PA29&lpg=PA29&dq=on+the+spot+of+the+crime+scene&source=bl&ots=Ak7VwQmy3K&sig=CavDsnI
dS0dDsH2GrJeOuXuOVnI&hl=sk&sa=X&ei=5FbkUuPYHIby7Aa2t4HQBA&ved=0CFsQ6AEwBQ#v=snippet&q=%2
0spot&f=false.
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GENERAL CRIME
Sometimes it is necessary to take into consideration that criminals can commit a
different type of crime than those previously documented in the police files. Thus, criminal
police officers should keep their minds wide open and definitely focus on:
 Ascertaining the time and location where the suspect claims to have been (elsewhere
than at the crime scene at the time when the crime occurred),
 Verifying and completing the initial information with additional information from the
witnesses (alibi can be provided by any witness who can confirm the suspect being at
a different location than the investigated crime scene),
 Evaluating the verification, drawing conclusions and taking a decision on further
action.
Apart from that, criminal police officers should observe the suspect´s behaviour
during the interview to detect suspicious signals like hesitations or uncertainty, and try to
see potential injuries, observe the condition of clothing or footwear, etc.
In drawing conclusions, the criminal police officers should decide whether it is
possible to exclude a suspect as a criminal offender, or not. If not, it is important to
determine further steps in order to ensure the fulfilment of the task.
9. Use of Forensic Methods in Personal Identification
This step is closely connected with the previous step. It is used in cases where there
was a direct contact between the perpetrator and the victim or witness (face to face).
Therefore these persons are often able to describe or identify the suspect on the grounds of
their personal experience or perception of the suspect. Added to that we can use an album
of known perpetrators, or the IDENTIKIT (special tool designated for suspect identification).
10. Operative Patrolling in the Relevant Area
The operative patrols that are sent to certain areas can bring information used in
suspect identification or in operative investigation (explaining motives, causes, attempts of
suspect to conceal a crime, etc.). For that purpose, the patrols can be sent to the areas
where:
 The occurrence of the perpetrator is more likely than in other areas, e.g. suspect´s
place of residence, suspect´s close relative’s place of residence, close friends’ place of
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GENERAL CRIME
residence, hospitals (in case of injury), hiding places in the countryside, abandoned
buildings,
 The concentration of delinquents or troubled people (gamblers, drug users,
alcoholics, homeless, etc.) is higher, such as pubs and bars, hostels, railway or bus
stations,
 The perpetrator can sell or distribute stolen items, e.g. pawnshops, junk shops, used
car dealers, market places, flea markets, scrap material purchase,
 There may be a link to the particular criminal case, e.g. extremist or terrorist groups’
environment, restaurants, airports, night clubs.
The minimum requirement for effective police activity is to have some information
on the criminal offender’s identity, motivation, potential injury, stolen items, used weapons
and tools, and so on. In other words, we need to have information that could most likely
lead to the suspect’s identification. Usually it is necessary to adopt measures to identify the
perpetrator in a short period of time, as he can remove, destroy or alter evidence, influence
the victim and make the investigation more complicated. It is also important to take into
account that the offender might still be near the crime scene. In case of failed suspect
identification, the operative patrols would launch an operative search that should be
extensive, and continue in the next actions and operations of crime detection and
clarification.
11. Activation and Cooperation with a Network of Informants
Activation of an informants’ network should be done as soon as possible after the
crime has been committed or discovered. It is required that criminal police officers give
some instructions to particular informants (in order to obtain information on modus
operandi, motive, description of perpetrator, stolen items, etc.). At the same time they need
to apply an individual approach to the informants (considering their possibilities, skills,
environment in which they work, their profession, etc.). Concerning the instructions, there
are several ways of doing this, for example providing suspect typology, verification of alibi,
discovering stolen items, weapons or tools used during the commission of the crime, or their
hiding places, personal contacts of the suspects, accomplices, and so on.
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GENERAL CRIME
12. Formalization and Carrying Out of the Search for Criminals and Items
Criminal police officers are in charge of the formalization and carrying out of the
search for the criminals and items, in other words the search for criminal offenders,
weapons and tools used during the commission of a crime, for stolen items, and witnesses.
Appealing to public for cooperation (especially through public or regional media) often
proves as an effective way of solving the problems.
13. Data Acquisition, Study of Data from Various Types of Information Sources
An effective operative investigation requires work with various information sources
(not only from the police environment and sometimes not only from official sources). This is
why criminal police officers frequently use administrative information systems, civilian
information systems, municipal information systems, and the press (e.g. they usually study
advertising when they investigate property crime).
14. Formulation of Operative Search Versions
The operative search versions are working hypotheses that are used by criminal
police officers during their operative investigation. A hypothesis is a suggested explanation
for a group of facts (modus operandi, personality of the perpetrator, motive, etc.) or
phenomena (particular crime) and it is usually accepted as a basis for further verification.
The basis for forming and formulating of the operative working hypothesis is the
information which has been obtained from:
 Person who reported crime,
 Preliminary inspection of the crime scene and examination of the adjacent
areas of the crime scene,
 Operative investigation so far,
 Preliminary statements and opinions of forensic experts,
 Analysis of modus operandi, motives, personality or behaviour of the
perpetrator, etc.
Nevertheless, it is needed to distinguish an operative search version from an
investigation version (hypothesis). The main differences between them are:
 Subjects in charge (criminal police officers versus investigators),
78
GENERAL CRIME
 Methods leading to the proving or disproving of the working hypothesis
(methods and means of operative search activity versus traditional
investigative methods and means based on criminal law),
 Time factor (initial or subsequent phase of investigation),
 Use (informal information or evidence).
Although they differ in certain elements, we can find features that they have in
common:
 The same or similar process of their formation and verification
(methodology),
 The same or similar goal (to collect relevant information in order to solve and
close a criminal case successfully).
Chart 7
WORKING
HYPOTHESIS
OPERATIVE SEARCH
VERSIONS
INVESTIGATION
VERSIONS
METHODOLOGY OF FORMATION, FORMULATION AND PROVING TRUE (FALSE)
WHO?
WHEN?
WHY?
HOW?
criminal police operative
to
support
criminal methods,
means
officers
investigation
investigation by informal and
forms
of
(initial phase)
information
operative work
investigators
criminal
to provide evidence for investigative tools
investigation
criminal procedure (a of criminal
(subsequent
trial)
procedures
phase)
Differences between Operative Search Versions and Investigation Versions (Hypothesis)
Apart from that, quality, reliability, certainty and legal usefulness of information as an
informative output (products or results) depend on the type of the process (operative
investigation and criminal investigation). It means that the operative search versions are
built on uncertain, incomplete, preliminary and not always reliable information, but they are
important for further criminal investigation (have a direct impact on criminal investigation
and they can change the direction of the investigation, e.g. if criminal police officers suppose
that the crime has been pretended in order to gain illegal profit from an insurance company,
the investigators focus on collecting evidence about insurance fraud).
15. Planning and Verification of Operative Search Versions
Taking into account that each premise requires a conclusion, criminal police officers
try to support their presumptions with further information (to prove the existence or
nonexistence of presumed facts and their logical consequences). The planning or verification
of operative search versions includes a detailed preparation for the needed actions and
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GENERAL CRIME
operations (criminal police officers use methods, means and forms of operative search
activity). In terms of operative investigation at the crime scene and surrounding areas the
officers carry out searches of the persons, operative questionings (inquiries), and operative
check of suspects, surveillance, operative development or application of operative
techniques.
B. THE SECOND PHASE OF DETECTION AND INVESTIGATION (CLARIFICATION)
In case of insufficiency of the first phase of detection and investigation (clarification),
e.g. murder has not been solved so far, it is vitally important that police officers (criminal
police officers in cooperation with investigators) continue in the next phase (subsequent
operative search procedures or criminal investigation). Subsequent actions and operations
depend on the previous facts and information. Sometimes it is necessary to repeat some
actions and operations, but in the end they are able to obtain valuable and appropriate
information. This phase is divided into certain steps that are optional and may be adjusted as
needed (some steps can be merged into one; some steps may be skipped, etc.).
Scheme 16
1
2
3
4
5
6
7
8
•FURTHER SUSPECT IDENTIFICATION AND OPERATIVE INVESTIGATION
•FURTHER ACTIVATION OF INFORMANTS’ NETWORK
•ORGANIZATION AND APPLYING SEARCH ACTIONS IN THE AREA OF INTEREST
•OPERATIVE AND INVESTIGATIVE ANALYSIS IN A CRIMINAL FILE
•ANALYSIS AND USE OF FORENSIC EXPERTS' REPORTS
•MORE PRECISE SEARCH FOR PERSONS AND OBJECTS
•USE OF MASS MEDIA AND COOPERATION WITH THE PUBLIC
•OPERATIVE SEARCH OPERATIONS IN CUSTODY OR IN PRISON
9
•ANALYSIS OF CLOSED AND OPEN CRIMINAL CASES AND THEIR COMPARISON WITH THE
CURRENT CASE
10
•CRIMINAL ANALYSIS AND OFFENDER PROFILING AIMED AT UNKNOWN PERPETRATOR OF
SERIOUS CRIME
The Model of the Second Phase of Detection and Investigation
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GENERAL CRIME
1. Further Suspect Identification and Operative Investigation
Further suspect identification is usually used in cases when: the previous suspect
identification is not successful, or in further operative investigation it is established that the
offender might be someone else (change in the sphere of potential perpetrators). For
example, in the initial phase of operative investigation the criminal police officers have
discovered that the crime committed was not a robbery murder, but a sexual assault and
murder, therefore it is necessary to start a new line of suspect identification.
2. Further Activation of Informants’ Network
New information obtained through the operative methods and means of operative
investigation may result in the necessity to further activate the informants’ network. The
criminal police officers give instructions to their informants in order to obtain information on
the modus operandi, suspect identification, stolen objects, etc.
3. Organization and Applying Search Actions in the Area of Interest
It is important to ensure coherence among all of the used methods, means,
operations and actions of the operative search activity. It means that each activity of each
subject (mainly the criminal police officers involved in the operative investigation) should be
planned, prepared, organized and consistent. Their activity should be focused on the
reconnaissance of the area of interest, i.e. environment of criminals, market for selling of the
stolen items, place of criminal offender’s stay or permanent residence.
4. Operative and Investigative Analysis in a Criminal File
Operative and investigative analysis in the particular criminal file is required in
situations when it is expected that the operative investigation and criminal documentation
would take a long time, it would be complicated, or it would require more methods, means
and forms of operative search activity to close the criminal case. In this phase it is possible to
use the methods, means and forms of operative search activity that are enacted in the
Slovak Code of Criminal Procedure (surveillance, agent provocateur, eavesdropping,
interception, controlled delivery, pretended transport, and so on) and all obtained
information may be used as evidence in a court trial.
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GENERAL CRIME
Apart from that it is possible to use any methods, means and forms of operative
search activity that are enacted in the Act on the Police Force or other internal police
regulations. However, the information obtained under these acts and regulations cannot be
used as evidence in a trial. Both options - using the information as evidence in a trial, or as
supporting information in detection and clarification of crimes - should be taken into
consideration by the criminal police officers.
5. Analysis and Use of Forensic Experts’ Reports
In this phase, the statements of some experts, i.e. a medical examiner, an expert, or a
forensic science technician are already available, thus it is possible to use them for operative
investigation. Sometimes they can change the existing knowledge about the modus
operandi, where the traces came from, behaviour of the perpetrator or victim at the crime
scene or the place where the dead body was found, etc.
6. More Precise Search for People and Objects
Based on the information obtained from the previous phase it is possible to perform
a more precise search for the people and objects. In general, it means that the criminal
police officers can use more detailed:
 Description of the perpetrator or other relevant people (victims, aggrieved persons
and witnesses),
 Description of stolen items, weapons or other tools used in the commission of crime
(their more accurate picture, detailed list of stolen objects, more accurate
information on the distinguishing features which can facilitate the identification),
 Modus operandi.
7. Use of Mass Media and Cooperation with the Public
In certain open cases it can be useful to appeal for information through national mass
media. The request for cooperation with various subjects (people, organizations, security
forces, etc.) can bring further information helping to expand the knowledge in the current
criminal case and may result in criminal arrest, finding key evidence or solving other
investigation problems.
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GENERAL CRIME
8. Operative Search Operations in Custody or in Prison
Operative search operations in custody or in prison include:
 Operative questioning of arrested or imprisoned persons who spent certain time in
the same prison cell as suspects,
 Operative questioning of arrested or imprisoned persons who were placed into the
prisons and other correctional institutions a short time ago or after committing the
investigated crime (expecting positive suspect identification),
 Search prisoner’ personal clothing and other belongings with the purpose of finding
objects or traces related to current case.
In addition to that it is possible to perform operative search operations in hospitals in
order to find information on injuries the suspect may have sustained in the commission of
the crime.
9. Analysis of Closed and Open Criminal Cases and their Comparison with the Current Case
In general, an analysis is the process of breaking up a complex issue into smaller parts
in order to gain a better understanding of it. A crime analysis is a law enforcement function
that involves systematic activity for the purpose of identifying and analysing the patterns
and trends in crime and other antisocial activities. Moreover, the analysis of closed and open
criminal cases and their comparison with the current case is a specific type of crime analysis
which is used in the process of crime detection and clarification.
Criminal police officers should focus on studying of closed and open criminal cases
that are similar in their characteristics, such as the:
 Modus operandi - e.g. the same tools, weapons were used; the perpetrator
left similar traces;
 Modus of concealment - e.g. the perpetrator used gloves, killed the witness,
etc.;
 The same type of crime, e.g. burglary and burglary, property crime and
property crime, etc.).
The reason for that is to find out whether a similar crime has been committed in the
past (crimes committed in series or repeated crime - both committed by the same
perpetrator; perpetrator only continues with committing a single type of crime - recidivism,
83
GENERAL CRIME
etc.). All the mentioned aspects can finally lead to a positive suspect identification or
successful operative investigation.
Scheme 17
CURRENT
CRIMINAL CASE
DIFFERENT CRIMINAL CASE
MODUS
OPERANDI
MODUS OPERANDI
PERPETRATOR
(OPEN OR CLOSED)
PERPETRATOR
Model of Analysis and Comparison Used in Operative Investigation
10. Criminal Analysis and Offender Profiling aimed at Unknown Perpetrator of Serious
Crime
Criminal analysis and offender profiling (criminal or psychological) is aimed at suspect
identification through the psychological, social, demographical and other features of the
unknown perpetrator. Apart from that, it can help the police target their investigation more
effectively (select the most likely operative or investigation versions, the most appropriate
strategy of suspect interrogation, or other forensic methods).
Profiling generally refers to the process of using all the available information about a
crime, a crime scene, and a victim in order to compose a profile of the (as yet) unknown
perpetrator.28
Based on the traces at the crime scene, i.e. revealed modus operandi, it is possible to
derive such information as personal characteristics, mental abilities, temperament,
personality or the motivation of the perpetrator.
Offender profiling cannot be used in situations when the modus operandi is simple,
inconspicuous or without peculiarities (we need an individual “signature” of the perpetrator,
some specific signs). Moreover, not every type of crime is suitable for offender profiling. The
most appropriate crimes are those where:
28
SAMMONS, A. What is offender profiling? Available at:
http://www.psychlotron.org.uk/newResources/criminological/A2_AQB_crim_whatIsProfiling.pdf.
84
GENERAL CRIME
 The modus operandi was unique and unusual,
 The perpetrator left sufficient amount of traces at the crime scene,
 The traces indicate that perpetrator might suffer from a an antisocial personality
disorder or psychopathy,
 Cases of sadistic murder, sexual assault and murder, ritual murder, rape, sexual
abuse, arson without obvious motivation of perpetrator, kidnapping and extortion,
intimidation, etc.
All the mentioned phases are hypothetic and optional; it means that a particular case
requires an individual approach of the criminal police officer or investigator. Internal order,
practical performance, results and effects are frequently influenced by time and information
factors, level of mutual police cooperation and used strategy.
1. What are the main phases of the operative and criminal investigation?
2. What does the “preliminary inspection of the crime scene and of the surrounding
areas” involve?
3. What are the basic conditions and factors of effective “hot pursuit” (searching for a
blazing scent)?
4. How can a suspect identification be achieved?
5. Where should the “operative patrolling” be performed?
6. What are the main differences between an operative search version and an
investigation version?
7. What does “the area of interest” mean?
8. What are the main reasons for the operative search operations in custody or in
prison?
9. How should the analysis of closed and open criminal cases and their comparison with
the current case be done?
10. Describe the criminal analysis and offender profiling (aims and limits).
85
GENERAL CRIME
General crime forms the biggest part of all crimes detected by the Slovak Police Force
(in 2014 it was nearly 60 %). This type of crime violates the fundamental human rights and
freedoms such as life, health, property, freedom of sexual decision-making, personal
freedom and so on. The mentioned facts show that general crime includes four basic
categories of crime, i.e. crime against morality, property crime, violent crime and other
crimes (extremism, drug-related crimes, juvenile crimes, etc.). The modus operandi of these
crimes has similar features, and a general subject and object of the body of the. Thus the
methodology of crime detection and investigation is based on the same ground.
Police theoreticians and practical experts hold opinions that the model of detection
and investigation of general crimes is divided into two basic phases in accordance with the
chronological order (initial and subsequent phase). Each phase involves typical procedures,
steps, operations and tasks. Some of them (obligatory ones) should be done as soon as
possible after the commission or discovery of the crime, while some of them may be skipped
temporarily or merged. The most important idea is that each criminal case is specific and
requires an individual approach of the police officers (different tactics, techniques,
methodology, participants, and level of cooperation with other subjects).
In the Slovak Republic, the police officers from the Criminal Police Bureau of the
Presidium of the Police Force and criminal police departments at regional police
headquarters are responsible for the detection and operative investigation of the general
crimes. In fact, there is a necessity of a close cooperation with the criminal investigators and
other subjects (general public, victims, aggrieved persons, witnesses, informants’ network,
other security forces, etc.). Quality and quantity of information, as well as information
sources play a key role here and it is crucial that criminal police officers systematically,
actively and determinedly collect and analyse information.
86
GENERAL CRIME
Bibliography
CENTREX. Murder Investigation Manual. [online]. National Centre for Policing Excellence,
2006. [accessed August 21, 2014]. Available at:
http://library.college.police.uk/docs/appref/murder-investigation-manual-redacted.pdf.
GARDNER, R., M., BEVEL, T. Practical Crime Scene Analysis Reconstruction. [online]. CRC
Press, 2009. [accessed August 21, 2014]. http://books.google.sk/books?id=ipC6mEYhqMC&pg=PA29&lpg=PA29&dq=on+the+spot+of+the+crime+scene&source=bl&ots=Ak7VwQ
my3K&sig=CavDsnIdS0dDsH2GrJeOuXuOVnI&hl=sk&sa=X&ei=5FbkUuPYHIby7Aa2t4HQBA&v
ed=0CFsQ6AEwBQ#v=snippet&q=%20spot&f=false.
RAINN. Preserving and Collecting Forensic Evidence. [online]. [accessed August 21, 2014].
Available at: http://www.rainn.org/get-information/aftermath-of-sexual-assault/preservingand-collecting-forensic-evidence.
SAMMONS, A. What is offender profiling. [online]. [cit. 2014-8-21]. Available at:
http://www.psychlotron.org.uk/newResources/criminological/A2_AQB_crim_whatIsProfiling
.pdf.
87
CRIMES AGAINST MORALITY
3 CRIMES AGAINST MORALITY
MONIKA HULLOVÁ
88
3.1 Phenomenology
While it is argued that all crimes have a general immoral basis that is condemned as
wrong or bad and forbidden by the society, there is a specific group of offences which is in
many societies labelled as “crimes against morality”, or “sexual crimes”. These crimes share
the following common characteristics:
 They tend to have a sexual basis,
 They are often intend to do sexual harm,
 They are argued to be victimless crimes (when the acts occur between consenting
adults),
 They are considered essentially private acts, but they often occur and are
regulated in the public domain,
 They have been recognized and regulated by the state as a criminal offence
relatively recently (in the past 150 years)29
In theoretical literature there are many definitions of crimes against morality,
generally known as crimes against public or private morality or sexual morality. On the other
hand, the term “crime” generally refers to “conduct that is considered contrary to
community standards of justice, honesty, or good morals”. The legal concept describes the so
called “moral turpitude” as a level of crime seriousness (certain crimes involve moral
turpitude and some of them do not).
“When we use the term morality in everyday language, we are usually referring to a
descriptive account of social mores or personal conviction about the general kinds of
behaviour in which people in a society should engage.”30
In the theory of operative search activity (according to our knowledge and respecting
the specifics, history and tradition of our region and law) we use the following definition of
crime against morality:
29
CARPENTER, B., HAYES, S. Crimes against morality. Available at:
http://www.academia.edu/215622/Crimes_Against_Morality.
30
89
Crime against Morality
 is a type of crime (socially unacceptable, historically determined phenomenon) which
consists of criminal acts that threaten or harm the interest protected by the society:
 life and health of the citizens,
 healthy development of young people,
 freedom in making a decision on sexual relationship,
 moral principles of the society
The given definition indicates that each crime against morality is strictly specific and
not all the interests protected by the society must be threatened or harmed in one (specific)
crime against morality. For example, prostitution can be done voluntarily, without unhealthy
effects on the prostitute and only “the moral principles” are to be considered (as threatened
or harmed interests protected by the society).
According to theoretical knowledge there are many aspects that can be used to
characterize this phenomenon (some of them will be specified in more details).
According to the interest protected by the society the crime against morality is a
type of general crime. The structure of general crime may be represented as follows:
Chart 8
GENERAL
Property Crime
CRIME
Violent Crime
Other General Crimes
Structure of General Crime
The statistical data (number of crimes recorded by the Police Force of the Slovak
Republic in 2014) indicates that the proportions of the types of crime are rather unequal, as
can be seen in the chart below.
90
Chart 9
Economic Crimes
21%
Other Crimes
Except GC
19%
Crimes against
Morality
1%
Other GC
59%
Structure of Total Crime Rate in the SR in 2014
Legend: GC - general crime
Research (2011) shows, that as many as 1 in 3 girls and 1 in 7 boys are sexually
abused at some point in their childhood. About 18 % of women have been raped during their
lifetime. Although the percentage rate of crime against morality is very little (in 2014 - in
general crime it was 1.75 %, and in all criminality it was 1.04 %), the social gravity of this type
of crime is high.
The Slovak legislation stipulates that certain cases of crimes against morality the
perpetrator can be sentenced to imprisonment for 20 - 25 years, or for life. These cases
include rape, sexual violence, and sexual abuse, child pornography, trafficking in human
beings and pimping.
According to social gravity, three categories of crimes are defined in the Slovak
criminal law:
MISDEMEANOURS
e.g. Exposing others to human immunodeficiency virus by negligence (Section 166), Exposing
others to venereal diseases (Section 167), Placing a child under the control of another
(Section 180), Sexual abuse (who makes a person under 18 years of age to have extramarital
intercourse, or who otherwise subjects such person to other sexual abuse; if such person has
been placed under his care or custody, or has been dependent on him; in exchange for
money) (Section 202), Sexual intercourse between relatives (Section 203), Corrupting morals
of youth (Section 211), Procuring and soliciting prostitution (Section 367), Possession of child
pornography (Section 370), Corrupting morals (Section 371)
91
FELONIES
e.g. Exposing others to human immunodeficiency virus - intentionally (Section 165),
Trafficking in human beings (Section 179), Placing a child under the control of another (who
obtains larger benefit; acts in a more serious manner) (Section 180, 181), Rape (Section 199),
Sexual violence (Section 200), Sexual abuse (who has sexual intercourse with a person under
15 years of age, or who subjects such person to other sexual abuse; or who acts against a
person under 18 years of age who was forced to do so, acting in obedience, under duress or
threat) (Section 201, 202), Procuring and soliciting prostitution (who commits the offence
against a protected person; obtains substantial benefit; as a member of dangerous grouping)
(Section 367), Manufacturing and dissemination of child pornography (Section 368, 369),
Corrupting morals (who obtains substantial benefit) (Section 371)
PARTICULARLY SERIOUS FELONIES
e.g. Trafficking in human beings (who obtains substantial benefit; causes grievous bodily
harm or death, or other particularly serious consequence; as a member of dangerous
grouping) (Section 179), Placing a child under the control of another (who causes grievous
bodily harm or death, or other particularly serious consequence) (Section 180, 181), Rape
(who causes grievous bodily harm or death; acts under a crisis situation) (Section 199), Sexual
violence (who causes grievous bodily harm or death; acts under a crisis situation) (Section
200), Sexual abuse (who causes grievous bodily harm or death; acts under a crisis situation)
(Section 201), Procuring and soliciting prostitution (who causes grievous bodily harm or
death; (Section 367), Manufacturing of child pornography (who obtains substantial benefit;
causes grievous bodily harm or death; as a member of dangerous grouping) (Section 368)
According to the manner of commission of a crime, certain crimes against morality
are organized, or internationally organized, e.g. trafficking in human beings or in children,
pimping, and child pornography. Organization simplifies the way of committing the crime,
brings higher financial profit, helps avoid criminal prosecution, etc.
According to the way and form of its demonstration, most of the crimes against
morality are latent, which means that there is a chance for the crimes not to be revealed by
the police. The causes vary, sometimes it is caused by the perpetrators (they usually make
an effort not to be caught at the crime scene), but most of the times it is caused by the
92
victims. For example, the victims of property crime usually do not hesitate to announce the
incident to the police, but the victims of crimes against morality feel inhibited to do so (due
to shame, sense of inferiority, anxiety, fear of revenge, etc.).
According to the number of crimes, most of the crimes against morality are
committed in series (multiple-offense), take longer time and there is quite a high level of
recidivism (in 2014 - 6 % of repeated crimes against morality, 9 % in violent crime, 11 % in
property crime, 4 % in economic crime). The reason is the internal motivation of the
perpetrator (not infrequently it is a sexual deviation - researches suggest it constitutes one
fifth of these crimes). It means that the criminal act usually is not a one-off incident, mainly
in the cases of rape, sexual abuse, trafficking in human beings, child pornography, pimping,
etc.
Crimes against morality are regulated by the Criminal Code, but in the Slovak criminal
law these types of crimes are not concentrated in one specific part of the act. The sections
related to crimes against morality are dispersed in the Chapters No 1, 2, 3 and 9 of the Act
No 300/2005 (Criminal Code).
Chart 10
Chapter 1:
Offences against
Life and Health
Chapter 2:
Offences against
Freedom and Human Dignity
•§ 144 First Degree Murder (sexual motive)
•§ 145 Second Degree Murder (sexual motive)
•§147, 148 Manslaughter (sexual motive)
•§ 155, 156, 157 Bodily Harm (sexual motive)
•§ 165, 166 Exposing Others to Human Immunodeficiency Virus
•§ 167 Exposing Others to Venereal Disease
•§ 179 Trafficking in Human Beings
•§ 180, 181 Trafficking in Children
•§ 199 Rape
•§ 200 Sexual Violence
•§ 201, 202 Sexual Abuse
•§ 203 Sexual intercourse between Relatives
Chapter 3:
Offences against
•§ 211 Corrupting Morals of Youth
Family and Youth
Chapter 9:
Offences against
Other Rights and Freedoms
•§ 367 Procuring and Soliciting Srostitution
•§ 368 Manufacturing of Child Pornography
•§ 369 Dissemination of Child Pornography
•§ 370 Possession of Child Pornography
•§ 371, 372 Corrupting Morals
Legal Structure of Crimes against Morality according to the Slovak Criminal Code
93
Generally, in Slovakia in 2014 the most frequent types of crimes against morality
were: sexual abuse (538 criminal cases), rape (87 criminal cases), child pornography (66
criminal cases), other sexual deviation (61 criminal cases), sexual violence (54 criminal
cases), trafficking in human beings (15 criminal cases), procuring and soliciting prostitution
(11 criminal cases), exposing others to human immunodeficiency virus and venereal diseases
(8 criminal cases), and corrupting morals (3 criminal cases). The proportion of the main types
of crimes against morality is presented in the chart below.
Chart 11
Trafficking in Human
Beings
2%
Corrupting Morals
0%
Sexual
Violence
7%
Exposing Others to HIV
and Venereal Diseases
1%
Child
Pornography
9%
Other Sexual
Deviation
8%
Others
1%
Procuring and
Soliciting
Prostitution
2%
Sexual Abuse
70%
Proportion of the Main Types of Crimes against Morality in the Slovak Republic in 2014
In 2014, estimated 851 crimes against morality occurred in the Slovak Republic,
which was a decrease by 18 % from the year 2011. When considering the fourteen-year
trend, the 2013 total number of crimes against morality was nearly the same as in 2007 and
the 2014 total number of crimes against morality was nearly the same as in 2003. The
highest level of crimes against morality occurred in 2011 (1,041 criminal cases) and has had a
decreasing trend since. The Police Force of the Slovak Republic recorded the lowest level of
crimes against morality in 2010 (678 crimes). As can be seen in the chart below, the number
of crimes against morality (according to the fourteen-year trend) has been fluctuating.
94
Chart 12
1200
number of crimes
1000
800
600
400
200
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Rate of the Crimes against Morality (the fourteen-year trend: 2001-2014)
1. Why is criminality against morality dangerous in spite the quantitative
aspects (reasons for social gravity of this type of crime)?
2. Where does crime against morality belong according to the criteria of
interests protected by the society?
3. Analyse why crimes against morality are frequently committed in series, take
longer time or there is a high level of recidivism in comparison to other types
of crimes?
95
3.2
Methodology of Crime Detection and Investigation
As it was mentioned before, crime against morality is very dangerous and it is
extremely difficult to fight against this negative social phenomenon.
The process of detection of the crime has certain specific features that are
determined by the type of the crime. It is useful to introduce the following:
In general, crimes against morality may be considered as “reported crimes”. It means
that we know about the crimes from the people who report the events within a legal
procedure. We call them “reporters” (official or unofficial reports to authorities) although
there is a certain amount of latency. Based on the latest researches approximately 30 % of
these cases are reported to law enforcement bodies, which is definitely not sufficient. As a
result it is very important to improve the detection process by using the methods, means
and forms of operative search activity (network of informants, undercover activity, informal
interrogation and questioning of people). Apart from the facts mentioned above, it is
important to focus on general indicators (occurrence of warning signs that somebody is a
victim or perpetrator of sexual crime).
1. VICTIM
 Behaviour typically found in children and adolescents:
 Has nightmares or other unexplained sleep problems,
 Seems distracted or distant at odd times,
 Has a sudden change in eating habits (refuses to eat, loses or drastically
increases appetite, has trouble swallowing),
 Sudden mood swings: rage, fear, insecurity, or withdrawal,
 Gives “clues” that seem likely to provoke a discussion about sexual issues,
 Develops new or unusual fear of certain people or places,
 Refuses to talk about a secret shared with an adult or older child,
 Talks about a new older friend,
 Suddenly has money, toys, or other unexplained gifts,
 Thinks of self or body as repulsive, dirty, or bad,
96
 Exhibits adult-like sexual behaviours, language, and knowledge.31
 Behaviour more typically found in young children:
 An older child behaving like a younger child (such as bed wetting and thumb
sucking),
 Has new words for private body parts,
 Refuses to remove clothes when appropriate (bath, bed, toileting, diapering),
 Asks other children to behave sexually or play sexual games,
 Mimics adult-like sexual behaviours with toys or stuffed animals,
 Wetting and soiling accidents unrelated to toilet training.
 Behaviour more typically found in adolescents (teens):
 Self-injury (cutting, burning),
 Inadequate personal hygiene,
 Drug and alcohol abuse,
 Sexual promiscuity,
 Running away from home,
 Depression, anxiety,
 Suicide attempts,
 Fear of intimacy or closeness,
 Compulsive eating or dieting32
 Behaviour more typically found in adults:
 Fear responses to reminders of the assault,
 Pervading sense of anxiety, wondering whether it is possible to ever feel safe
again,
 Re-experiencing assault over and over through flashbacks,
 Problems concentrating and staying focused on the task at hand,
 Guilty feelings,
 Developing a negative self-image, feeling “dirty” inside or out,
31
Stop It Now. Warning Signs in Children and Adolescents of Possible Child Sexual Abuse. Available at:
http://www.stopitnow.org/warning_signs_child_behavior.
32
Stop It Now. Warning Signs in Children and Adolescents of Possible Child Sexual Abuse. Available at:
http://www.stopitnow.org/warning_signs_child_behavior.
97
 Anger,
 Depression,
 Disruptions in close relationships,
 Loss of interest in sex.33
2. PERPETRATOR:
 Indicators that might suggest someone is sexually abusing a child:
 Making others uncomfortable by ignoring social, emotional, or physical
boundaries or limits,
 Refusing to let a child set any of his or her own limits; using teasing or
belittling language to keep a child from setting a limit,
 Insisting on hugging, touching, kissing, tickling, wrestling with, or holding a
child even when the child does not want this physical contact or attention,
 Turning to a child for emotional or physical comfort by sharing personal or
private information or activities that are normally shared with adults,
 Frequently pointing out sexual images or telling inappropriate or suggestive
jokes with children present,
 Exposing a child to adult sexual interactions without apparent concern,
 Having secret interactions with teens or children (e.g., games; sharing drugs,
alcohol, or sexual material) or spending excessive time e-mailing, textmessaging, or calling children or youth,
 Being overly interested in the sexuality of a particular child or teen (e.g., talks
repeatedly about the child's developing body or interferes with normal teen
dating),
 Insisting on or managing to spend unusual amounts of uninterrupted time
alone with a child,
 Seeming “too good to be true” (e.g., frequently babysits different children for
free, takes children on special outings alone, buys children gifts or gives them
money for no apparent reason),
 Frequently walking in on children/teens in the bathroom,
33
NSOPW. Learn the warning signs : Recognizing Sexual Abuse. Available at:
http://www.nsopw.gov/en/Education/RecognizingSexualAbuse?AspxAutoDetectCookieSupport=1.
98
 Allowing children or teens to consistently get away with inappropriate
behaviour.34
 Indicators that might suggest someone commits other types of sexual crimes:
 Insoluble changes in life styles (very expensive life style although the official
proceeds, earnings or declared job logically cannot provide it),
 Indicators of money laundering (keeping in unprofitable business),
 Frequent motion of some people with a large number and various young girls,
 Giving suspicious advertisement in newspaper, internet, etc. about very
attractive work abroad, exclusively for young girls, language skills are not
necessary, etc.
Recognizing a sexual crime can be difficult, and so is the gathering of information
(traces and evidence). The possible explanations, causes, motives and reasons can vary from
case to case. Moreover, it regularly occurs that victims do no cooperate with the police
(they do not report a crime or do it after a very long time). They feel ashamed, frightened or
dependent on the perpetrator - emotionally, psychologically, or financially. There are cases
when sexually abused children often wait with reporting until adulthood. Apart from that,
the classical methods of police work are not very effective here (proactive approach is
required) and a post traumatic therapy is also necessary.
Specific approach is required in contact with victims due to their age or their mental
state (children or persons with a mental disorder), their emotional, mental and physical
condition (they could have a problem to describe what happened, how it happened, who
was the perpetrator; they may feel anger, fear, guilt, loss of control, powerlessness,
embarrassment, depression, isolation, denial, shame, disbelief, self-blame, emotional shock,
etc.). The police use psychologists, psychotherapists, video recording during interrogation
(not to repeat the interrogation and prevent the negative emotional and psychological
condition), special “dolls” with the primary and secondary sex characteristics (to facilitate
the description of the modus operandi of the perpetrator), and so on.
If the victim is considering filing a police report, the right timing plays a key role here.
Reporting the crime (medical examination) after assault should be done as soon as possible.
34
Palmetto Citizens against Sexual Assault. Warning signs. Available at: http://palmettocasa.com/warningsigns/.
99
Literature recommends: not to bathe, shower, and change clothes (bring the clothes,
underwear), not to eat, drink, smoke, gargle, or urinate prior to the exam. The reason why
the victim should follow the advice is providing accurate evidence.
Offenders can be various (adults or juveniles, male or female, and of any age). Most
of them know their victims and are either related to them, in a relationship with them, in a
position of authority over the minor (parents, teacher, trainer, etc.), or otherwise
acquainted. Based on the researches35, approximately 47 % of perpetrators (which abuse or
molest children) are members of family or extended family. The typical offender of this type
of crime is an upper-middle-class, educated male aged between 25 and 45. Nowadays, the
Internet is increasingly used for solicitation and trafficking in child pornography. Another
type of sexual offenders is also very insidious because they use alcohol or drugs to erase the
memories of the victims. The modus operandi is typically as follows: the victim meets a
respectable-looking person who secretly slips drug into the victim´s drink. Totally unaware,
the victim is taken to an apartment where they are raped, sodomized or photographed. She
later awakes somewhere else unaware of what has happened. She may only realize 24 to 48
hours later that she has been sexually assaulted, very often too late for the most useful
examinations. Slovakia has a big problem with trafficking in human beings; however, there is
a high level of latency. A lot of young girls or women are trapped by attractive job offers
abroad.
Collecting information (evidence) at the crime scene is very specific. The most
valuable evidence in cases of crimes against morality is biological evidence that contains
DNA, such as semen, hairs, blood, but also fingerprints or fibres. Collecting this type of
evidence requires the use of forensic light sources (special lamps with a long-wave
ultraviolet light) under the light of which the biological traces appear as strongly florescent.
Both the victim´s body and their clothing should be examined under the forensic light. Other
evidence may be used in crime detection and investigation, such as the documentation of
external damage (fingernail scrapings, bruises, laceration or extensive physical trauma
requiring hospital treatment or resulting in death), victim´s clothing that not only tell us if
the struggle ensued because for example the bottoms were missing or the clothing was torn,
but may reveal evidence from vaginal or anal discharge (internal damage). Sometimes
35
OĆONNOR, T. Investigation of the Violent Crime Exemplar. Available at:
http://www.drtomoconnor.com/3220/3220lect03.htm.
100
footwear impressions and evidence of alcohol consumption or drugs can be assumedly
useful.
Figure 29
Figure 30
29. Evidence on the clothes
30. Evidence on the body
Many victims are seriously traumatized, therefore a medical examination should be
provided sensitively (e.g. female may feel more comfortable with a female physician).
Typical examination should follow certain requirements that are expressed in these steps
(especially in cases of rape and sexual assault).
 Obtaining general information on:
 Demographic data of the victim, the custodian (if the victim is under age),
 Police officer,
 Place and date of examination.
 Obtaining specific information on:
 Circumstances of assault (date, time, location; assailants - name, description;
use of threats, restraints or weapon; type of sexual contact - vaginal, oral,
rectal, with condom; types of extra-genital injuries sustained; occurrence of
bleeding; occurrence and location of ejaculation by the assailant),
 Activities of the victim after the assault (douching, bathing; use of tampon or
sanitary napkin; urination or defecation; changing of clothing; eating or
drinking; use of toothpaste, mouthwash, enemas, or drugs),
 Other facts (last menstrual period; date of previous coitus; contraceptive
history).
 Physical examination:
 Extra-genital trauma to any area,
101
 Genital trauma,
 Foreign material on the body (stain, hair, dirt, twigs),
 Examination with a special lamp or colposcopy.
 Further data collection:
 Condition of clothing; small samples of clothing,
 Hair samples; semen encrusted pubic hair; clipped scalp, etc.,
 Semen, blood, urine, saliva, smears of buccal mucosa; fingernail clippings or
scrapings; other samples.
 Laboratory testing:
 Acid phosphatase to detect presence of sperm,
 Saline suspension from the vagina,
 Tests for syphilis and other sexually transmitted diseases in the victim.36
Apart from that, for successful criminal investigation it is important to provide:
 A verification of alibi,
 A verification of motives (false accusation, false confession),
 A verification of operative search versions:
1. A crime has happened,
2. A crime has not happened,
3. A crime has been pretended,
 Focusing on the negative circumstances (we may fail to notice some evidence which is at
the crime scene, or, on the other hand, some evidence present at the crime scene
although it should not be there.)
Crimes against morality belong to the category of “contacted” and “reported”
crimes. By the term “contacted crime” we mean that the victim and the perpetrator are
(were) in a mutual contact and the victim is usually able to describe the perpetrator. That is
in contrast with, for example, cases of property crime where the victim is not in contact with
the offender and does not normally see them committing the crime, stealing things etc.
However, quite a high number of reported crimes against morality are successfully clarified.
36
Merck Manuals. Medical Examination of the rape Victim. Available at:
http://www.merckmanuals.com/professional/gynecology_and_obstetrics/medical_examination_of_the_rape_
victim/medical_examination_of_the_rape_victim.html.
102
In terms of “reported crime”, it is necessary to take into consideration that we frequently
learn about the crimes against morality just through reports to the law enforcement bodies,
and then through detection (activity of criminal police). Both aspects have their effect on the
high level of clarification (closed cases) which means that the effectiveness of this process
according to the statistical data is valued positively (in 2014 the clarification rate was 79.08
%).
This category includes the offences of pornography and prostitution; they also called
victimless crimes (when the victims are consensual adults). Prostitution in modern nations is
managed in three distinct ways:
1. Prostitution is prohibited and criminalized (in most states of the USA, Japan, India, the
Philippines, Iceland, South Australia, etc.).
2. Prostitution is legalized (Slovakia, Austria, Switzerland, Singapore, Senegal, Greece,
Turkey, France, Belgium, etc.).
3. Prostitution is decriminalized (New Zeeland, Netherlands, Germany, Russia, Portugal,
Spain, Denmark, the Czech Republic, the state of New South Wales) which means that
all forms of prostitution are legal but restricted in certain areas, i.e. away from schools,
churches. It can include a control of sexually-transmitted diseases (inspection of all
known prostitutes) and tax collection.37
Before 1989, in Slovakia prostitution remained a criminal offence, but nowadays it is
legalized and the state does not interfere into it (keeping a brothel, selling and buying sex for
money, street prostitution is legal). Otherwise certain prostitution-related activities including
pimping and trafficking in human beings are illegal.
Homosexuality in Slovakia is legal but not generally accepted as traditional sexual
behaviour, and homosexual marriage, despite the legislative trends and proposals, has not
been approved, yet).
Rapid advances in science, technology, new types of crimes, new modus operandi,
international organized crimes, have resulted in changes to the organizational structure of
the law enforcement bodies and their higher specialization. In Slovakia we have criminal
police (operative departments of the Criminal Police Division and the Criminal Police Bureau
37
103
on the low, middle and top level of management) which is responsible for the detection and
clarification (investigation) of these categories of crimes.
Detection of the crime is (by and large) divided into the following phases:
1. A report or suspicion that crime has been committed,
2. Initial or preliminary assessment whether a crime has been committed (collecting
information, analysis, synthesis),
3. Assignment to an investigator (an official task to start the investigation).
Relevant literature and Slovak legislation recognize three categories of means and
methods (possibilities) how to detect and investigate these crimes (to solve these problems):
1. Classical methods of police work regulated by special law: asking for explanation and
information, apprehending people, seizing things, search of vehicles, search of persons,
search of other places, checking car documents, passports, etc.,
2. Offensive methods of police work according to the need of criminal procedure:
interception, recording of telecommunications, video recording, audio recording,
surveillance, cross-border surveillance, undercover agent, etc.,
3. Other methods and forms of OSA regulated by special acts of law and internal
regulations: informant, criminal intelligence, undercover documents, objects and places
used under the legend, search in records, “operative blocking”, operative check
(examination), operative questioning, operative legends and combinations, etc.
All victims of crimes against morality (whether living or dead) should be examined in
the same manner as the living victims. Since the model of detection and investigation of
general crime was mentioned in the previous chapter and is also applicable here, it is not
necessary to explain it in detail.
1. What are the specific features of crime detection and investigation of crimes
against morality?
2. Describe the system of detection and investigation (through its 3 categories).
3. Should prostitution be legalized all over the world? Why yes or why not?
104
In this chapter we have not only discussed the current significance of the crimes
against morality, but have also focused on the detection process, its specific features and
effective methodology of detection and clarification (investigation).
The specific features of crime against morality are:

It is a part of general crime.

It belongs to the category of “contacted crime”.

It is characterized as “reported crime”.

Offences against morality tend to have a sexual basis and they are often argued
to cause sexual harm.

Some crimes against morality are organized, or internationally organized,
especially the cases of trafficking in human beings or in children, pimping and
child pornography.

Most of the crimes against morality are latent, which means that there is a
chance for crimes not to be revealed by the police.

Most of the crimes against morality are committed in series, take longer time
and there is a rather high level of recidivism.
The activity of the criminal police usually starts with the report or suspicion that a
crime has occurred; it is followed by the preliminary assessment whether a crime has
occurred, and then the case is assigned to an investigator who can use other procedural
methods and means. Effective operative work (focusing on problematic areas, monitoring
situation, public sources, internet, work trade, supply and demands, current trends, general
and specific indicators, warning sings, etc.) plays a key role in affecting the final results of the
process.
In crimes against morality the specific features of crime detection and investigation
are:

Classical methods of police work are not very effective (proactive approach is
required).

Collecting information (evidence) at the crime scene we should focus on
biological traces. It is also necessary to verify the alibi, find the motives, verify
the operative search versions and focus on the negative circumstances.
105

Victims often refuse to cooperate with the police.

If the victim is considering filing a police report, the right timing plays a key
role.

Specific approach is necessary in a contact with the victims due to their age,
mental state, and emotional, psychological and physical condition.

Post traumatic therapy of the victim is also desirable.
106
Bibliography
CARPENTER, B., HAYES, S. Crimes against morality. [online]. Academia, 2014. [accessed
August 21, 2014]. Available at: http://www.academia.edu/215622/Crimes_Against_Morality.
Merck Manuals. Medical Examination of the rape Victim. [online]. Aug., 2013. [accessed
August 21, 2014]. Available at:
http://www.merckmanuals.com/professional/gynecology_and_obstetrics/medical_examina
tion_of_the_rape_victim/medical_examination_of_the_rape_victim.html.
NSOPW. Learn the warning signs : Recognizing Sexual Abuse. [online]. The U.S. Department
of Justice. [accessed August 21, 2014]. Available at:
http://www.nsopw.gov/en/Education/RecognizingSexualAbuse?AspxAutoDetectCookieSupp
ort=1.
OĆONNOR, T. Investigation of the Violent Crime Exemplar. [online]. APSU, Aug., 2010.
[accessed August 21, 2014]. Available at:
http://www.drtomoconnor.com/3220/3220lect03.htm.
Palmetto Citizens against Sexual Assault. Warning signs. [online]. [accessed August 21,
2014]. Available at: http://palmettocasa.com/warning-signs/.
Stop It Now. Warning Signs in Children and Adolescents of Possible Child Sexual Abuse. [online].
[accessed August 21, 2014]. Available at: http://www.stopitnow.org/warning_signs_child_behavior.
107
VIOLENT CRIME
4 VIOLENT CRIME
MONIKA HULLOVÁ
108
VIOLENT CRIME
4.1 Phenomenology
Violence is an intentional (threatened or actual) use of physical force or power
against a person, group, or community. Violence very often results, or is likely to result in:
 Physical harm such as injury, or death,
 Along with (or only in) mental and psychological harm.
Violent crime occurs when someone harms, attempts to harm, threatens to harm or
even conspires to harm someone else. But there are cases which are a combination of: a
violent crime and a crime against morality (such as sexual violence, rape, murder with sexual
motive), or of a violent crime and a property crime (carjacking). Therefore it can be difficult
to distinguish between them.38
In violent crime, or “crime of violence”, the offender uses or threatens to use violent
behaviour or force against the victim. Thus the main features of violent crime are:
 Presence of violence (actual or fictitious as a threat of force),
 A violent act can be “the objective” (such as murder) or violence can be “the means
to an end” (such as robbery),39
 Very frequently involves an assault with a weapon that results in a serious injury or
death,
 It belongs to the most serious type of crime,
 Threatens or damages the basic interests protected by the society, i.e. human life and
human health.
In the theory of operative search activity we use the following definition of violent
crime.
Violent Crime
consists of criminal acts that threaten or harm the interest protected by the society,
especially life and health of the citizens
38
39
About. What is a crime. Available at: http://crime.about.com/od/Crime_101/a/What-Is-A-Crime.htm.
Wikipedia. Violent crime. Available at: http://en.wikipedia.org/wiki/Violent_crime.
109
VIOLENT CRIME
Violent crime is classified under a number of different categories that often indicate a
range of both violent and non-violent behaviour. Slovakia’s crime statistics have a category
for violent crime that is composed of the following violent offences: assisted suicide, first
degree murder, second degree murder, voluntary manslaughter, infanticide, illegal abortion,
bodily harm, taking a hostage, kidnapping for ransom, robbery, extortion, gross coercion,
forcible entry into dwelling, abandonment of a child, battering a close person and a person
entrusted into one’s care, kidnapping, assaulting a public authority, assaulting a public
official.
Violent crime is the second most frequently committed type of crime in Slovakia (the
most frequent being property crime). In 2014, an estimated 5,637 violent crimes occurred
state-wide and there was a decrease by 62 percent since 2001. When considering the
fourteen-year trend since 2001, the crime rate has been on a long-term decrease. The
acquired information on the type of weapon40 showed that firearms were used in
approximately 3 percent (in 154 cases) of the violent crime nationwide in 2014. The total
number of weapons used in violent crime was 13 percent (in 742 cases).
Chart 13
16000
14000
12000
10000
8000
6000
4000
2000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Violent Crime Figures (the fourteen-year trend: 2001-2014)
The most dangerous types of violent crime are murders, robberies and assaults. The
proportion of these types of crimes in the Slovak Republic in 2014 is expressed in the next
chart. Aggravated bodily harm (an intentional criminal offence) accounted for the highest
40
Under the Slovak Criminal Code, a weapon is any object which can be used to increase the offensiveness of
the assault against a person´s body. The criminal offence is considered as having been committed with the use
of a weapon also if the offender uses or has on him an imitation weapon with the intent to deceive another
into believing it to be genuine.
110
VIOLENT CRIME
number of violent crimes (1,955 criminal cases) reported to law enforcement in. Robberies
comprised 680 criminal cases of violent crimes and murders accounted for 72 criminal cases.
Chart 14
Forcible
Battering a Close Person Entry into
Dwelling
and Person Entrusted
6%
into one´s Care
5%
Manslaughter
1%
Murder
1%
Extortion
8%
Bodily Harm
36%
Serious Threats
27%
Robbery
12%
Assaulting a Public
Official
4%
Proportion of the Most Serious Violent Crimes in the Slovak Republic in 2014
According to the interest protected by the society, violent crime is a part of general
crime. As it was mentioned before, in 2014, violent crime comprised approximately 11 % of
general crime, crime against morality 2 %, property crime 71 %, and the rest of general crime
accounted for 16 %. The information indicates that violent crime does not represent the
largest part of general crime, but on the other hand, it is a very dangerous social
phenomenon, especially when considering mental or physical harm to the victims.
According to social gravity, violent crime (all offences), as well as crime against
morality is classified into three groups:
MISDEMEANOURS
e.g. involuntary manslaughter, assisted suicide, bodily harm (intentionally bodily harm or
grievous bodily harm by negligence), gross coercion (fulfilling a commitment that has been
entered into, to which a third party is otherwise entitled), forcible entry into dwelling,
111
VIOLENT CRIME
abandonment of a child, assaulting a public authority, assaulting a public official, violence
against a group of citizens and against an individual, serious threats, serious pursuit,
FELONIES
e.g. infanticide, voluntary manslaughter (against more persons, by seriously negligent breach
of the legal regulations governing occupational or transportation safety, or public health
regulations - in connection with the perpetrator’s employment, occupation, position or
function, e.g. as a driver of means of transport, if he causes death of two or more persons),
illegal abortion, assisted suicide (acting in a more serious manner, against a protected
person, with special motivation), bodily harm (grievous bodily harm), taking a hostage,
kidnapping for ransom, robbery, extortion, gross coercion, forcible entry into dwelling
(against a protected person, as a member of a dangerous grouping), abandonment of a child
(acting in a more serious manner, against a child under six years of age, causing grievous
bodily harm or death, in a crisis situation), battering a close person and a person entrusted
into one´s care, kidnapping (a child or person suffering from mental disorder or a person of
unsound mind), assaulting a public authority (acting in a more serious manner, causing
grievous bodily harm or death, causing large-scale damage or other particularly serious
consequence), assaulting a public official (causing bodily harm or death, causing larger
damage, acting in a more serious manner, against a body involved in the criminal
proceedings or against a court),
PARTICULARLY SERIOUS FELONIES
e.g. first degree murder, second degree murder, bodily harm (as a member of dangerous
grouping, in a crisis situation), taking a hostage (causing substantial damage, grievous
bodily harm or death, as a member of dangerous grouping), kidnapping for ransom
(obtaining larger benefit, acting in a more serious manner, against a protected person, with
special motivation, causing grievous bodily harm or death, as a member of dangerous
grouping), robbery (causing grievous bodily harm or death, causing substantial damage, as a
member of dangerous grouping), extortion (causing grievous bodily harm or death, causing
substantial damage, as a member of dangerous grouping), gross coercion (causing grievous
bodily harm or death, causing substantial damage, as a member of dangerous grouping),
battering a close person and a person entrusted into one´s care (causing grievous bodily
112
VIOLENT CRIME
harm or death to several persons), kidnapping (a child or person suffering from mental
disorder or a person of unsound mind - as a member of dangerous grouping; with intention
to obtain large-scale benefit), assaulting a public official (causing death to several persons, in
a crisis situation).
According to the manner of commission of a crime, many violent crimes are
organized, or internationally organized, especially the cases of first degree murder, second
degree murder, manslaughter, bodily harm, taking a hostage, kidnapping for ransom,
robbery, extortion, gross coercion, and forcible entry into dwelling. The mentioned facts
suggest that the social gravity of the crimes is substantial. In 2014, the Slovak police
detected 57 organized violent crimes and more than 50 % of them (29 criminal cases) were
successfully solved. On the other hand, it is necessary to take into consideration that there is
a high level of latency caused by planned criminal activity, division of roles, insufficiency of
traces and evidence, etc.
According to the way and form of its demonstration, a majority of violent crimes are
visible and that fact affects the clear-up rate (in 2014 it was 75 %, and some years ago the
percentage was close to 90 %).
Chart 15
91,29
86,21
75,44
2001
2002
2003
72,42 73,81
2004
2005
68,6
70,1
72,82 75,26 72,23 73,95 74,61
69,72 71,94
2006
2007
2008
2009
2010
2011
2012
2013
2014
The fourteen-year trend of the Violent Crime Clear-up Rate in the Slovak Republic
According to the number of crimes, most of the violent crimes are one-off incidents,
but with a high level of recidivism (in 2014 - 9 % repeated offences). The reasons may vary,
but often they are found in the “internal motivation of the perpetrator”. These may include
113
VIOLENT CRIME
relationships problems, interpersonal conflicts, mental health problems, substance abuse
(excessive alcohol consumption), and negative feelings such as greed, animosity, hatred,
jealousy, revenge, fear, and pathological anger. According to the researchers, only a small
segment of the group is formed by persons who find enjoyment in causing pain, causing fear,
or making people suffer.
“F. Tennyson Jesse sets up six categories of motives: murder for gain, revenge,
elimination, jealousy, lust of killing and conviction. In The Mind of the Murderer, W. Lindesay
Neustatter remarks, that motive, without the whole background in which it is set, tells little
of the criminal’s psychology. He classifies murderers as the schizophrenic (with delusions of
persecution), the hysteric, the mental defective, the paranoiac (victim of a systemized
delusional insanity), the epileptic (with epileptic automatism and amnesia), the
constitutionally unstable psychopath, and finally the chap who is simply depressed possibly
due to low blood sugar (momentary malnutrition).”41
The police statistics of the Slovak Republic indicate that in 2014, 8 offenders
intentionally killed another person with premeditation (the first degree murder), 1 offender
killed another person with the intention to obtain material profit, and 1 offender killed
another person with proved sexual motivation. The interpersonal conflicts were the most
frequent reason for the commission of the crimes (17 criminal cases). Nowadays, the police
must be ready to respond to the new trend of perpetrators committing the offences in a
more serious manner (5 criminal cases of assassinations were committed by members of
dangerous grouping). Naturally, crime detection and clarification is complicated due to high
level of conspiracy, management and sophisticated techniques (methods, tools, weapons,
etc.) used by the members of organized, criminal or terrorist groups.
Violent crime is regulated by penal law, but the above mentioned types of violent
crimes are not all concentrated in one single part of the Slovak Criminal Code. The sections
defining the crimes of violence are contained in Chapters No. 1, 2, 3, 8 and 9 of the Act No.
300/2005 (Criminal Code).
41
All about forensic psychology. Murder Article : Why Men Murder. Available at: http://www.all-aboutforensic-psychology.com/murder-article.html.
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VIOLENT CRIME
Chart 16
Chapter 1:
Offences against
Life and Health
Chapter 2:
Offences against Freedom
and Human Dignity
Chapter 3:
Offences against
Family and Youth
•§ 144 First Degree Murder
•§ 145 Second Degree Murder
•§ 146 Infanticide
•§147, 148 Voluntary Manslaughter
•§ 149 Involuntary Manslaughter
•§150-153 Illegal Abortion
•§ 154 Assisted Suicide
•§ 155, 156, 158 Bodily Harm
•§ 185 Taking a Hostage
•§ 186 Kidnapping for Ransom
•§ 188 Robbery
•§ 189 Extortion
•§ 190-192 Gross Coercion
•§ 194 Forcible entry into Dwelling
•§ 206 Abandonment of a Child
•§ 208 Battering a Close Person and a Person Entrusted
into one’s Care
•§ 209, 210 Kidnapping
Chapter 8:
Criminal Offences against
Public Order
Chapter 9:
Criminal Offences against
Other Rights and Freedoms
•§ 321 - 325 Assaulting a Public Authority
•§ 323 Assaulting a Public Official
•§ 359 Violence against a Group of Citizens and against
an Individual
•§ 360 Serious Threats
•§ 360a Serious Pursuit
Legal Structure of Violent Crime in the Slovak Criminal Code
1.
2.
What are the main features of violent crime?
What are the most serious types of violent crime?
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VIOLENT CRIME
Any investigation of violent crime carries with it some standard procedures of
analysis and reconstruction of crime scenes. Violent crime needs to be investigated quickly
because the information and evidence lose freshness and soon become contaminated.
Proper operative and investigative work with violent crime includes several steps which are
shown in the Scheme 18.42
Scheme 18
1
2
3
4
5
6
7
8
•ARRIVING AT THE SCENE, ASSESSING AND SECURING THE CRIME SCENE
•TAKING PHOTOGRAPHS AND RECORDING OUR OWN MOVEMENTS
•COLLECTING EVIDENCE AND TAKING NOTES TO RECORD EVERY THOUGHT AND
OBSERVATION OF THE POLICE OFFICERS
•BRIEF PHYSICAL EXAMINATION OF THE VICTIM
•IDENTIFYING THE VICTIM
•COLLECTING EVIDENCE AROUND THE CRIME SCENE
•SETTING DOWN AN OPERATIVE SEARCH VERSION OR AN INVESTIGATION VERSION
(DEVELOP A FEASIBLE THEORY ABOUT WHAT HAPPENED, WHEN IT HAPPENED,
WHY IT HAPPENED, WHERE IT HAPPENED, WHO WAS INVOLVED IN IT, ETC.)
•SEARCH FOR MISSING PERSONS (VICTIMS, WITNESSES) AND WANTED PERSONS
(PERPETRATORS)
Model of Operative and Investigative Work with a Violent Crime
42
The methodology was inspired by the articles of Dr. Thomas O’Connor In OĆONNOR, T. Investigation of the
Violent Crime Exemplar. Available at:
http://www.csitechblog.com/2011/04/investigation-of-the-violent-crime-part-1.html.
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VIOLENT CRIME
1. Arriving at the Scene, Assessing and Securing the Crime Scene
 If the victim is still alive, it is necessary to render first aid and call an ambulance.
 If the victim is dying, we should take their dying declaration.
 If the victim is apparently dead we must determine if they are really dead
otherwise we should attempt resuscitation. The legal signs of death are: no
respiration, no heartbeat, no pulse, eyelids do not close when lifted, fingernails
do not flush when pressed, and no pupil dilation to light.
 If the witnesses and the perpetrator are in the vicinity of the crime scene, it is
necessary to arrest the perpetrator and interview the witnesses.
 The general public and unauthorised people must be kept off the immediate
vicinity to avoid contamination of evidence, as it could distort the investigators’
understanding of the crime.
2. Taking Photographs and Recording Our Own Movements
The area is photographed or recorded by crime scene technicians who must capture
every object, person and place from as many angles as possible; it is not allowed to move
anything because this is the only opportunity to preserve the scene. All information will later
be analysed and reviewed by police officers.
3. Collecting Evidence and Taking Notes to Record Every Thought and Observation of the
Police Officers
Firstly, biological evidence or trace evidence that might be destroyed or might not
last the drive to the morgue (human odour trace, hairs, fibres, nails, microscopic evidence),
and other evidence (fingerprints, bloodstains, ballistics, shoeprints).
Figure 29
Figure 30
29. and 30. Evidence of violent crime which was documented by the police at the crime scene
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VIOLENT CRIME
4. Brief Physical Examination of the Victim
That can also help to determine many important things like the time of death,
manner of death, identity of the victim (DNA test, X-ray, etc.).
5. Identifying the Victim
Live victims must be interviewed quickly to get the most detail from their memories
and murder victims should be identified because their lives prior to the crime are often the
best clues to solving it. Confiscating all personal belongings of the victim (clothing), ID or
other documents, is vital.
6. Collecting Evidence around the Crime Scene
Collecting evidence around the crime scene includes talking to people who live in the
surrounding areas and interviewing all cooperative, suspicious looking, and even random,
disinterested bystanders in order to get specifics about the time and place. Later we can
compare these specifics with information that we have already had or will have in the
future. A very important thing is to find a witness (someone who might have seen or heard
something related to the crime).
7. Setting Down an Operative Search Version or an Investigation Version (Develop a
Feasible Theory about What Happened, When It Happened, Why It Happened, Where It
Happened, Who Was Involved in It, etc.):
What type of crime is it? (e. g. suicide, involuntary manslaughter, robbery, assault,
etc.) and other relevant facts (for example intentional suicide can involve hanging, jumping,
carbon monoxide, poisons, cut wrists, firearms, drug overdose, drowning and the most
common accidental suicide involves overdose of medication or use of firearms).
What were the causes of death or criminal causes of death? (accidental or natural,
intentional or unintentional,): presence of struggle (marks on the knuckles, pieces of skin
under the fingernails, the victim has been strangled (ligature marks, strangulation marks,
hanging marks); abuse of poisons or drugs (odours, colour of lips, toes and fingernails,
presence of needle marks, pinpricks, types of wounds); death by firearms (bloodstains and
gunshot wounds, analysing the point and angle of trajectory, localization of murder weapon,
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VIOLENT CRIME
etc.); facial expression and position of the corpse also can be helpful (e.g. death by firearms
may result in an expression of shock on the face, a knife or haemorrhage death may involve
a fairly relaxed look).
What were the motives, circumstances and purpose? They can help us to determine
what crime we are investigating. The common motives are anger, love, revenge, jealousy
and financial profit. It can be useful to link the particular crime with the patterns and
motives from similar cases in similar neighbourhoods. The means (who had the physical
strength to commit this crime) and opportunity (who had access to or could have been
present at the crime scene) must also be taken into account.
When was the crime committed? (estimating the time of death): focusing on the
temperature of the body and the rate of cooling (after death, the body starts to cool down
to whatever the outside or the room temperature is - 3 degrees the first hour, then 1 degree
each subsequent hour and after 30 hours it starts to go up again because of the heat
generated by decomposition); the degree of rigor mortis (in the first 5-6 hours, the body is
limp, 6 hours after death, stiffness in jaw develops, 12 hours after death, stiffness develops
in upper torso, 18 hours after death, stiffness is in the whole body, 36 hours after death,
limpness returns to body); the degree of post-mortem lividity or hypostasis (the loose blood
in the body runs down to the lowest point of gravity creating bluish-purple stains which may
become visible approximately 3 hours43 after death, and last until approximately 12 hours
after death44 until the blood becomes dried); dilation of eyes (7 hours after death, 12 hours
after death the whole eye gets cloudy and fish-like, moreover they can show us consumption
of drugs or certain poisons); analysing stomach contents (anything eaten in the last 2 hours
is undigested, food spends 6 hours in the small intestine and 12 hours in the large intestine);
decomposition or putrefaction (begins in 30 hours and after 48 hours starts to rise rapidly,
after 3 months the body is soapy and mushy, after 1 year the body is partially mummified);
the insect activity (some species typically lay their eggs on the bodies of dead humans).
43
44
Sometimes between 1 and 4 hours after death.
Sometimes between 6 and 12 hours after death.
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VIOLENT CRIME
Who was the victim? When answering this question it is necessary to focus on:
 Identity of the victim through identification marks such as name and surname, ID, stains,
laundry marks, tattoo, monograms, fingerprints, DNA tests, dental X-ray, forensic
anthropology of the bones, taking photos and comparing it to police records, etc.
 Establishing the victim´s routines: we need to find out everything about their
background and the last activities in the past 24 hours. We should examine the
telephone records, mail, emails, food in refrigerator, business appointments, work and
entertainment habits, romantic affairs, what enemies the victim had, whether the victim
had previous criminal records, list of previously known addresses, medical and mental
history, etc.).
Cases of missing persons (victim is alive or dead) - the police search for a missing
person, or try to track down the body of the dead person; the body can be buried or
drowned, unless we are dealing with a kidnapping, serial killing or cannibalism. We must
remember that the insects and animals usually eat up a huge part of the corpse in a short
time (about 60 % in a week), and a drowned body usually surfaces by the end of one week,
unless it is weighed down or stuck on an underwater eddy obstruction.
Types of entry - if the crime occurred inside a building, we look for signs of forced
entry, inspect the doors and windows, signs of the victim inviting the perpetrator in (knew
him or not), and consider each possible entry and exit point.
Behaviour before, during and after committing a crime (premeditation, deliberation
and malice, i.e. planning, coolness, scheming; provocation, self-defence, sanity or insanity,
passion, signs of struggle, whether the body was moved or transported, etc.).
How the death case is reported to the police? (Who called the police, when they
called, what their voice sounded like over the telephone, another type of reporting, etc.?)
8. Search for Missing Persons (Victims, Witnesses) and Wanted Persons (Perpetrators)
The police may apply the questioning people, searching the police records and
databases, house searches, search of other places (hiding places, places in the countryside,
abandoned buildings), search actions, road traffic checks, air traffic checks, etc.
The presented model of detection and investigation describes the main duties of the
investigators, criminal police officers, crime scene technicians and medical examiners. As can
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VIOLENT CRIME
be seen, each case is specific and requires an individual approach, and effective cooperation
and swift reaction are essential to achieve good results.
1.
2.
Describe the model of detection and investigation of violent crime.
What are the main operative search versions or investigation versions used
during crime detection and investigation?
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VIOLENT CRIME
In this chapter we have not only discussed the current significance of the violent
crimes, but have also described the detection process, its characteristics and effective
methodology.
A violent crime or “crime of violence” belongs to the most serious types of crime (the
most dangerous types of violent crime are murders, robbery and assaults) where the
offender uses or threatens to use a force against the victims. Very frequently it involves
assaults with weapons that result in serious injuries, or death.
The typical features of violent crime are:
 It is a part of general crime.
 Violent crime is the second most frequently committed crime in Slovakia (the
most frequent is property crime).
 Many violent crimes are organized, or internationally organized.
 A majority of violent crimes have are visible and that helps the clear-up rate be
relatively high.
 Most crimes of violence are one-off incidents; however, there is a high level of
recidivism caused by the internal motivation of the perpetrator.
Detection and investigation of violent crime is very specific. Violent crime needs to
be investigated promptly, as information and evidence quickly loses freshness and gets
easily contaminated in a short period of time.
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VIOLENT CRIME
Bibliography
About. What is a crime. [online]. [accessed August 21, 2014]. Available at:
http://crime.about.com/od/Crime_101/a/What-Is-A-Crime.htm.
All about forensic psychology. Murder Article : Why Men Murder. [online]. 1957. [accessed
August 21, 2014]. Available at: http://www.all-about-forensic-psychology.com/murderarticle.html.
OĆONNOR, T. Investigation of the Violent Crime Exemplar. [online]. [accessed August 21,
2014]. Available at:
http://www.csitechblog.com/2011/04/investigation-of-the-violent-crime-part-1.html.
Wikipedia. Violent crime. [online]. Aug. 2014. [accessed August 21, 2014]. Available at:
http://en.wikipedia.org/wiki/Violent_crime.
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5 PROPERTY CRIME
JAROSLAV RAPČAN
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PROPERTY CRIME
5.1 Phenomenology
Property crime is the next category of general crime and includes crimes such as
burglary (of a shop, house or flat - also called breaking and entering and sometimes
housebreaking), theft, larceny, shoplifting, pickpocketing, fraud, forgery, embezzlement,
receiving stolen property, motor vehicle theft, and unauthorized use of a vehicle. The term
theft is sometimes used synonymously with larceny. Theft, however, is a broader term,
encompassing many forms of deceitful taking of property, including swindling,
embezzlement, and false pretences. Some states categorize all these offenses under a single
statutory crime of theft.
The main features of property crime include:
 The taking of money or property against the will of the owner (property crimes
require the actual taking of money or property),
 Frequently there is a destruction of someone else's property,
 They can range from lower level offenses such as shoplifting or vandalism to high
level felonies including burglary,
 There is no force or threat of force against the victims (in comparison to robbery
where an offender takes property involving force or threat of force on individual
that is present, therefore the crime belongs to violent crime),
 Unlawfully entry into a home or other closed structure, often by force or coercion,
with the intent of stealing property from another,
 The object of the theft-type offences (targets) are concealable, removable, available,
valuable, enjoyable items with an ease of disposal (i.e. cash, electronics, power tools,
cameras, jewellery).45
In the theory of operative search activity we use the following definition of this
category of crime.
Property Crime
consists of criminal acts that damage or entail a risk to the property as an interest
protected by the society
45
FindLaw. Property Crimes. Available at: http://criminal.findlaw.com/criminal-charges/property-crimes.html.
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PROPERTY CRIME
Crimes against property are currently the most frequently occurring type of crime.
Statistical information46 (i.e. number of crimes recorded by the Police Force of the Slovak
Republic) shows that 34,301 cases of property crime were recorded in the Slovak Republic in
2014. The number of recorded cases of property crime has had a decreasing trend since
2004. Moreover, the proportion of property crime in the total recorded crime rate has had a
slightly downward trend, too (from 58 % in 2001 to 42 % in 2014).
Chart 17
100 000
80 000
60 000
40 000
20 000
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Property Crime Figures (the fourteen-year trend)
Chart 18
140000
120000
100000
80000
Total Crime
60000
Property Crime
40000
20000
0
20012002200320042005200620072008200920102011201220132014
Total Crime Rate and Property Crime Rate
The occurrence of property crime depends on geographical factors, e.g. in Bratislava
and the surrounding areas the police detected the highest amount of property crime (8,354
cases) in 2014. On the contrary, the lowest amount of property crime was reported in
Trenčín (2,474 cases) in 2014. This fact is probably linked to the economic and social
situation in the territory of the Slovak Republic, where some regions are more prosperous,
and some are less.
46
From System of Crime Records and Statistics (Evidenčno-štatistický systém kriminality).
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PROPERTY CRIME
Chart 19
10000
8000
6000
4000
2000
0
Bratislava
Trnava
Trenčín
Nitra
Žilina
Banská
Bystrica
Prešov
Košice
Property Crimes Figure in the Regions of Slovakia
The total amount of damage that was caused by criminal offenders of property crime
in 2014 was 93,470,000 EUR. When compared to the previous years, in 2013 the cost of the
damage was estimated by the police to be 75,176,000 EUR, and in 2012 86,991,000 EUR. The
police consider the association of the offenders into criminal (organized) groups and the
preparation for the crime (planned activity) to be the most serious factor. It is possible to see
aspects of organization and professionalism in this type of crime, especially in the cases of
burglary into “closed structures” containing precious metals, jewellery and cars (the
structure must designed as to house people or animals, or shelter property; for instance
houses, flats, safes, cash dispensers, cash desks, armour-plated cabinets, garages, etc.).
Speaking about car thefts, an international element has been noticed by police officers in the
past few years. Although a lot of property crimes are committed in a more serious manner, a
decreasing trend in property crimes (the chart above) may be seen in the last fourteen years.
Respecting the criminological aspects, the System of Crime Records and Statistics
shows us the real proportion of various types of property crime. We can divide them into
three main groups (each group and each category of crime is specific, thus a specific
methodology of crime detection and investigation should be applied):
 Burglaries (of shops, antique shops or places where antiquities and objects of cultural
heritage are stored, shop windows, stores, restaurants, houses, flats, cottages,
schools, wagons, cash desks, armour-plated cabinets, gaming machines, safes, cash
dispensers),
 Other thefts (shoplifting, pickpocketing, car-thefts, car-devices-thefts, items from the
cars such as personal belongings, gadgets; bike-thefts, on passengers during their
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PROPERTY CRIME
transport, at a railway station or bus station/ bus stop, thefts in workplaces, in flats,
houses, private estates, etc.),
 Other property crimes (unlawful interference with a title to house, dwelling and nonresidential premises, damaging or devaluation of cultural heritage, harm done to a
thing of another, forcible entry into dwelling, etc.).
In 2014, certain categories of property crime occurred more frequently than others,
as may be seen in the following graph.
Chart 20
Other Property
Crimes
12%
Burglaries
27%
Other Thefts
61%
Proportions of the Main Types of Property Crime in 2014
Residential burglaries had the largest share of burglaries in 2014 (1,525 cases),
followed by burglaries into weekend homes (1,183 cases) and then breaking into shops and
stores (1,003 cases). The damage caused by the burglaries in the reported period (2014)
amounted to € 50,123,000. Burglary analyses show that burglaries are usually committed by
using brute force (by prying the door or window, by breaking the window pane, mechanical
removal padlocks, holes cut into the walls of the building, etc.).
Motor vehicle theft is the unlawful taking or stealing of a motor vehicle, including the
attempt of it. Statistics compiled by the System of Crime Records and Statistics include all
thefts of motor driven vehicles, such as automobiles, trucks, buses, motorcycles, etc. in this
category. The taking of a motor vehicle for temporary use by persons having lawful access to
it is excluded from this definition. There were an estimated 2,431 motor vehicle thefts
nationwide in 2014. The estimated number of motor vehicle thefts declined by 4.73 % in
2014 when compared to the 2013 estimates. In 2014, only 23.24 % of thefts were cleared
up. According to the statistics, 7 motor vehicles are stolen in the Slovakia per day.
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PROPERTY CRIME
Damage caused by the theft of motor vehicles in the reporting period (2014)
amounted to € 19,547,000. The perpetrators focused on more expensive (luxurious) cars.
This trend has been recorded since 2009. The victims are often entrepreneurs, or higher
income people whose luxury vehicles are stolen. These are either sold off for spare parts or
sold back to the EU market for profit. In 2014, the most stolen commonly vehicles were
Skoda (1,203 pieces), followed by Volkswagen (293 pieces), Audi (139 pieces) and Fiat (117
pieces). In terms of the setting, 77 % motor vehicles were stolen from an unguarded public
space (1,869 cases of theft from the street). In terms of time, vehicles were most commonly
stolen at night, between 22.00 and 06.00.
The offenders used mechanical tools and special electronic equipment to break the
security devices of a motor vehicle, or motor vehicle was towed with tow rope, or loaded on
a tow truck. Recently, no new ways of committing this type of crime have been identified
although it should be noted that after entering the Schengen area and the opening of the
borders, the perpetrators from Slovakia began to steal in foreign countries. There is also a
higher import of stolen vehicles into Slovakia, which subsequently involves changing of the
identity of the vehicle, as well as legalization of stolen blank documents, counterfeiting of
the vehicle documents and using genuine documents from a vehicle that had been totally
damaged or destroyed. Legalization of vehicles is further confirmed at Originality Control
Stations, where the modus operandi is based on the principle of “loyal people” employed at
the Originality Control Stations, who, for a financial reward, declare the modified vehicle as
complying with the legal requirements, whereas the vehicle identifiers have been altered.
The theft of motor vehicles is also associated with the cases of leasing and insurance fraud,
and it is assumed that this crime constitutes 30 % of the total number of registered motor
vehicle theft. Such offenses are difficult to document as the vehicles are exported outside
the EU and subsequently theft is reported; or they are dismantled for parts which are later
sold. Proving this crime requires tracking of the vehicle.
Motor vehicle theft offenders are members of well-organized groups, which are
equipped with the latest electronic equipment and knowledge of security devices for motor
vehicles and ways of overcoming them. They also have the knowledge of where to find the
identification marks and how to falsify the motor vehicles documents. In 2014, 576 offenders
were identified, 131 of them were juveniles. The age of the offenders ranges from 19 to 30
years. The perpetrators come from middle and upper class of the population with unlimited
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PROPERTY CRIME
financial and material resources. The perpetrators often have a previous criminal record and
motor vehicle theft presents a regular income for them. The stolen motor vehicle is
registered by the perpetrators as imported from the EU countries by using the so called
blank documents. Afterwards, they insure themselves against vehicle theft and after about
3 months they re-sell the vehicle to other EU countries with a new identity. Sometimes they
may report a total loss in an accident or theft in the territory of Slovakia, or, as the modern
trend goes, they report a sham vehicle theft abroad, where the criminal past of the person
reporting the crime, the owner, or the keeper of the vehicle is unknown. It is expected that
the number of fake thefts of motor vehicles in order to obtain funds from insurance claims
will increase in the future. Nowadays it can even be seen that one vehicle identity is
amended several times, and each time it is registered as imported from abroad. Then it is
insured and then the theft is reported. After multiple receipts of money, the vehicle is
destroyed, i.e. dismantled or destroyed by fire.
Protection of the Property Rights De Lege Lata
Protection of property rights of any sort follows the Article 20. 1 of the Constitution:
"Everyone has the right to own property. The ownership right of all owners has the same
legal content and protection.47" In a similar way Article 1 of the Protocol to the Convention
for the Protection of Human Rights and Fundamental Freedoms provides everyone with the
right to peaceful enjoyment of his property: “Every natural or legal person is entitled to the
peaceful enjoyment of his possessions...48“. Protection of property rights is further
guaranteed by the Civil Code and the Commercial Code.
Criminal-law protection of property rights is guaranteed, regardless of the type and
form of ownership, in the Criminal Code, especially in Chapter Four of the Special Part. In
addition to that, protection of property rights is guaranteed in the provisions included in
other chapters of the Special Part of the Criminal Code (Robbery - Section 188, Gross
Coercion - Sections 190 and 191, Harm Caused to a Consumer - Section 269, etc.). Chapter
Four includes these offenses where ownership or rights related to property law are the only
or primary object of the offense.
47
Act No 460/1992 Constitution of the Slovak Republic, Article 20.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by
th
Protocol No. 11, Paris, 20 March 1952 Headings of articles added and text amended according to the
provisions of Protocol No. 11 (ETS No. 155) as of its entry into force on 1 November 1998.
48
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PROPERTY CRIME
Chart 21
Chapter 4:
Offences
against
the Right
of Property
•§ 212 Theft
•§ 214 Failure to Pay Wages and Redundancy Payment
•§ 215 Unlawful Enjoyment of a Thing of Another
•§ 216, 217 Unlawful Enjoyment of a Motor Vehicle of Another
•§ 218 Unlawful Interference with a Title to a House, Dwelling or
Non-residential Premises
•§ 219 Unlawful Manufacturing and Enjoyment of Payment Means,
Electronic Money or Other Payment Card
•§ 220 Falsification and Fraudulent Alteration of Motor Vehicle
Identification Numbers
•§ 221 Fraud
•§ 222-225 Credit Fraud, Insurance Fraud, Capital Fraud, Subsidy
Fraud
•§ 226 Unjust Enrichment
•§ 227 Fraudulent Bankruptcy
•§ 228 Induced Bankruptcy
•§ 229 Illegal Gambling and Wagers
•§ 230 Illegal Lotteries and Similar Games
•§ 231, 232 Sharing of the Proceeds of Crime
•§ 233, 234 Legalisation of the Proceeds of Crime
•§ 235 Usury
•§ 236 Concealment of a Thing
•§ 237, 238 Breach of Trust by Maladministration of Estates of
Another
•§ 239 Harm Done to a Creditor
•§ 249 a Counterfeiting of Objects of Cultural Value
•§ 240 Preferential Treatment of a Creditor
•§ 241 Deceitful Practices in Bankruptcy and Composition
Proceedings
•§ 242, 243 Obstructing Bankruptcy or Composition Proceedings
•§ 244 Breaching the Ban on Competition
•§ 245, 246 Harm Done to a Thing of Another
•§ 247 Harm Done to and Abuse of an Information Carrier - can be
classified into the first group
•§ 248 Abuse of Property
•§ 248a Damaging and Devaluation of Historical Sight
•§ 249 Damaging and Devaluation of Cultural Heritage
Legal Structure of Property Crime in the Slovak Criminal Code
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PROPERTY CRIME
Chapter Four is not divided into titles as other chapters but in the theory of criminal
law the following classification of the crimes against property is generally accepted (there
are three groups of property crimes):
The first group includes crimes in which property is stolen or taken against the
owner's will (enrichment of oneself to the detriment of property of another). The typical
incentive of all these types of property crime is greed. The following crimes belong to this
group:
 Theft (Section 212),
 Failure to Pay Wages and Redundancy Payment (Section 214),
 Unlawful Enjoyment of a Thing of Another (Section 215),
 Unlawful Enjoyment of a Motor Vehicle of Another (Section 216, 217),
 Unlawful Interference with a Title to a House, Dwelling or Non-residential Premises
(Section 218),
 Unlawful Manufacturing and Enjoyment of Payment Means, Electronic Money or
Other Payment Card (Section 219),
 Fraud (Section 221),
 Credit Fraud, Insurance Fraud, Capital Fraud, Subsidy Fraud (Section 222-225),
 Unjust Enrichment (Section 226),
 Usury (Section 235),
 Concealment of a Thing (Section 236).
The second group includes crimes in which property is destroyed. The common
feature of these crimes is that the offender does not cause harm to another person for their
own benefit, but as an act of maliciousness, revenge and the like. The following crimes
belong to this group:
 Harm Done to a Thing of Another (Section 245, 246),
 Fraudulent Bankruptcy (Section 227),
 Induced Bankruptcy (Section 228),
 Breach of Trust by Maladministration of Estates of Another (Section 237, 238),
 Obstructing Bankruptcy or Composition Proceedings (Section 243),
 Harm Done to and Abuse of an Information Carrier (Section 247) - can be classified
into the first group,
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PROPERTY CRIME
 Abuse of Property (Section 248)
In the third group, profit from crime is gained by another person; these are:
 Sharing of the Proceeds of Crime (Section 231, 232) - committed intentionally or
negligently,
 Legalisation of the Proceeds of Crime (Section 233, 234).
Ownership rights, and some other property rights, and undisturbed possession of
things are protected by criminal law. The field of interests protected by the Criminal Code is
different and defined in separate provisions. The provision of Theft (Section 212) mainly
protects the right of ownership and possession of things. The provision of Failure to pay
wages and redundancy payment (Section 214) protects the rights of the employee for the
pay for the work and severance pay. The provision about the Unlawful enjoyment of a thing
of another (Section 215) provides protection against theft of the benefits. The provision
about Unlawful interference with a title to a house, dwelling or non-residential premises
(Section 218) provides protection of the right over the house, dwelling or non-residential
premises.
Property (thing of another, motor vehicle of another, house, dwelling or nonresidential premises) serves as a material object of the criminal offences.
Legal Regulation of the Theft
There are many other categories of crimes that involve taking of property against the
will of the owner. Larceny is the unlawful taking and carrying away of another person's
property with the intent never to return it to the owner. Most countries identify larceny as
either grand or petty. Grand larceny- which is a felony-occurs when anything above a certain
value is stolen (the damage amounting to more than 266 EUR). Petty larceny is
a misdemeanour that involves the theft of anything of small value (the damage amounting
to less than 266 EUR). According to Section 125 of the Criminal Code, small damage shall
mean the damage amounting to more than 266 EUR. Larger damage shall mean the damage
which is at least ten times higher than the aforesaid amount. Substantial damage shall mean
the damage which is at least one hundred times higher than the aforesaid amount. Largescale damage shall mean the damage which is at least five hundred times higher than the
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aforesaid amount. These criteria shall also be used to determine the amount of benefit, the
value of a thing, and the scope of the offence.
The offense of theft is undoubtedly the most frequently committed crime in the
framework of property crime. The Criminal Code provision stipulates two basic elements of
the crime:
1) Any person who appropriates a thing belonging to another by seizing it and thus causes
small damage shall be liable to a term of imprisonment of up to two years.
2) The same sentence as referred to in paragraph 1 shall be imposed on the offender who
appropriates a thing belonging to another by seizing it, and
a) Commits the offence by housebreaking,
b) Immediately after the commission of the offence attempts to keep possession of the
thing by violence or the threat of imminent violence,
c) Commits such offence on a thing that another person has on him or with him,
d) Such thing is from the harvest from a land belonging to the agricultural land fund, or
wood from a land belonging to the forest land fund, or fish from the pond under
intense rearing conditions,
e) Commits the offence on a thing the consumption of which is charged under a
separate regulation, or
f) Has been sanctioned for such offence in the past twelve months.
According to Section 130 the misappropriation of a thing means divesting the owner
or another person who has legal possession of the thing of the right to dispose with that
thing without the consent of the owner, and with the intent to dispose with it as with one’s
own. There must also be the intention of the offender to handle the thing permanently. The
criminal intent of the perpetrator means that he keeps the thing permanently. The term
“permanently” does not only imply keeping of the thing forever, but also for an indefinite
period, that is until the thing is not seized by the law enforcement bodies. If the perpetrator
intends to use the thing of small value temporarily, his action may be considered as unlawful
enjoyment of a thing of another. Appropriation of a thing of another does not means that
the offender becomes the owner of the thing; it suggests the possibility of a permanent
availability of the thing.
For the purposes of the Slovak Criminal Code, a thing shall mean:
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PROPERTY CRIME
a) A movable or immovable thing, dwelling or non-residential premises, or animal,
unless the relevant provisions of this Act provide otherwise,
b) A controllable force of nature or energy, or
c) A security paper irrespective of its form.
Intangible information, computer data or video recording on a technological medium
shall also be considered a thing.
The criminal offence is considered as having been committed by housebreaking if
the offender entered closed premises:
a) By unauthorised forcing of a lock (by using the stolen key, blade or authentic key...),
or
b) By forcible overcoming of a different security device (offender removes barriers by
force, such as pry locks, breaking of bars, breaking of the window in a motor vehicle,
wrecking of walls, etc.), or
c) By deception (offender uses deceit to enter the closed premises, does not enter the
closed premises violently, but uses a trick to get inside - for example, the offender
pretends to be a worker of a gas supplier, or, in another case, hides in the restaurant
before closing time, etc.
Closed premises mean a space that is separated by a barrier designed to prevent the
entry of unauthorized persons into such space (for example building, house, apartment,
motor vehicle, safe etc.). Trespassing does not only mean the entry into the closed premises
but also interfering with the premises using hands or tools.
If the offender immediately after the commission of the offence attempts to keep
possession of the thing by violence or the threat of imminent violence means that the
offender pursues an aim to retain a thing before the owner or another person. No matter
whether the offender´s effort to retain a stolen thing was successful, it is sufficient if the
offender attempted it. In the case of robbery, the offender uses violence or the threat of
imminent violence with the intent to seize the thing belonging to another.
If the offender commits such offence on a thing that another person has on him or
with him - in such case the thing of another means the clothes, jewellery, money which the
victim has in the pocket, bag or in a wallet. The term "on him or with him" means that the
victim either holds the thing in their hand, or the thing is in their immediate proximity (the
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PROPERTY CRIME
victim puts their things aside, e.g. hangs the coat on a hanger when travelling on the train,
etc.). Such situation might constitute the offence of “pickpocketing” under the respective
provision of the Criminal Code.
If the offender appropriates a thing which is from the harvest from a land belonging
to the agricultural land fund, or wood from a land belonging to the forest land fund, or fish
from the pond under intense rearing conditions - in this case the thing is the harvest
(crops), wood or fish, regardless of the minimum amount of the damage caused. If the fish is
not from the pond under intense rearing conditions it will be a crime of poaching.
If the offender commits such an offence on a thing the consumption of which is
charged under a separate regulation - that is, for example, in the case of unauthorized
consumption of electricity, water, gas, heat, telecommunication services, and the like. There
are two possibilities:
-
The offender uses electricity without an electro meter directly from the mains an offence of theft,
-
The offender tampers the electricity meter so that it displays less electricity
consumption - an offence of fraud.
If the offender has been sanctioned for such offence in the past twelve months, it
means that the offender has been sanctioned for a misdemeanour or another similar
offence.
1. What are the main features of property crime?
2. What is the trend in the proportion of property crimes in the total recorded crime?
3. Which is the most frequently committed type of property crime?
4. What are the main features of the crime of theft?
5. When can the criminal offence be considered as having been committed by
housebreaking?
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PROPERTY CRIME
Criminal Characteristics of Theft
One of the best known and simultaneously most used categorizations of theft is
a generic classification, which takes into account the degree of complexity of the manner of
commission of theft. According to this criterion, we distinguish two basic groups of thefts:
a) Simple thefts,
b) Complex thefts.
Simple Thefts
-
A characteristic feature is usually the fact that the offender generally does not need
to use force or deception to overcome security devices.
-
Object of interest is available, does not require the use of technical means to
overcome the locking mechanism.
-
The way to appropriate a thing belonging to another does not require preparation to
commit, or conceal such theft.
-
The time needed to commit theft is usually shorter.
-
The element of organization is missing and there are almost no traces at the crime
scene.
-
The offender generally does not need to use any specific skills or routines, and thus
solving theft cases is often very complicated and the clear up rate is very low. These
types of thefts are often similar.
-
Such thefts are the most frequently committed thefts.
In the process of identifying the offenders of simple thefts it is effective to start
searching for a things (belonging to the offender, stolen by offender or found at the crime
scene), or to start searching for the offender by using an identikit, and then to start
searching for the offenders based on the modus operandi.
Complex Thefts
The typical features distinguishing this group of thefts from the previous one are
clearly visible in the manner of their commission. They can be seen in the way the offender
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PROPERTY CRIME
entered the premises (need to break security barriers to reach the object of interest). Such
thefts are also designated as burglaries.
Depending on the presence or absence of preparation before committing of the
thefts, we distinguish thefts which are committed:
 With preparation,
 Without preparation.
Thefts with preparation are mostly complex thefts the clarification of which
generally requires longer time and more effort by the criminal police officers. Planning and
preparation enable the offender:
 To find an object where the theft is to be performed,
 To check the value of the property and valuable objects, which are in the
house (whether is it worth to commit the theft) and choose the things they
want to steal from the house or other premises,
 To perform a screening reconnaissance of the property in order to obtain
information on the object, the security system, and the frequency of
movement of the people etc.,
 To choose the expedient exit and entrance path,
 To choose the transit method to/from the crime scene (use his own,
borrowed or stolen vehicle) etc.,
 To choose suitable manner of committing the theft, to choose the point of
entry into the building, to prepare a detailed plan of the theft with alternative
options, particularly for offenders - professionals,
 To obtain and to customize the tools that will be used in the commission of
theft,
 To arrange the sale of the stolen things, for example, in pawnshops, or retain
them, sell them to traffickers, decide to keep the things on a temporary place
etc.,
 To prepare actions aimed at concealment of the theft, to arrange alibi, to
cover traces, etc.
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PROPERTY CRIME
Figure 31
Figure 32
31. Criminal tools
32. Criminal tools
A thorough preparation increases the chances of the offender not to be detected. If
the offender does not commit several thefts (series) the risk of his detection is relatively low.
In the process of identifying of the offenders of such thefts it is more effective to start
searching for the offenders by analysing the modus operandi.
Figure 33
Figure 34
33. The most typical modus operandi of residential burglary
34. Criminal tools used in the most typical modus operandi of residential burglary
The group of crimes committed without preparation includes mainly the
occasionally committed thefts without attributes of organization, without using specially
adjusted tools and the like. The offender usually acts impulsively and uses a suitable
situation. If the theft is committed without preparation, material (physical) evidence at the
crime scene is usually absent (the offender does not have to overcome security barriers) but
memory traces may exist (places with higher frequency of people).
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PROPERTY CRIME
Another categorization of the thefts depends on the number and organization of
offenders. According to this criterion, we distinguish four basic groups of thefts committed
by:
a) One offender (so-called single offender),
b) Two offenders (accomplices),
c) Organized group of offenders (three and more offenders),
d) Organized group of offenders with an international element.
The single offender commits a significant part of simple thefts, especially those that
are occasionally committed. Complex thefts are characteristic with direct correlation - the
more complex the modus operandi, the greater the number of the offenders involved in it.
A pair of offenders (accomplices) occurs in complex thefts, where the complexity of
committing a theft requires the cooperation of at least two offenders. The pair of offenders
often occurs for example in burglaries into a flat, apartments, or houses. Two offenders are
mostly stable and they commit crimes in series with a specialization in a selected type of
object. Over time, the offenders will develop their own relatively stable “handwriting” in the
commission of the thefts.
Organized groups of perpetrators almost exclusively focus on committing complex
thefts. They are characterized by a large organization, with relatively permanent division of
the tasks. They are materially and technically very well equipped. The personal team of the
group is relatively stable and they specialize in a selected type of thefts (burglaries of banks,
casinos, gambling houses, or safes).
An organized group of offenders with an international element shares a lot of
characteristics with the previous group. The main difference can be seen in the fact that they
commit a selected type of an offense that requires collaboration with citizens of other
states, or even crossing of the borders. The activities of organized groups with an
international element can be seen mostly in property crime, especially when the group
members commit thefts of motor vehicles, where it is necessary to export vehicles abroad.
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Modus Operandi and Concealment
The knowledge of the modus operandi49 and concealment is a prerequisite for the
detection and clarification of the offence. It is not possible to properly define the content of
the method of commission and concealment of the offence without the knowledge of its
individual characteristics. In this context, the method of commission and concealment of the
theft consists of the following features:
 Motive and aim of the theft,
 All activities which are carried out by the offender, since the preparation for the theft
to the activities leading to its concealment (behaviour of the offender at the crime
scene),
 Use of the favourable situation to commit the theft, especially appropriate time
(weekend), places (warehouses standing alone on the outskirts of the city),
conditions which enable or facilitate the commission (unlocked door, half open
window), etc.,
 Use of the technical tools (instruments used in burglary, motor vehicle, etc.)
The importance of the knowledge of the modus operandi and of its concealment in
the commission of complex thefts lies in the fact that usually a wide variety of evidence
coming from the offender's activities and their use of technical tools can be found at the
crime scene. The evidence do not only have an investigative and technical significance
(possibility of forensic examination), but also investigative and tactical significance (reflect
the movement of the offender at the crime scene, of his criminal experience, personality
traits, exit and entrance path, the possibility of disturbance during the committing).
From the perspective of criminal police work it is necessary to find out the modus
operandi of the theft, because its knowledge is based on further procedures of the theft
clarification.
49
Modus operandi (plural modi operandi) is a Latin phrase, approximately translated as "method of operation".
The term is used to describe someone's habits or manner of working, particularly in the context of criminal
investigations. The expression is often used in police work when discussing a crime and addressing the
methods employed by the perpetrators. It is also used in criminal profiling, where it can help in finding clues to
the offender's psychology. It largely consists of examining the actions used by the individual(s) to execute the
crime, prevent its detection and/or facilitate escape. A suspect's modus operandi can assist in his identification,
apprehension or repression, and can also be used to determine links between crimes.
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Detection and Clarification of the Property Crimes
For detection and clarification of the property crimes we can use the general model
of the process of crime detection and clarification (first and second phase) mentioned in
Chapter 2 of this book, although these processes have certain specific features.
During the process of detection and clarification of the property crimes it is
important to focus the activity of the police officers ascertaining of the:
 Identity and characteristics of the perpetrator (age, gender, occupation; repeated
offences - first commission of a crime; single offender - a pair of offenders dangerous grouping; relationship between the offender and the victim, etc.),
 Motivation of the perpetrator (for personal needs - to order - for further distribution;
pretended crime - real crime; concealment of another crime; sexual deviation; drug
or alcohol addiction; etc.),
 Place and object of the interest (house - flat - cottage - shop - bank - other premises street - public transport; ATM - safe; dangerous things or substances - drugs,
weapons, explosives, poisons, and so on; artworks - antiquities - motor vehiclesdocuments - cash; etc.),
 Criminal tools (commonly available tools - modified tools),
 Traces (use of violence, use of tools; manner of entry into dwelling or other premises,
manner of overcoming obstacles, etc.).
1. What is the purpose of the knowledge of the modus operandi?
2. When is it more effective to start searching for the offenders by analysing the modus
operandi?
3. What does the planning of the perpetrator for the commission of a theft consist of?
4. What are the main differences between simple and complex thefts?
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PROPERTY CRIME
In the Slovak Republic the property crime has long represented the most frequent
type of recorded crime. The fact that the offenders of property crime tend to form criminal
groups is a socially unacceptable factor. The criminal behaviour of the organizations is a
source of difficulties to law enforcement bodies. A higher level of professionalism and
organization is seen in burglaries of the structures where precious metals and jewellery are
stored. Apart from that, the society in Slovakia still struggles with car-theft where the
effectiveness of detection and investigation is rather low; moreover, this type of crime is
committed on an internationally organized level.
The model of detection and investigation of property crimes is based on the same
principles as other types of general crime mentioned above. Based on the given information,
it may be concluded that there are some specifics in this process:
Firstly, the victim and the perpetrator usually don’t know each other, there is no
relationship between them, or almost zero knowledge of the fact that a crime has been
committed, as it was committed “at the right time”. It means that normally the victim is not
able to describe the perpetrator which could lead to their successful criminal identification
(except for robbery).
Besides, the problem is when a perpetrator commits crime just occasionally or very
randomly, or there is long period of time between the particular criminal acts. In such cases,
the police officers do not have the opportunity to compare the modus operandi, or they
have a big difficulty with it. Apart from that, if the perpetrator repeats the criminal
behaviour, his skilfulness grows respectively.
Another complication for the law enforcement bodies can come from the fact that
many property crimes are committed by at least two perpetrators. It means that their
criminal behaviour is planned and their roles and benefits are also shared.
All the above mentioned facts (and others as well) affect the low level of clarification.
In 2014, only 39 % cases of property crime were successfully solved and closed. In
comparison to morality or violent crime, it is not a satisfying situation. In the near future it is
necessary to draw attention to crime prevention (use of CCTV cameras as a method of videosurveillance for maintaining a public order; increase in the number of police patrols
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PROPERTY CRIME
controlling the places where stolen items might be hidden or sold or where potential
perpetrators could occur).
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PROPERTY CRIME
Bibliography
Act No 460/1992 Coll. Constitution of the Slovak Republic.
FindLaw. Property Crimes. [online]. [accessed August 21, 2014]. Available at:
http://criminal.findlaw.com/criminal-charges/property-crimes.html.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
as amended by Protocol No. 11. Paris, 20.III.1952 (ETS No. 155) as of its entry into force on 1
November 1998.
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DRUG-RELATED CRIME
6 DRUG-RELATED CRIME
MICHAL MARKO
146
DRUG-RELATED CRIME
6.1 Phenomenology
The consumption of illicit drugs does not only have serious physical, social and
economic consequences for the individual consumer, but also imposes enormous costs on
the society as a whole, and ultimately funds massive criminal systems. People may choose to
take drugs to rebel, to escape, to cope, to survive, to belong or to register resignation and
defeat. The current global increase in the consumption of illicit drugs may be related to
changes in society, including reduced family and community cohesiveness, increased
unemployment and greater feelings of alienation.
Why do people produce and traffic in illicit drugs, and how are they able to do it
quickly on such a large scale? While one obvious incentive is the money that is to be made in
servicing consumer demand for drugs, other factors are also involved. The structure of
society, the nature of political power, the impact of economic policy, and the resistance of
the cultural fabric to private drug consumption and public corruption - all these are factors
that influence how successfully illicit drugs can be produced and traded.50 For a better
understanding of the problem of drugs and drug related crime it is necessary to define and
explain some basic terms, which are commonly used.
Drug is a central term of this topic. It is a term of varied usage. In medicine, it refers
to any substance with the potential to prevent or cure disease or enhance physical or mental
welfare, and in pharmacology to any chemical agent that alters the biochemical physiological
processes of tissues or organisms. In common usage, the term often refers specifically to
psychoactive drugs, and often, even more specifically, to illicit drugs. According to WHO
(World Health Organization) drug is any substance that, when taken into living organism,
may modify one or more of its functions. In this topic also the term precursors will
frequently be used. Precursors are substances used to produce legal products such as
medicines, but that can also be used to produce illicit drugs. They are classified in EU law on
the basis of Article 12 of the 1988 UN Convention.
There are many possibilities to classify drugs. Each classification reflects the
professional focus of the author and the purpose of its creation. We would like to present
several classifications, which are used most frequently.
50
UNRISD. 1994. Illicit Drugs: Social Impacts and Policy Responses. Available at:
http://www.unrisd.org/80256B3C005BCCF9/(httpAuxPages)/4C3D0BE90FAD550480256B6400419B57/$file/bp
2.pdf.
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DRUG-RELATED CRIME
1. Classification Based on the Relationship of the Drug and the Law
 Legal drugs - some drugs are legal. These substances have psychoactive effect, but
they are tolerated by the law (they are not prohibited). The usage of this substance
can be regulated by law (for example consumption of alcohol is prohibited for people
under the age of 18). This group of drugs also includes substances, that have similar
effects like illicit drugs, but due to their chemical structure they are not prohibited by
the antidrug law. Some of these substances are under the control of medical
legislation, and it is prohibited to sell them for human consumption. For that reason
the sellers offer them as plant food, bath crystals or pond cleaner. This group of
substances is also called “legal highs”.
 Illegal drugs (illicit drugs) - are substances which are prohibited by the law. In the
Slovak legal framework, controlled substances are listed in the Act No. 139/1998 on
139/1998 Coll. on Narcotics and Psychotropic Substances and Preparations that came
into effect on June 1, 1999 in three categories, which include salts of narcotic drugs,
whenever they exist. Any illegal manufacture, sale, purchase, possession or any other
illegal usage of the substance which is listed in the law can be punished under the
Criminal Code.
Scheme 19
Legal drugs
CLASSIFICATION
BASED ON THE
RELATIONSHIP OF THE
DRUG AND LAW
Illegal drugs
(illicit drugs)
Classification Based on the Relationship of the Drug and Law
2. Classification Based on the Origin of the Drug
Based on their origin, drugs can be classified as follows:
 Natural drugs are derived from plants or animals and require little or no processing
at all. Opium, cannabis and coca paste fall under this category. An example of drug
obtained from animal is bufotenin, which is part of skin and poison of Colorado River
toad (Bufo alvarius). This substance has hallucinogenic effect.
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DRUG-RELATED CRIME
 Semi-synthetic drugs (also known as polysynthetic drugs) are substances that can be
ingested in their natural state for narcotic effects, but they can also be chemically
processed to produce a different (more potent) synthetic drug. The best example of a
semi-synthetic drug is heroin (the basic substance is obtained from poppy and it is
chemically processed to produce a more potent substance - heroin).
 Synthetic drugs are those substances that are produced entirely by chemical
reactions in a laboratory. Their chemical structure can be identical to naturally
occurring drugs, such as cocaine and opium, but they are often designed to enhance
the effects from naturally occurring drugs, or to prevent side effects that are
unwanted. Pharmacological activity within a group may vary widely.
Some of the synthetic drugs are also called “designer drugs”. Designer drugs are
chemical analogues of controlled drugs. Illegal producers modify slightly the molecular
structure of a prohibited substance in order to obtain similar or stronger pharmacological
effects, thereby avoiding prosecution.
Scheme 20
Natural
CLASIFICATION
BASED ON THE
ORIGIN OF THE
DRUG
Semisynthetic
Synthetic
Classification Based on the Origin of the Drug
3. Classification Based on the Effect of the Drug
According to the effect of the drug on the human body and human psychology, we
can categorize drugs into these three groups:
 Depressants are drugs that inhibit the function of the central nervous system and are
among the most widely used drugs in the world. These drugs operate by affecting
neurons in the nervous system, which leads to symptoms such as drowsiness,
relaxation, decreased inhibition, anaesthesia or sleep. In large doses, depressant
drugs may lower these body functions to the point that it may cause coma or even
death. Thanks to the effects they are sometimes called “downers”. The examples
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DRUG-RELATED CRIME
include barbiturates, benzodiazepines, opiates and certain types of medications
(sleep medications).
 Stimulants are drugs that stimulate the brain and the central nervous system, which
means that they speed up the messages between the brain and the body. Stimulants
have various effects on the human body and the psychological condition, including
increased blood pressure, heart rate, respiration rate, raised blood sugar levels,
increased energy and alertness and decreased appetite. Since they can increase
alertness and elevate mood, they can become quite addictive. Stimulants are
sometimes referred to as “uppers“. A typical example of a stimulant is cocaine,
amphetamine, methamphetamine or ecstasy.
 Hallucinogens, sometimes referred to as “psychedelics”, are drugs that act on the
brain, intensifying all senses, dramatically affecting perception, and creating
disorientation. Hallucinogens raise the heart rate and sensory activity and muddle
perceptions of reality. The examples include LSD (lysergic acid diethylamide),
psilocybin (magic mushrooms), mescaline (Peyote - cactus).
Scheme 21
Depresants
CLASSIFICATION
BASED ON THE
EFFECT OF THE
DRUG
Stimulants
Hallucinogens
Classification Based on the Effect of the Drug
4. Classification Based on the Combination of the Effect and the Origin of the Drug
This classification was created to facilitate categorization of drugs in practice.
According to this classification the drugs can be classified into the following groups:
 Opiates
Opiates are powerful drugs derived from the poppy plant that have been used for
centuries to relieve pain. Because opiates are central nervous system depressants, an
overdose can lead to a coma and death. Opiates can produce surges of pleasure
followed by stupor. The natural opiates include opium, morphine, and codeine. Other
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DRUG-RELATED CRIME
substances, called opioids, are man-made. As an example, we can mention
substances such as Demerol, Fentanyl, Methadone and others. Heroin is arguably the
most abused opioid.
 Psychostimulants
Psychostimulants produce a variety of different kinds of effects by enhancing the
activity of the central and peripheral nervous systems. Common effects, which vary
depending on the substance in question, may include enhanced alertness,
awareness, wakefulness, endurance, productivity, and motivation, increased arousal,
locomotion, heart rate and blood pressure, and perception of a diminished
requirement for food and sleep. Many stimulants are also capable of improving
mood and relieving anxiety, and some can even induce feelings of euphoria.51
 Hallucinogens
Hallucinogenic drugs, also known as 'psychedelics', are drugs that change the way a
person perceives the world. Hallucinogens affect all the senses, altering a person's
thinking, sense of time and emotions. They can cause a person to hallucinate - seeing
or hearing things that do not exist or are distorted. There are many different kinds of
hallucinogens. Some occur naturally, in trees, vines, seeds, fungi and leaves. Others
are made in laboratories. Some examples of hallucinogens are: LSD (lysergic acid
diethylamide), PCP (phencyclidine), magic mushrooms (psilocybin), ketamine,
mescaline (peyote cactus).52
 Cannabinoids
Cannabis products are considered in a classification of their own because they act
like a hallucinogen, but also produce depressant effects. Cannabis effects include
relaxation and slowed response time, as well as memory and concentration
problems. Cannabis comes from the flowering tops and leaves of the hemp plant
Cannabis sativa. The most important cannabinoid in cannabis is tetrahydrocannabinol
(THC), which is also the principal psychoactive constituent of cannabis. There are
many products which contain THC, for example dried cannabis plants, cannabis oil,
hashish and other.
51
Stimulant. Available at: https://en.wikipedia.org/wiki/Stimulant.
Australian drug foundation. Drug info. Available at: http://www.druginfo.adf.org.au/drugfacts/hallucinogens.
52
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DRUG-RELATED CRIME
 Psychopharmaceutical drugs
 Solvents and Inhalants
Solvents and inhalants are found in household and commercial products. They are
used by pouring the product into a bag and inhaling. Effects range from effects
similar to being intoxicated to serious and unpredictable results such as seizures,
convulsions, brain damage, heart failure, and death.53
Scheme 22
Opiates
Psychostimulants
CLASSIFICATION BASED ON
THE COMBINATION OF
EFFECT AND ORIGIN OF THE
DRUG
Hallucinogens
Cannabinoids
Solvents and Inhalants
Classification Based on the Combination of Effect and Origin of the Drug
Dependence
Dependence is a general term, the state of needing or depending on something or
someone for support or to function or survive. In 1964 a WHO Expert Committee introduced
the term "dependence" to replace addiction and habituation.
Drug dependence is a state, psychological and sometimes also physical, resulting
from the interaction between a living organism and a drug, characterized by behavioural and
other responses that always include a compulsion to take the drug on a continuous or
periodic basis in order to experience its psychological effects, sometimes to avoid the
discomfort of its absence. Tolerance may or may not be present. A person may be
dependent on more than one drug.54
53
Drug classification. Available at:
http://www.druged.ednet.ns.ca/Supplement/Appendices/IRE/Classifications/Classifications.html.
54
WHO. 1964. WHO expert committee on drug dependence, 16th report. Geneva. 1964. p. 6.
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DRUG-RELATED CRIME
Scheme 23
Physical
DEPENDENCE
Psychological
Dependence
As has been mentioned, there are two forms of dependence:
Physical Dependence
Physical dependence occurs when the body becomes so accustomed to a particular
drug that it can function normally only if the drug is present. Without the drug, the user may
experience a variety of symptoms ranging from mild discomfort to convulsions, depending
on the drug. These symptoms, some of which can be fatal, are collectively referred to as
“withdrawal”. Not all drugs produce physical dependence, but they may still be abused
because of their perceived effects, or psychological dependence. Physical dependence is one
of the factors contributing to the continued use of drugs.
Psychological Dependence
Psychological dependence exists when a drug is so central to a person’s thoughts,
emotions, and activities that it is extremely difficult to stop using it or even stop thinking
about it. Like physical dependence, psychological dependence is the result of ongoing drug
use and a cause of continued use.55 Psychological dependence refers to the perceived
“need” or “craving” for a drug. Individuals who are psychologically dependent on a particular
substance often feel that they cannot function without continued use of that substance.
While physical dependence disappears within days or weeks after drug use stops,
psychological dependence can last longer and is one of the primary reasons for relapse
(initiation of drug use after a period of abstinence). Contrary to common belief, physical
dependence is not addiction. While addicts are usually physically dependent on the drug
they are abusing, physical dependence can exist without addiction. For example, patients
55
Dept. of Health Promotion and Protection - Nova Scotia, Canada. Drug terms. Available at:
http://www.druged.ednet.ns.ca/Supplement/Appendices/IRE/Terms/Terms.html.
153
DRUG-RELATED CRIME
who take narcotics for chronic pain management or benzodiazepines to treat anxiety are
likely to be physically dependent on that medication.56
There are several stages of drug use that may lead to dependence. Young people
seem to move more quickly through the stages than do adults. The stages are:
 Experimental use - typically involves peers, done for recreational use; the user may
enjoy defying parents or other authority figures.
 Regular use - the user misses more and more school or work; worries about losing
drug source; uses drugs to "fix" negative feelings; begins to stay away from friends
and family; may change friends to those who are regular users; shows increased
tolerance and ability to "handle" the drug.
 Daily preoccupation - the user loses any motivation; does not care about school and
work; has obvious behaviour changes; thinking about drug use is more important
than all other interests, including relationships; the user becomes secretive; may
begin dealing drugs to help support habit; use of other, harder drugs may increase;
legal problems may increase.
 Dependence - cannot face daily life without drugs; denies problem; physical
condition gets worse; loss of "control" over use; may become suicidal; financial and
legal problems get worse; may have broken ties with family members or friends.57
But, what is the difference between a habit and dependence?
 Dependence - there is a psychological/physical component; the person is unable to
control the aspects of the addiction without help because of the mental or physical
conditions involved.
 Habit - it is done by choice. The person with the habit can choose to stop, and will
subsequently stop successfully if they want to. The psychological/physical
component is not an issue as it is with an addiction.58
56
DEA. Drugs of abuse. Available at:
http://www.justice.gov/dea/pr/multimedia-library/publications/drug_of_abuse.pdf#page=36.
57
U. S. National Library of Medicine. Drug dependence. Available at:
http://www.nlm.nih.gov/medlineplus/ency/article/001522.htm.
58
Medical News Today. What Is Addiction? What Causes Addiction? Available at:
http://www.medicalnewstoday.com/info/addiction/.
154
DRUG-RELATED CRIME
Drug-related Crime
Illegal drug use is “almost automatically” associated with criminal behaviour. The
statistical relationship between illegal drug use and crime is convincing at first glance, but it
is not possible to draw a conclusion regarding a definite cause-and-effect link between the
two phenomena. Drug use is still, for the most part of users a sporadic, recreational,
exploratory activity. Most people are able to manage their drug use without any difficulty.
Very few will become regular users, and even fewer will develop a drug addiction.59
However, the relationship between drugs and crime is neither simple nor linear. Nor
is it universal: many repeat offenders are not involved in drug use and many dependent drug
users do not commit any crimes (other than drug use/possession, where it is criminalized).
Although studies do not show any strong link between experimental drug use and offending,
they do tend to show that delinquency often precedes involvement with illicit drugs. This is
especially true for those drugs particularly associated with dependence and problems, such
as heroin or crack cocaine. Studies have also shown that dependent drug users may commit
acquisitive crimes as a means of supporting their drug habits. For the career criminal, drugs
may form part of the deviant lifestyle, with spending on drugs being a demonstration of
wealth and status. And some may go on to become more regular or dependent drug users,
which can in turn lead to their increased involvement in crime or the drug market. Thus,
a mutual reinforcement effect between criminal involvement and drug use can exist, with
those involved in a deviant criminal subculture being at elevated risk of developing drug
problems and those with drug problems being at elevated risk of becoming involved in
criminal acts.60
Any attempt to impose a standard definition on such a complex phenomenon as
drug-related crime is necessarily reductive. However, such a definition of drug-related crime
is essential to any attempt to assess its extent, patterns and trends. A number of different
explanatory models for the drugs-crime nexus have been proposed: crime leads to drugs;
drugs lead to crime; drugs and crime are correlated through co-occurrence; drugs and crime
are mediated by a range of other variables and share a common cause. In practice, each
model is sometimes valid and can be applied to some subgroups of the population of drug59
CASAVANT, L., COLLIN, CH. 2001. Illegal drug use and crime: a complex relationship. Available at:
http://www.parl.gc.ca/Content/SEN/Committee/371/ille/library/collin-e.htm.
60
CEPOL. Common curricula on drug trafficking. Trainer´s guide. p. 46.
155
DRUG-RELATED CRIME
using offenders or to some types of drug-related crime. It is important to remember that the
relationship between drugs and crime can be a dynamic one and may vary even in the same
person over time. An increasingly common approach in empirical studies has been to apply
the tripartite conceptual framework proposed by Goldstein61 for the relationship between
drugs and crime. In this model, drugs lead to violence through an integration of the
psychopharmacological, economic compulsive and systemic models. Although it may not
encompass all the possible relationships between drugs and crime, this approach does
provide a useful conceptual framework for the analysis of drug-related crime. Additionally,
from a policy perspective, it is helpful to include a legal definition model, in which crimes
against drug laws are considered to be another type of drug-related crime. The resulting
conceptual model, composed of four categories of drug crimes, is the basis for the definition
of the term “drug related crime“ used here, the individual components of which are
discussed below.62
The term “drug-related crime” is used to encompass these four types of crimes:
 Drug law offences,
 Psychopharmacological crimes,
 Economic compulsive crime,
 Systemic crime.
Scheme 24
DRUG
RELATED
CRIME
Drug Law
Offences
Psychopharmacologic
al Crimes
Economic
Compulsive
Crime
Systemic Crime
Classification of Drug-related Crime
Drug Law Offences
Violations of drug laws account for a significant proportion of law enforcement and
criminal justice resources and, by drawing resources away from other areas, may impact on
61
GOLDSTEIN. P. 1985. The Drugs/Violence Nexus: A Tripartite Conceptual Framework. Journal of Drug Issues,
39, p. 143-174.
62
EMCDDA. 2007. Drugs and crime-a complex relationship. In: Drugs in focus, issue: 16. EMCDDA, 2007. p. 2.
156
DRUG-RELATED CRIME
the commission of other crimes. They may include offences such as drug use, possession,
cultivation, production, importation and trafficking, but also other related offences such as
illicit manufacture/trafficking of precursors or money laundering. Drug driving (driving under
the influence of drugs) offences are also theoretically included in this category.63
Psychopharmacological Crimes
While the pharmacology of most illicit drugs is well known, the specific mechanisms
through which they promote violent behaviours are not fully understood although some
substances, usually stimulants, are known to produce psychotic episodes of behaviour and
may well exacerbate existing behavioural problems. That said, no psychoactive substance
can be said to have universal criminogenic properties and both individual and environmental
factors can influence how the use of psychoactive substances impacts on behaviour.64
According to the psychopharmacological model, the acute or chronic use of
psychoactive substances may result in aggression and violence. The effects of such drugs
include excitability, irritability, fear/paranoia, disinhibition, drastic mood swings, cognitive
distortions and impaired judgment, any of which may lead to criminal behaviour. It is also
important to include in this category crimes induced by the victim’s own drug use. Such
crimes are less visible, because many go unreported. Thus, psychopharmacological crimes
should also include crimes such as sexual assault committed while the victim is under the
influence of alcohol or other psychoactive substances, but also robbery or mugging that is
made possible because of the victim’s incapacitation and fights instigated under the
influence of drugs. Much of the existing research supports the view that there is a strong
association between alcohol intoxication and psychopharmacologically induced crime,
especially violence. Following a long way behind alcohol in this regard are the stimulants cocaine/crack and amphetamines. The use of opiates and cannabis is usually considered to
be unlikely to lead to psychopharmacologically induced crime, and may even contribute to
reducing it in some individuals, as these drugs (and tranquillisers) tend to reduce violent
impulses and aggression. However, irritability associated with the withdrawal syndrome, as
well as related mental health problems, may be linked to increased violence. While the
pharmacology of most illicit drugs is well known, the specific mechanisms through which
63
64
EMCDDA. Drug related crime. Available via: http://www.emcdda.EURpa.eu/themes/monitoring/crime.
157
DRUG-RELATED CRIME
they promote violent behaviours are not fully understood although some substances, usually
stimulants, are known to produce psychotic episodes of behaviour and may well exacerbate
existing behavioural problems. That said, no psychoactive substance can be said to have
universal criminogenic properties and both individual and environmental factors can
influence how the use of psychoactive substances impacts on behaviour. 65 Generally, we can
say, that the psychopharmacological crime is every crime committed under the influence of
drugs.
It is also important to include in this category crimes induced by the victim’s own
drug use. Such crimes are less visible, because many go unreported. Thus,
psychopharmacological crimes should also include crimes such as sexual assault committed
while the victim is under the influence of alcohol or other psychoactive substances, but also
robbery or mugging that is made possible because of the victim’s incapacitation and fights
instigated under the influence of drugs.66
Economic Compulsive Crime
Economic explanations present a strong argument that drug use can cause crime,
especially concerning habitual drug use (involving heroin, crack and cocaine) whereby the
user commits income generating crime (such as fraud or prostitution) in order to fund their
costly habit, they are dependent on. The most widespread of the economic models is
referred to as the ‘enslavement' model (Goldstein, 1985) which describes how addicts
become ‘enslaved', unable to control their use of the drug and incapable of supporting their
habit by working in a legitimate job, with few of these users holding the suitable skills
needed in order to obtain a job anyway, and consequently they must commit crime to
finance their habit.67
Goldstein’s (1985) economic compulsive theory lends the greatest amount of support
in analysing why heroin and crack-cocaine users engage in criminal activity. Typically these
drugs have been expensive in the black market or the drug user needs several “fixes” a day
65
67
Drugs, Crime and Society. Available at: http://www.law-essays-uk.com/resources/sampleessays/criminology/drugs-crime-and-society.php.
66
158
DRUG-RELATED CRIME
to satisfy their costly habit. The user’s primary motivation is not necessarily to commit
violent crime, but to commit crime that is financially prosperous to them.68
Systemic Crime
Systemic model suggests that the world of drug dealing is inherently violent. Drug
markets, because of their illicit status, sustain certain types of crime other than those
associated with drug supply and distribution, which may deeply affect a neighbourhood or a
local community. Systemic criminality refers mainly to violent acts (e.g. assaults, involuntary
manslaughter) committed within the functioning of illicit drug markets, as part of the
business of drug supply, distribution and use. Indeed, violence as a strategy of control is
used in various situations including territorial disputes, punishment for fraud, debt collection
and clashes with the police.69
In drug production and transit countries where the rule of law is challenged, systemic
crimes may also encompass, for example, corruption of businesses, governments and
banking systems or crimes against humanity by drug traffickers. Systemic violence is linked
to prohibition as it stems mainly from the illicit nature of a market characterized by huge
profits and whose participants cannot resort to standard business law.70
Money laundering is another activity, which can be included in systemic crime.
Money laundering is the process that disguises illegal profits without compromising the
criminals who wish to benefit from the proceeds. There are two reasons why criminals whether drug traffickers, corporate embezzlers or corrupt public officials - have to launder
money: the money trail is evidence of their crime and the money itself is vulnerable to
seizure and has to be protected. Regardless of who uses the apparatus of money-laundering,
the operational principles are essentially the same. Money-laundering is a dynamic threestage process that requires:

Placement, moving the funds from direct association with the crime;

Layering, disguising the trail to foil pursuit; and,

Integration, making the money available to the criminal, once again, with its
occupational and geographic origins hidden from view.
68
POWELL, M. A. A. Comprehensive Analysis of the Drug-Crime Relationship. Available at:
http://opensiuc.lib.siu.edu/cgi/viewcontent.cgi?article=1059&context=gs_rp.
69
EMCDDA. Drug-related crime. Available at: http://www.emcdda.EURpa.eu/themes/monitoring/crime.
70
159
DRUG-RELATED CRIME
These three stages are usually referred to as placement, layering and integration.71
Legal Framework
In general, current Slovak drug legislation is among the harshest in Europe. Also
Slovak drug policy is very strict. The criminal legal basis for the fight against drugs in the
Slovak Republic consists of the strategy of punishing the drug dealers, traffickers, possessors
and those who help legalize the profits of criminal drug activities. The legislation can be
divided into two groups:
A. International legislation,
B. National legislation.
A. International Legislation
International legislation on drugs consists of international conventions and other
international laws. The Slovak Republic is party to the following conventions:
 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol,
 1971 Convention on Psychotropic Substances;
 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
The three major international drug control treaties, the Single Convention on
Narcotic Drugs of 1961 (as amended in 1972), the Convention on Psychotropic Substances of
1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988, are mutually supportive and complementary. An
important purpose of the first two treaties is to codify internationally applicable control
measures in order to ensure the availability of narcotic drugs and psychotropic substances
for medical and scientific purposes, and to prevent their diversion into illicit channels. They
also include general provisions on illicit drug trafficking and drug abuse. The 1988 United
Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
extends the control regime to precursors, and focuses on establishing measures to combat
illicit drug trafficking and related money-laundering, as well as strengthening the framework
71
UNODC. Money laundering cycle. Available at:
http://www.unodc.org/unodc/en/money-laundering/laundrycycle.html.
160
DRUG-RELATED CRIME
of international cooperation in criminal matters, including extradition and mutual legal
assistance.72
More international legislation:
 Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11
February 2004 on drug precursors,
 Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the
monitoring of trade between the Community and third countries in drug precursors,
 Commission Regulation (EC) No 1277/2005 of 27 July 2005 laying down implementing
rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council
on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules
for the monitoring of trade between the Community and third countries in drug
precursors,
 Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, riskassessment and control of new psychoactive substances.
B. National Legislation
According to the Slovak legal framework, controlled substances are listed in the Act
No. 139/1998 on Narcotics and Psychotropic Substances and Preparations that came into
effect on June 1, 1999, in three categories, which include salts of narcotic drugs whenever
they exist. The objective of this law is to strictly define the conditions for cultivation,
producing, control, removal, distribution, application for scientific purposes and research,
export and import and transit of controlled substances. The general criterion for
classification is the health impact of a particular substance. Nevertheless, these controlled
substances can be included or excluded from each of the categories in relation to a UN
decision. The cultivation of poppy seeds is regulated by legally defined conditions, and
cultivation of cocaine and cannabis is prohibited with the exception of cultivation for
industrial purposes. Any trade in drugs that is in contradiction with the Act No. 139/1998 on
Narcotics and Psychotropic Substances and Preparations is considered to be illicit and so is
considered as "trafficking in drugs or psychotropic substances". The only three groups of
exceptions are for medical and chemical purposes under a special license, by the agriculture
72
UNODC. Legal Framework for drug Trafficking. Available at: http://www.unodc.org/unodc/en/drugtrafficking/legal-framework.html.
161
DRUG-RELATED CRIME
producers on the base of a special license, and possession by the Police Force according to
special law. 73
The addictive substance is defined in Section 130 para. 5 of the Criminal Code and
means alcohol, narcotic substances, psychotropic substances and other substances capable
of adversely influencing a person's psyche or his or her self-control or recognition abilities or
social behaviour.74
Drug criminal offences are listed in Title Three (Offences Endangering Life or Health)
of Slovak Criminal Code No. 300/2005. The specific offences are listed in the provisions of
Sections 171 - 174 of the Criminal Code.
Drug Offences
Chart 22
Chapter 1:
Offences against
Life and Health
•§ 171 - 173 Illicit Manufacturing and Possession of
Narcotic and Psychotropic Substances, Poisons or
Precursors and Trafficking in them
•§ 174 Illicit Distribution of Drugs
Legal Classification of Drug-related Crime
Section 171 of the Criminal Code stipulates a penalty of up to three years of
imprisonment for unlawful possession of a narcotic drug, psychotropic substance, poison or
precursor for one’s own consumption. Section 135 of the Criminal Code defines possession
for personal use as unlawful possession of a narcotic drug, psychotropic substance, poison or
precursor for one’s own consumption for any length of time in the amount that corresponds
to no more than the triple amount of a single dose. Possession of a larger amount of a
narcotic drug, psychotropic substance, poison or precursor for one’s own consumption
means an illicit possession for one’s own consumption of a narcotic drug, psychotropic
substance, poison or precursor for any length of time in the amount that corresponds to no
more than ten times the amount of one single dose (maximum penalty of 5 years
73
EMCDDA. Country legal profiles. Available at:
http://www.emcdda.EURpa.eu/html.cfm/index5174EN.html?pluginMethod=eldd.countryprofiles&country=SK.
74
162
DRUG-RELATED CRIME
imprisonment). The current criminal legislation on the fight against trafficking in drugs and
psychotropic substances is covered by Sections 172, 173 and 174 of Criminal Code.
Under Section 172 an offender can be held liable and sanctioned by 3 to 10 years of
imprisonment, if he unlawfully manufactures, imports, exports, transports or causes to be
transported, purchases, sells, exchanges, procures, or possesses for any length of time a
narcotic drug, a psychotropic substance, poison or precursor, or if such person brokers such
activity. The penalty rises to a range from 10 to 15 years of imprisonment, if the offender
commits such an offence and had already been convicted of the same type of offence, or he
commits the crime against a person in drug treatment, or by a more serious breach of
conduct or against a protected person or at a larger scale. The offender shall be punished by
a sentence of imprisonment for a term of between 15 and 20 years, if he commits the
offence referred to before and causes a grievous bodily harm or death thereby, or against a
person of less than fifteen years of age, or through the intermediary of such person, or at a
considerable scale. The sentence of imprisonment between 20 to 25 years or life
imprisonment shall be imposed, if the offender commits the offence and causes a grievous
bodily harm to several persons or the death of several persons thereby, or as a member of a
dangerous grouping, or at a large scale. Section 173 regulates the offence of production and
possession of precursors with the range of sentence of imprisonment from 1 to 5 years and
from 10 to 15 years depending on the profit obtained. Section 174 provides for an offence of
"spreading substance abuse", including incitement, which is liable for a sentence of 1-5 years
in prison, or 3-8 years if committed against a protected person (under the age of 18 or other
forms of vulnerability) or in public.75
According to statistical data, the most frequent type of criminal offence committed in
2013 was Illicit Manufacturing and Possession of Narcotic and Psychotropic Substances,
Poisons or Precursors and Trafficking in them.
Table 1
Sections
Tried persons
Sentenced persons
Females
Underage (14-18 y.)
§ 171
729
681
47
33
§ 172
722
656
48
22
§ 173
8
8
2
0
§ 174
37
36
3
11
Total
1556
1381
100
66
Number of Tried and Sentenced Persons for Drug Crimes in 2014 (Statistics of General Prosecution of the SR)
75
163
DRUG-RELATED CRIME
The rate of drug-related crimes during the monitored fourteen-year time period has
been oscillating. In comparison to 2000, in 2014 there was an increase by 278 percent.
Chart 23
3000
2500
2000
1500
1000
500
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Number of Drug Cases Dealt with Slovak Police in 2000 - 2014
Furthermore, there is a higher occurrence of drug-related crimes in certain Slovak
regions than in others.
Chart 24
Banská Bystrica
6%
Prešov
8%
Košice
9%
Žilina
7%
Bratislava
36%
Nitra
12%
Trenčín
11%
The Rate of Drug Cases in the Regions in 2014
Trnava
11%
164
DRUG-RELATED CRIME
Table 2
Year
Total number of people in
drug treatment in Health
Ministry and Justice
Ministry health care
facilities
Without stable
accommodation (%)
Unemployment rate (%)
Highest education attained
- elementary (%)
No education and/or with
incomplete elementary
education (%)
2004
2,315
2005
2,078
2006
1,927
2007
1,958
2008
2,056,
2009
1,909
2010
2,266
2011
2,313
2012
2,193
2013
2,484
7,6
8,9
8,6
9,6
7
10,6
11,9
11,2
no
13,5
54,2
43
54
39,1
55,2
38,5
56,5
40,3
53
39,5
63,2
39
59,7
41
56,3
37,8
58
36,2
58,3
35,5
no
no
no
no
no
2,5
2,6
1,3
3,8
3,5
Number and Structure of Clients Classified as Problem Drug Users Pursuant to the Report of Low Threshold Programs in
76
Slovakia (2004 - 2013)
1. What is a drug? Explain.
2. From which aspects are drugs categorized?
76
EMCDDA. 2012. National Report (2011 data) to the EMCDDA by the REITOX National Focal Point. SLOVAKIA
New Development, Trends and In- depth Information on Selected Issues. Bratislava. 2012. p. 70.
165
DRUG-RELATED CRIME
6.2
Methodology of Crime Detection and Investigation
The information presented in this subchapter comes from the Common Curriculum on
drug trafficking.77
All police departments, regardless of their size, are involved in some aspect of
criminal intelligence. Whether or not a department has a formal intelligence section, its drug
unit must undertake narcotics intelligence activity. Narcotics intelligence like general
criminal intelligence, incorporate a process which consists of five interrelated steps. These
are information collection, evaluation, collation, analysis and dissemination. It is through this
process that raw information is refined into usable intelligence for the unit.
Information collection is the initial step. It refers to gathering of raw information on
the activity of those persons suspected of being involved in drug activity. Information is
ordinarily collected in two ways - overtly and covertly. Most information is gathered overtly.
An example of this is the patrol officer who assists a drug unit through observation of
suspicious activities. This information might include data on observed activities of known
dealers and addicts, their associates, individuals with whom they have been seen, places
they frequented, and the license numbers and manufacturers of vehicles they use. Overt
drug intelligence gathering also includes obtaining information from the prosecutor,
newspapers and magazines, public records and documents, license applications, from other
police agencies and international cooperation.
Figure 35
Figure 36
35. Drugs which were hidden in the offender’s stomach
36. Illegal planting of marihuana
77
Common Curriculum on Drug Trafficking, Trainer´s manual. CEPOL. 2009 p. 75-77.
166
DRUG-RELATED CRIME
Figure 37
Figure 38
Figure 39
37. Marihuana plants
38. and 39. Equipment used for planting marihuana
If overtly produced information indicates that drug activities exists, covert methods
can be used to produce more detailed information about the nature of these activities and
the identity of the individuals involved. Covert intelligence is collected through the use of
physical surveillance, electronic surveillance, informants, and undercover agents. The unit
should use physical surveillance to keep track of the movements and activities of targeted
suspects. Since physical surveillance alone cannot provide the unit with the plans and
motives of the suspects, the unit should supplement its information with other covert
means. By using wiretaps, tape recorders, and other electronic devices in accordance with
legal and local policy requirements, the investigator is able to learn what is said during a
conversation between the suspects. Electronic surveillance can provide the drug officer with
evidence that will tie a suspect directly to a crime.
Evaluation of information mainly consists of determining whether or not a piece of
information is accurate, and it is principally done by those agents who have definite
knowledge of the content of the information and the source. Hence, the officer providing
the information should report on the reliability of the source and the credibility of the
information before the information is passed along to be collated and analysed, so that the
individuals concerned with these later steps can make accurate judgments.
Collation is the third step in the intelligence process and it consists of organizing
information or raw data into some logical sequence or pattern by which a particular
operation or ongoing activity can be understood. Information, as it is obtained, flows in bits
and pieces from different sources in non-chronological sequence. Hence, it must be
arranged in such a way that relationships are discernible. This, in turn, will facilitate the
167
DRUG-RELATED CRIME
filing, cross-filing and retrieval of the various pieces of information. Collation also facilitates
the analysis of information.
Analysis, the fourth step of the process, is basically the separation of potentially
valuable information from worthless or inaccurate data, and the conversion of the
information into finished intelligence. In a large drug unit, one or more investigators may be
assigned the role of intelligence analysis. On the other hand,, the entire intelligence function
in a small unit may be the responsibility of only one individual. Regardless of the unit size,
the primary contribution of the analyst is their ability to piece together the bits of
information to form working hypothesis.
Dissemination is the final step of the intelligence function. The first four steps result
in an Intelligence report. This report is submitted to the department head to assist them in
making decisions. The report must be objective, and must clearly distinguish between facts
and assumptions. In addition to a summary of the information considered to have value, the
report should contain conclusions based on that information. Dissemination to other units
should be at the discretion of the unit commander, and should be done based on the
purpose and content of the report, the need to know, the confidentiality of the informant or
source, and the progress of the ongoing information.
The types of intelligence that law enforcement agencies work with are tactical and
strategic. Tactical intelligence is that information regarding a particular event that can be of
immediate use to a unit. For example, information regarding the types of vehicles a dealer
uses would be tactical intelligence since it is of direct value in the setting up of surveillance.
Tactical intelligence may lead directly to an arrest or to recognition that more information is
needed. Strategic intelligence, on the other hand, is information about patterns of existing
criminal activity or trends that are developing. It is usually developed from information that
is collected over a period of time. When sufficient data is available, the intelligence analyst
identifies and reports patterns of criminal activity to the unit commander.
The concept of intelligence-led law enforcement is not a total revolution. After all, its
main principle - the exchange of information and intelligence between law enforcement
agencies - is being implemented in the Member States and at Europol every day.
Intelligence-led law enforcement is meant to make this exchange of information more
efficient and thus more effective, by allowing the selection of the most appropriate targets
168
DRUG-RELATED CRIME
based on the assessment of their roles, their impact upon society and the environment in
which they operate.
In practical terms this concept means that law enforcement moves away from ad-hoc
actions based for instance on the arrest of a courier or a seizure of drugs, towards combating
those criminal organizations that pose the most serious threat to a Member State. In other
words, intelligence-led law enforcement moves away from the crime to the criminal
organization; from reacting to incidents towards a pro-active, target-oriented approach;
from uncoordinated interventions to strategic planning and from local to national and
European Union-wide law enforcement priorities. When combating organized crime this
requires a good understanding of current and future threats posed by criminal organizations,
followed by priority setting, identification of data requirements and operational actions.
1. What is the relationship between the consumption of drugs and committing drugrelated crime?
2. How can drug-related crime be described?
3. Which steps does the intelligence process relating to drug-related crime consist of?
169
DRUG-RELATED CRIME
Drug abuse and drug related-crime are global phenomena that negatively influence
not only health and entire integrity of individuals but through their fundament they also
undermine the fundament of society in its entirety. It is necessary to realize that this illegal
activity makes a big profit and it is why criminal groups are interceded in this area. Criminal
offenders, through their illegal sources, gain an advantage over police or other law
enforcement bodies (on the contrary their legal sources are often limited). Perpetrators are
able to obtain up-to-date technology not only for manufacturing or distribution of drugs but
also for protection of their illegal “business”. Reaching this goal, criminal groups frequently
use corruption that is illegally funded as well. Drug-related crime is often the only type of
crime that is committed by criminal groups. On the other hand, in some cases production
and distribution of drugs are sources of another crime (funding or supporting terrorism,
extremism or other antisocial activities such as rebellions, coup attempts, etc.).
Detection of drug-related crime is a difficult and a very demanding process.
Competent police officers should be receptive to new ideas about erudite, systematic and
flexible crime detection. And last but not least, their professional experience has an
influence on the effectiveness of crime detection. It is necessary to stress that high level of
latency is an attribute of drug-related crime and there is an absence of an immediate
aggrieved party. As a result, only in a few cases certain people (drug users, witnesses,
relatives of drug users and so on) report the crime to the police. Most of the crimes should
be revealed and documented by the police. Evidence obtained by the police can be used for
successful punishment of criminal offenders. Criminal police use a system of operative
search activity and criminal intelligence in order to detect and investigate this type of crime.
It would be an illusion to think that it is possible to eliminate drugs from our society
entirely. Drugs and drug related crime dynamically adapt to new conditions that are created
by our society. The role of the police and other law enforcement bodies is to watch the
trends on the drug scene, adapt to them and protect the society effectively against the
negative consequences of drug abuse and drug-related crime.
170
DRUG-RELATED CRIME
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172
7 YOUTH-RELATED CRIME
MONIKA HULLOVÁ
173
7.1 Phenomenology
Youth-related crime can be divided into two basic categories:
 Juvenile crime (crimes committed by children, youth, or young adults),
 Crime against children and youth (crimes committed against children, youth or
crimes where the victims are children and youth).
Detection and investigation of juvenile crimes and crimes against children and youth
are the main responsibility of:
 The first operative department of the police district (low management),
 The first operative departments of the regional police headquarters (middle
management),
 The General Crime Department of the Criminal Police Bureau at the
Presidium of the Police Force (top management).
A. JUVENILE CRIME
Juvenile crime (juvenile delinquency, juvenile offending or youth crime) is a summary
term used for crimes committed by a person under the age of 18. According to the Slovak
criminal law “a minor” is a person under the age of 18 unless they have reached the legal
age (majority) earlier (e.g. by entry into marriage). Apart from that it is necessary to
distinguish between a “child” (a person who, at the time of commission of the criminal
offence, is younger than 14 years of age), “juvenile or young offender” (a natural person
who, at the time of commission of the criminal offence, is over 14 and under 18 years of
age), and “a young adult” (a person who is between 18 and 21 years old).
Moreover, a definition of this age-group can be found in the Slovak legislation:
 Act No 311/2001 the Labour Code (uses the term “juvenile employee” - an
employee under the age of 18),
 Act No 461/2003 on Social Insurance (uses the term “a dependent child” - a
person until the accomplishment of compulsory school education, but who
has not reached 26 years of age),
174
 Act No 305/2005 on Social and Legal Protection of Children (distinguishes
between “a child” - a person under the age of 18 and “young adult” - a person
under the age of 25),
 Act No 406/2011 on Volunteering (defines “youth” as a person aged between
15 and 18).
On the other hand, the United Nations defines youth as the persons between the
ages of 15 and 24 years (a period of transition from the dependence of childhood to
adulthood’s independence and awareness of their independence as members of a
community - youth is more a fluid category than a fixed age-group).78 Apart from that, the
term “teenager” is often considered synonymous with youth.
The facts above bring us to the conclusion that the definitions as well as the specific
age ranges vary, but all the categories of young persons require a targeted specific approach
to their protection, re-education and social reintegration.
In the Slovak Republic, special provisions on the prosecution of young offenders are
in force. For example, a young offender under 15 years of age who, at the time of
commission of the criminal offence, has not reached such a mental and moral state so as to
be able to recognize its unlawfulness, or to exercise self-restraint shall not be criminally
liable for committing the criminal offence. Furthermore, a misdemeanour that meets the
elements defined in the Criminal Code shall not be considered as a criminal offence if it has
been committed by a young offender. Similarly, if the offender has committed a criminal
offence at an age of a young adult, it can be considered a mitigating circumstance which
shall be taken into account by the court when imposing the sentence.
The specific features of juvenile crime are:
 Perpetrator (age, insufficient criminal experience, etc.),
 Criminal inclination to certain criminal offences (property crime or crime for
personal gain and profit),
 Specific modus operandi (in public spaces, in or near the school facilities,
unconscious or huge damages, vandalism, etc.),
78
UNESCO. What do we mean by „youth“? Available at: http://www.unesco.org/new/en/social-and-humansciences/themes/youth/youth-definition/.
175
 Specific factors or determinants (negative family background, bad social
situation, alcohol abuse, drug abuse, aggression, weak behavioural control,
inadequate solutions of the issues, specific motivation, etc.).
In 2014, the police detected 48,524 cases of general crime and 24,339 cases were
successfully solved. According to criminal statistical data 26,963 criminal offenders were
prosecuted, whilst 3,004 (11 %) of them were juvenile offenders and 874 (3 %) children.
The most frequent type of crime committed by young offenders in 2014 was property
crime (3,422 criminal offenders) and it was followed by violent crime (510 criminal
offenders), other general crime (366 criminal offenders), and crime against morality (311
criminal offenders). On the other hand, in the past 14 years an enormous decrease in the
number of juvenile crimes has been registered (more than 50 %).
Chart 25
Other General
Crimes
8%
Violent
Crime
11%
Moral Crime
7%
Property Crime
74%
Proportion of the Main Types of Juvenile Crime in the Slovak Republic, in 2014
Chart 26 shows the comparison and trend in juvenile crime and crime in total in the
past fourteen years. From 2001 to 2004, there was a sharp increase in the number of all
types of crimes. In the year 2004, the highest number of crimes (in total) was recorded by
the police (131,244 crimes), and since that time the crimes have been steadily decreasing
(comparing the last available data by the year 2004; in 2014 - a significant decline by 38 % in
the number of cases was recorded). On the other hand, the total fourteen-year rate of
176
juvenile crimes seemed to be constant, but in the analysed period of time an enormous
decrease has been recorded (more than 50 %). The local minimum was recorded in 2013, i.e.
4,563 criminal cases, and a local maximum was reached in 2001, i.e. 9,806 criminal cases.
Chart 26
140000
120000
100000
80000
60000
40000
20000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Juvenile Crime in Total
Crime in Total
Comparison of the fourteen-year trends of Juvenile Crime and Crime in Total
Violent Crime
The alarming fact is that violent crime occurs increasingly at elementary schools. The
age of criminal offenders varies (in 2014, there were 162 criminal cases committed by very
young offenders - children). The most frequent types of violent crime committed by young
offenders were (according to 2014 criminal statistic):
 Bodily harm (163 criminal cases),
 Robbery (138 criminal cases),
 Extortion (66 criminal cases),
 Forcible entry into dwelling (36 criminal cases),
 Serious threats (18 criminal cases),
 Assaulting a public official (6 criminal cases),
 Other violent crimes (4 criminal cases),
 Murder (1 criminal case),
 Manslaughter (3 criminal cases),
 Battering a close person and a person entrusted into one’ care (2 criminal cases).
177
Violent crimes were often committed by young delinquents in public places, schools,
or near school facilities. Mostly, the objects of their interest were money or other items such
as mobile phones, computers and other gadgets. A dysfunctional family environment played
a significant role and might have been the cause of the commission of the crime (incomplete
families, living in foster homes, bad social situation, etc.).
The fourteen-year trend in the rate of youth crime committed by child or juvenile
delinquents has been rather stable, as shown in the chart below. Comparing the rates and
trends of juvenile violent crime and violent crime in total, they are vastly different (from
2001 to 2014, violent crime was visibly decreasing, although in youth violent crime there was
a slight decrease).
Chart 27
16000
14000
12000
10000
8000
6000
4000
2000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Juvenile Violent Crime
Violent Crime in Total
Comparison of the fourteen-year trends of Juvenile Violent Crime and Violent Crime in Total
The crime of young delinquents constituted more than 36 % of the total number of
criminal cases against morality in 2014. Bad social and educational environment in the family
was considered as the most relevant cause of crime commission, especially in Roma families.
According to the police statistical data, the most frequent types of crimes against morality in
2014 were:
 Sexual abuse (278 criminal cases),
 Rape (10 criminal cases),
 Sexual violence (8 criminal cases),
 Possession, manufacturing and dissemination of child pornography (6 criminal cases),
178
 Disorderly conduct - causing public nuisance through performing a sexual
intercourse, indecent exposure or other pathological sexual practices (6 criminal
cases).
In comparison to violent crime, the situation in the area of crime against morality was
markedly different. In the interval between the years 2001 and 2010, the number of crimes
against morality was oscillating; on the other hand, between the years 2010 and 2011, was
on the increase (in 2011, the number of crimes reached its peak); between the years 2011
and 2013 the number of crimes against morality (juvenile crimes against morality and crimes
against morality in total) were falling; and finally, in 2014, the number of crimes increased.
Chart 28
1200
1000
800
600
400
200
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Juvenile Crimes against Morality
Crimes against Morality in Total
Comparison of the fourteen-year trends of Juvenile Crimes against Morality and Crimes against Morality in Total
Property Crime
Property crime constitutes the majority of juvenile crimes. Property crimes are often
committed by young delinquents in school facilities, electronic shops or storehouses,
weekend cottages, houses or flats, etc. Mostly, the objects of their interest are money or
other items such as mobile phones, computers and other gadgets. The most frequent types
of property crimes that were committed by young people were burglaries (879 burglaries
were committed by youth in 2014):
 Breaking into a house, a flat, or other accommodation facilities (174 criminal cases),
 Breaking into a weekend cottage (95 criminal cases),
 Breaking into a shop or storehouse (73 criminal cases),
 Breaking into a restaurant (55 criminal cases),
179
 Breaking into a school (30 criminal cases),
 Breaking into a newsagent (30 criminal cases),
 Breaking into a slot machine, a cash dispenser- ATM, or a safe (9 criminal cases),
 Breaking into a building with antiquities, works of art, and cultural items (7 criminal
cases),
 Breaking into other buildings or facilities (406 criminal cases).
The proportions of the main types of juvenile property crimes are shown in Chart 29.
Domestic burglaries (as well as unspecified burglaries) were the most frequent type of
juvenile property crime which was recorded by the police.
Chart 29
Breaking into a
School
4% Breaking into a
Breaking into
a Newsagent's
3%
Breaking into an
ATM, etc.
1%
Breaking into
Antiques, etc.
1%
Restaurant
6%
Breaking into a Shop
or Storehouse
8%
Breaking into a
Weekend Cottage
11%
Breaking into Other
Buildings, etc.
46%
Breaking into a
House, etc.
20%
Proportions of the Main Types of Burglaries Committed by Youth, 2014
It is known that young offenders usually take the objects of their desire quite quickly
and without long preparation. The analysis of the modus operandi suggests that during the
commission of property crimes the offenders enter the closed premises by unauthorised
180
forcing of a lock or by forcible overcoming of different security devices (they use physical
power, i.e. smashing with a hand, fist, or some object); they break the window pane, open
the window, remove the lock (of the doors), use the inattention of the owner (in pubs,
restaurants, etc.), or climbed over the fence (in cases of closed doors). According to the
available statistical data for 2014, the children and youth often committed thefts such as:
 Theft of personal or collective property from private land (e.g. harvest, wood, fish 496 criminal cases),
 Theft in a flat and in a house (117 criminal cases),
 Theft of personal or collective property in other premises (305 criminal cases),
 Theft of a motor vehicle (132 criminal cases),
 Theft of car components (48 criminal cases),
 Theft of personal property from a car (66 criminal cases),
 Pickpocketing (80 criminal cases),
 Theft of a bike (28 criminal cases),
 Theft of an animal (6 criminal cases),
 Theft of personal property of a passenger (2 criminal cases)
 Theft of personal property between colleagues in a workplace (9 criminal cases)
 Other theft of personal property from another person (without the use of violence,
otherwise it is considered robbery - 65 criminal cases),
 Other thefts (144 criminal cases).
It is interesting to note that in cases of pickpocketing the juvenile offenders usually
look out for drunk or elderly person, and then they watch their victim and wait until they fall
asleep or fall down.
The dominant reason for this criminal behaviour is getting money or other valuable
things. Their social or family background is typically unfavourable (positive parental role
model is absent, imprisoned or jobless parents, recidivist, without paying attention to child
development and education, sometimes parents encourage their children to committing
crime, etc.). A big problem in Slovakia is that the child and juvenile offenders of property
crime often belong to the Roma ethnic group, which is a real challenge for our society. The
most frequent objects of their interests in 2014 were: drugstore products, alcohol, tobacco,
181
sweets, chewing gums, watches, electronics, and various tools such as chain saws, brush
cutter and clearing saws, computers, and other gadgets.
Apart from that, young offenders frequently destroyed, damaged, or rendered
unusable things which belonged to another person, and thus caused damage to another
person’s property (321 discovered criminal cases in 2014). That may be illustrated on the
examples of vandalism, graffiti, smashed glass, demolition of waste containers, traffic signs,
car wipers, etc. Many theoreticians and police experts considered this activity as a typical
feature of juvenile crime.
Chart 30
90000
80000
70000
60000
50000
40000
30000
20000
10000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Juvenile Property Crime
Property Crime in Total
Comparison of the fourteen-year trends of Juvenile Property Crime and Property Crime in Total
The fourteen-year trend of juvenile crime shows that the rate of property crimes
committed by young delinquents was rather stable. Comparing the trends of juvenile
property crime and total property crime, they are vastly different. From 2001 to 2004, the
total property crime rate was increasing, but from 2004 to 2014, the Chart 30 shows a
decline by about 56 % (42,797 criminal cases) in the number of total property crimes
recorded by the Slovak Police Force, and in juvenile property crime, there was a fall of 2,066
crimes (39 %).
Other General Crime
The number of other general crimes committed by young offenders in 2014 within
other general crime in total is 366 cases (from 7,735; it means 4.7 %). The most frequent
type of other general crime committed by young offenders in 2014 was disorderly conduct
182
(94 criminal cases of disorderly conduct). The rest of this category of crime in that year
included:
 Illicit manufacturing and possession of narcotic and psychotropic substances, poisons
or precursors and trafficking in them (21 criminal cases),
 Illicit distribution of drugs (17 criminal cases),
 Unlawful possession of drugs for personal use (71 criminal cases),
 Arson (16 criminal cases),
 Prohibited acquisition and possession of firearms and trafficking in them (13 criminal
cases),
 Obstructing the execution of an official decision (43 criminal cases),
 Smuggling of migrants (13 criminal case),
 Other (14 criminal cases).
Chart 31
Smuggling of
Migrants
10%
Illicit Manufacturing
and Possession of
Drugs, etc.
15%
Other
10%
Illicit Distribution of
Drugs
12%
Obstructing the
Execution of an
Official Decision
31%
Arson
12%
Trafficking in
Firearms, etc.
10%
Proportion of Other General Crimes Committed by Youth, 2014
Concerning the disorderly conduct, young offenders repeatedly verbally or physically
committed gross indecency or disturbed peace in a place accessible to public. They
frequently spread negative information about someone else (insult), polluted public places,
destroyed or damaged property of another, caused disturbance in the sleeping hours, and so
183
on. Usually they were under the influence of alcohol or other substances in order to get
enough courage to do it. Common reasons for disorderly conduct were to attract or appeal
to somebody (the opposite sex or people who are about the same age, similar interests,
etc.), or sometimes to humiliate, intimidate, and have control over somebody. With regard
to drug-related crime, they usually carried only a small amount of drugs (1 or 2 fixes) for
their personal use, as they tended to claim.
Chart 32
12000
10000
8000
6000
4000
2000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Miscellaneous General Crimes of Juveniles
Comparison of the fourteen-year trends of Other General Crimes of Juveniles and Other General Crimes in Total
As can be seen in Chart 32 the fourteen-year trend in youth crime has been rather
steady. Comparing the trends of other general crime of juveniles and other general crime in
total, we see a big difference. From 2001 to 2005, the number of other general crimes in
total increased; then in 2005 other general crimes in total fell considerably (-6 %); between
2006 and 2009 the rate slowly increased again; in 2010 a decline of (-8 %) and in 2011 a rise
of (+7 %) in the number of crimes was recorded by the police. Moreover, as the chart shows,
since 2001 up to now, the downward trend of other general crimes in total has been
noticeable (-23 %), as well as the decline (-30 %) in other general crimes of the juveniles.
Economic and Environmental Crime
In 2014, young offenders committed 117 cases of economic and environmental crime
(i.e. 0.67 % of the economic and environmental crime in total). As Chart 33 shows, the most
frequent type of crime committed by this category of perpetrators was unlawful enjoyment
of payment means, electronic money, and other payment card (an offender unlawfully
manufactured, altered, imitated, counterfeited or gained possession of payment means,
electronic money or other payment card or phone card, or an object of similar function, for
184
the purpose of using it as genuine, or they processed, transported, used or provided it to
another for the same purpose). The most typical modus operandi usually consisted of
stealing the belongings of another person and then (shortly after the commission of the
crime) withdrawing money from an ATM using the stolen credit card.
The second frequent type of crime committed by youth was poaching (unlawful
infringement of hunting regulations by engaging in game hunting and fishing during the
closed season, or by using unlawful methods, or by concealing, having in their possession or
transferring to themselves or another the game and fish unlawfully caught or found). The
most frequent modus operandi was unlawful fishing for personal use, and the typical
perpetrator usually came from lower social classes.
Chart 33
Subsidy Fraud
3%
Other
11%
Unlawful Enjoyment
of Motor Vehicle of
Another
4%
Embezzlement
2%
Poaching
30%
Currency Protection
3%
Fraud
16%
Unlawful Enjoyment
of Payment Means
or Payment Card
31%
Proportion of Economic and Environmental Crimes Committed by Youth, 2014
Moreover in 2014, juvenile offenders participated in the commission of crimes or
committed other types of crime such as bodily harm by negligence (9 criminal cases), crimes
against humanity (8 criminal cases), threat due to intoxication (41 criminal cases), making
false alarms or reports (10 criminal cases), and traffic accident-related crimes, i.e.
manslaughter, failure to provide assistance (17 criminal cases). The information above
indicates that the most frequent type of crime in 2014 was threat due to intoxication (mostly
due to alcohol). This crime was prevailingly committed by youth (a young person aged 15 18).
185
B. CRIME AGAINST CHILDREN AND YOUTH
Young people (children and youth) occur as victims in relation to moral, violent and
property crime. The basic feature of violence in a family is maintaining power and control
over the other members of the family. That is demonstrated through coercion, intimidation,
emotional tyranny, existence of male privilege (advantages or rights that are made available
to men solely on the basis of their sex), economic violence, denial and deprivation of basic
personal needs, blaming, etc. That is why aggressors use physical, mental or sexual abuse.
The proportion of the most frequent type of crime against children and youth in 2014 is
displayed in Chart 34.
Chart 34
Other General Crime
0%
Property Crime
17%
Other
5%
Violent Crime
35%
Crime against
Morality
43%
Proportion of the Main Types of Crimes Committed against Children and Youth, 2014
In general, police experts are convinced that the “type and rate of criminal activity
varies with settlement size, within different parts of an urban area, and with a variety of
geographic factors (such as land use, population density, housing type and physical
geography). The amount of crime also varies in rural areas, with larger settlements reporting
more crimes than smaller ones.”79 The fact that crime is associated with certain geographical
factors follows implicitly from police statistics. There are certain correlations between the
79
NAGLE, G., SPENCER, K. Geographical enquires: Skills and Techniques for Geography. Available at:
http://books.google.sk/books?id=KXWRZogO4eQC&pg=PA104&lpg=PA104&dq=number+of+crime+vary+geogr
aphical+factor&source=bl&ots=bktW9dNvdo&sig=RjgW_6vfKaxLpkY1CN38d5eTSU&hl=sk&sa=X&ei=F90dU6r6MOWBywOVsIDIDQ&ved=0CCoQ6AEwAA#v=onepa
ge&q=number%20of%20crime%20vary%20geographical%20factor&f=false.
186
geographic factors (particular regions of the Slovak Republic) and crime rate trends or the
numbers of revealed crimes. For example, in 2014 the highest levels of crimes against youth
were recorded in the Košice Region and the Prešov Region. On the other hand, the Prešov
Region and the Žilina Region recorded the highest rate of solved crimes.
Table 3
Region
BA
TT
TN
NR
ZA
BB
PO
KE
SR
Number of
Recorded
Crimes
Clear up Rate (Solved
Cases)
Clear up Rate (%)l
171
102
86
127
130
203
275
315
1409
74
45
52
89
107
157
239
206
969
43.27
44.12
60.47
70.08
82.21
77.34
86.91
65.4
68.77
Rate of Reported Crimes against Children and youth in the Slovak Regions
Legend:
BA - Bratislava, TT - Trnava, TN - Trenčín, NR - Nitra, ZA - Žilina BB - Banská Bystrica, PO- Prešov, KE - Košice, SR - the Slovak
Republic
Violent Crimes Committed against Children and Youth
Statistic figures from the annual police reports indicate that in 2014, the police dealt
with 485 detected or reported crimes where the victims were young persons (children and
youth). The number of violent crimes in the Slovak Republic has been steadily decreasing (61 %) since 2001. Apart from that, in 2014, 373 criminal cases (almost 77 %) were solved and
closed, which is very positive. When comparing the violent crimes committed against
children and youth and those committed on all categories of victims (minors, youth and
adults), the trend in both groups of crime has been on the decrease, although the first one is
less sharp than the latter.
Chart 35
20000
15000
10000
5000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Violent Crimes Committed on Minors and Youth
Violent Crimes in Total
Comparison of the fourteen-year trends in Violent Crime Committed against Youth and Violent Crime in Total (all categories
of victims)
187
In general, the most serious violent crime committed against children and youth is
murder. In 2014, the police solved 3 criminal cases of murder where the victims were: newborn children (2 criminal cases), and young persons aged 15 - 18 (1 criminal case).
Figure 40
Figure 41
40. Arrival of the investigation team at the crime scene
41. The body of a dead child who was the victim of sexual murder
The most frequent violent crime committed against youth was intentional bodily
harm (184 criminal cases). Other typical violent crimes committed against youth were:
 Extortion (89 criminal cases),
 Robbery (68 criminal cases),
 Battering a close person and a person entrusted into one’s care (55 criminal cases),
 Serious threats (43 criminal cases),
 Kidnapping and abandonment of a child (13 criminal cases),
 Forcible entry into dwelling (5 criminal cases),
 Other (24 criminal cases).
In 2014, the typical modus operandi of violent crime committed against youth was as
follows: the cases of intentional bodily harm were instigated by previous arguments or fights
(usually in households) and could be considered as “domestic violence”. Robberies were
frequently committed in the streets and usually, the object of interest was money or other
valuable items. Assaults were frequently committed using knives. The most common
motives for the commission of the crimes were social differences, drug abuse and gambling.
188
Chart 36
Battering a Close Forcible Entry Murder Other
Person and a Person into Dwelling
3%
1%
Entrusted into one's
1%
Care
11%
Kidnapping and
Abandonment of a
Child
3%
Bodily Harm
39%
Serious Threats
9%
Robbery
14%
Extortion
19%
Proportion of the Main Types of Violent Crimes Committed against Youth, 2014
Crimes against Morality Committed against Children and Youth
In 2014, there were 599 cases of crime against morality committed against children
and youth and 498 of them were solved (the clear up rate was more than 83 %). From a long
term point of view, the Police Force of the Slovak Republic has recorded a rather high level
of solved cases of crime against morality. In 2104, the gender structure of the victims was:
 Children under 6 years of age (5 boys, 18 girls),
 Children aged 7 - 13 (42 boys, 163 girls),
 Young people aged 14 - 18 (29 boys, 336 girls).
Chart 37
400
350
300
250
200
Boys
150
Girls
100
50
0
Children under 6 years of age
Children aged 7 - 13
Age Categories and the Numbers of Victims by Gender
Young people aged 14 - 18
189
As it can be seen from Chart 37, there is a huge disproportion between the number
of female victims and male victims. The most typical young victim of the crimes against
morality (according to the age and gender) is a girl in the age in the range of 14 to 18. This
may be related to the fact that the typical offender is a heterosexual male.
The most frequent type of crime against morality committed against children and
youth was sexual abuse (528 criminal cases; 449 of them were successfully solved; the clear
up rate was more than 85 %). It was followed by sexual violence (32 criminal cases; 21 of
them were successfully solved; the clear up rate was more than 65 %) and rape (34 criminal
cases; 24 of them were successfully solved; the clear up rate was more than 70 %).
Chart 38
Trafficking in
Human Beings
Sexual Violence
1%
5%
Rape
6%
Sexual Abuse a
Person Entrusted
into one's Care
1%
Sexual Abuse of
Other People
87%
Proportion of the Main Types of Crimes against Morality Committed against Youth, 2014
Sexual abuse was frequently committed in households whereas the perpetrators
used petting (fondling, erotic touches) or oral and sexual intercourse. Rapes were typically
committed by unknown offenders (the victim didn’t know the identity of the perpetrator).
They lured the victims to a secluded place and used their defencelessness. Over the last few
years a voluntary sexual intercourse with children (under 15 years of age) has been
recorded.
The most relevant cause of crimes against morality committed against children and
youth is the social environment where the children and youth live, insufficient educational
190
background in the family, social pathologic behaviour caused by insufficient regulation of
behaviour. Apart from that, it is also caused by the different social norms of the Roma ethnic
group, where sexual intercourse with a person under 15 years of age is generally accepted.
When comparing the fourteen-year trend in crimes against morality in general and
the fourteen-year trend in crimes against morality committed against children and youth,
they are very similar (their local minimums were in 2005, 2010, and 2013 and their local
maximums were in 2004, 2008, 2011, and 2014).
Chart 39
1200
1000
800
600
400
200
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Crimes against Morality Committed on Youth
Crimes against Morality in Total
Comparison of the fourteen-year trend in Crimes against Morality in General and the fourteen-year trend in Crimes against
Morality Committed against children and Youth
When discussing crimes against morality, it is important to focus on child
pornography more deeply. Child pornography requires specific skills of police specialists who
can recognize the symptoms, features, means and other relevant characteristics of the crime,
as well as possible offenders and potential victims. Because of the latest development in
computer technology, including online services, the perpetrator is able to communicate with
the victim with greater ease or with greater technical advancement, which makes these
crimes very difficult to detect or investigate quickly and thoroughly.
In 2014, 66 criminal cases of child pornography were detected by police officers
whilst 33 of them were successfully solved (the clear up rate was exactly 50 %). The most
frequent type of crime related to child pornography in 2014 was the dissemination of child
pornography. According to the Slovak Criminal Code, dissemination also includes: launching
the distribution of child pornography, its transportation, procurement or otherwise making
child pornography accessible.
191
Table 4
2014
Detected
Solved
%
MANUFACTURING OF
CHILD
PORNOGRAPHY
20
11
55
DISSEMINATION
OF CHILD
PORNOGRAPHY
27
12
44.44
POSSESSION OF
CHILD
PORNOGRAPHY
19
10
52.63
TOTAL NUMBER
66
33
50
Child Pornography in the Slovak Republic, 2014
Chart 40
Boys (7 - 14 years
old)
3%
Boys (15 - 18 years
old)
12%
Girls (15 - 18 years
old)
3%
Men (31 - 60 years
old)
32%
Men (19 - 30 years
old)
47%
Women (19 - 30
years old)
3%
Criminal Offenders of Child Pornography (according to their age and gender), 2014
As may be seen in Chart 40, the most common child pornography offenders in 2014
in the Slovak Republic, according to their age and gender, were men aged 19 - 30.
Criminal offenders often use online communication services or online social
networking services such as instant messaging, e-mails, blogs, forums, chat rooms, and social
networking sites (e.g. Skype, Pokec.azet.sk or Facebook). At the beginning they contact the
potential victim and gain their confidence. Afterwards they convince the victim to share or
disclose some personal information which can later be used for coercion. On the basis of
that they solicit (authorize, urge, command, entice, request or advice) a child for sexually
explicit conduct (masturbation, lascivious exhibition of genitals, pubic areas, breasts or other
naked parts of the body). The purpose is to obtain, possess and disseminate visual depiction
of minors through photography, film, video, picture or computer-generated image. The
experience from the recent criminal cases solved by the Slovak Police Force shows, the main
192
causes (circumstances and conditions) of child pornography were: higher anonymity, indirect
contact, distortion of reality under the false pretext of personal benefit, signs of pathological
behaviour, etc.
Property Crimes Committed against Children and Youth
In 2014, 243 property crimes where the victims were children and youth occurred
state-wide (56 of them were solved, i.e. the clear up rate was over 23 %). The victims were
young persons aged 14 - 18 (209 criminal cases), aged 6 - 14 (31 criminal cases), and under
the age of 6 (3 criminal cases).
Chart 41
Thefts of
Passenger's
Property during
Transport
23%
Pickpocketing
50%
Other Thefts
27%
Thefts during Sexual
Intercourse
0%
Structure of Property Crimes Committed against Youth, 2014
Other Crimes Committed against Children and Youth
As Chart 42 shows, in 2014, the most frequent type of crime committed against
children and youth in this category of other crimes was unintentional bodily harm (57
criminal cases, 28 of them were successfully solved which means that the clear up rate was
more than 49 %). Data for other crimes committed against children and youth includes such
cases as causing a traffic accident and a work accident, but in 2014 the number of cases of
these crimes was insignificant.
193
Chart 42
Other
Crimes
12%
Unintentional Bodily
Harm
88%
Structure of Other Crimes Committed against Children and Youth, 2014
Numerous research studies have concluded that a complex of interaction or
combination of factors leads to an increased risk of violent behaviour in children and
adolescents:
 Previous aggressive or violent behaviour,
 Being the victim of physical abuse and/or sexual abuse,
 Exposure to violence in the home and/or community,
 Genetic (family heredity) factors,
 Exposure to violence in media (TV, movies. etc.),
 Use of drugs and/or alcohol,
 Presence of firearms in home,
 Combination of stressful family socioeconomics factors (poverty, severe
deprivation, marital breakup, single parenting, unemployment, loss of support
from extended family),
 Brain damage from head injury.80
The data for other crimes committed against children and youth in terms of regional
aspects is presented in Table 5 and in Chart 43. The highest levels of other crimes were
recorded by the Police Regional Headquarters in Košice and Prešov.
80
AMERICAN ACADEMY OF CHILD &ADOLESCENT PSYCHIATRY. Understanding Violent Behaviour in Children
and Adolescents. Available at: http://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFFGuide/Understanding-Violent-Behavior-In-Children-and-Adolescents-055.aspx.
194
Chart 43
Bratislava
12%
Košice
22%
Trnava
7%
Trenčín
7%
Prešov
17%
Nitra
12%
Banská Bystrica
14%
Žilina
9%
Regional Aspects of Crime Rates (Other Crimes Committed against Children and Youth), 2014
Table 5
Type of
Crime
Violent
Crime
Crimes
against
Morality
Property
Crime
Other
Crime
Total
2014
BA
TT
TN
NR
ZA
BB
PO
KE
SR
Occurrence
Clear
up
rate
%
Occurrence
Clear
up
rate
%
Occurrence
Clear
up
rate
%
Occurrence
Clear
up
rate
%
Occurrence
Clear
up
rate
%
39
29
40
20
30
16
73
53
70
60
69
56
85o
78
79
61
485
373
74.36
44
33
50
40
18
53.33
40
29
72.6
39
26
85,71
43
40
81.16
89
80
91.76
155
142
77.22
149
130
76.91
599
498
75
77
9
45
14
4
72.5
9
3
66.67
12
8
93.02
7
2
89.89
36
17
91.61
19
9
87.25
69
4
83.14
243
56
11.69
8
1
28.57
7
3
33.33
6
3
66.67
1
0
28.57
6
3
47.22
8
3
47.37
11
8
5.8
18
11
23.05
65
32
12.5
171
74
42.86
102
45
50
103
75
0
165
103
50
126
96
37.5
207
154
72.73
248
197
61.11
316
204
49.23
1409
969
43.27
44.12
72,82
62,42
76,19
74,40
79,44
64,56
68.77
Overall Statistical Data of Crimes Committed against Children and Youth According by Region in Slovakia, 2014
195
1.
2.
3.
4.
Describe the motives, causes, circumstances and conditions of juvenile crime.
What are the typical features of juvenile crime (violent, against morality,
property crime)?
What are the most frequent types of juvenile crime (violent, against morality,
property crime)?
What are the most frequent crimes committed against children and youth
(violent, against morality, property crime)?
196
Detection and investigation of juvenile crimes and crimes committed against children
and youth are typical for some specific difficulties which are caused by the modus operandi,
motives, causes, conditions, circumstances, personality of the victim and the perpetrator.
These processes are generally built on the same principles as were mentioned in the
previous chapters (e.g. in Subchapter 2.2), however, they contain some specific features that
need to be taken into consideration.
Firstly, the typical perpetrator or the victim is a person under the age of 18, which
means that their level of perception and understanding of a real situation may be distorted.
Sometimes they are unable to distinguish between the truth and lies, and usually they are
more concentrated on the peripheral details, but pay less attention to key aspects of the
events.
The investigation of property crime committed by children and youth is also specific.
Normally, it is possible to determine the age of the perpetrator from the objects of interest
(money, mobile phones, drugs, alcohol, fashionable items, electronics or other gadgets);
objects of the assault (drunk people, too old or much younger, or weaker people, etc.); no
preparation or short preparation; simpler instruments; a lot of evidence at the crime scene;
presence of reasonless violence, mess, damages; etc. The most typical property crimes
committed by children and youth are thefts and burglaries.
The investigation of violent crimes with child and young offenders also has special
characteristics. These types of crime are frequently committed in public places, school
facilities or around school facilities. The offenders are often under the influence of drugs or
alcohol. They mostly commit bodily harm or robbery whilst using sharp objects such as
knives, baseball bats, hard objects like rocks, etc. This information can be helpful for setting
down the operative search versions, or investigation versions.
The investigation of crimes against morality (often sexual crimes) is emotionally and
psychologically demanding, as the police officers have to deal with human sexual behaviour,
deviant sexual criminal behaviour and highly traumatized children. When discussing sex,
especially with children, the investigation requires a high level of sensitivity. It is not by
chance that the most successful techniques of interviewing young children have been
developed by therapeutic community. In order to avoid potential trauma that could be
197
caused by multiple interviews or by different interviewers it is recommended to videotape
the interview.
Apart from that, the stage of the child’s development and child language issues need
to be taken into consideration. With regard to that, it is possible to use aids such as dolls,
toys or pictures. Sometimes these can help the children to talk and discuss the difficult
events. Good police officers should keep in mind the special interrogation (interviewing)
strategy.
Because of the fact that children and adolescents are not usually able to understand
the legal terms and legal concept correctly, the questions must be précised clearly and
understandably.
Moreover, there is a lot of evidence (researches) to support “that suggestive and
leading question more often lead to inaccurate and false reports than open-ended and nonsuggestive questioning.”81
The environment of the interrogation (or the interview) has an impact on the results
and successfulness of the interrogation (interview), as well. Based on the findings from
researches and studies, “when children are interviewed by friendly, supportive interviewers
(e.g. smiled, made eye contact, sat with a relaxed posture), errors and suggestibility
decreased in comparison to intimidating, non-supportive interviewers”.82
In general, it is recommended to respect the findings: when carrying out interviews
of children or adolescents, a relevant adult remains close at hand (however it is not
necessary that the person is actually present in the same room). On the other hand, when
the same adult person is suspected of having committed the crime in question (e.g. parental
sexual abuse), this fact can lead to a “negative situation” during the interrogation or
interview (where the child lies, remains silent, feels guilty and responsible for the crime, is
frightened, ashamed, etc.). The final numbers of interviewers and people (investigator,
criminal police officer, social worker or medical personnel) who are present or involved in
the police interrogation or interview can have an impact on the development of the
interrogation (interview). Therefore it is recommended to minimize the number of persons
present.
81
REDLICH, D. A., SILVERMAN, M., STEINER, H. The police interrogation of children and adolescents. Available
at: http://www.albany.edu/scj/documents/Chapter05Lassiter.pdf, p. 115.
82
REDLICH, D. A., SILVERMAN, M., STEINER, H. The police interrogation of children and adolescents. Available
at: http://www.albany.edu/scj/documents/Chapter05Lassiter.pdf, p. 116.
198
Apart from that, the gender of the interviewer and the victim play a key role here
(best practice is respecting the rule: a male interviewer - a male victim; a female interviewer
- a female victim).
1.
2.
Describe the model of detection and investigation of juvenile crime and
crimes committed against children and youth.
What are the main operative search versions, or investigation versions used
during crime detection and investigation of these types of crimes?
199
Juvenile crime is the illegal behaviour by children and youth (individuals younger than
18). It is a serious problem although, in Slovakia, in the past 14 years an enormous decrease
in the number of crimes has been registered (by more than 50 %). Apart from that, there is a
danger that young people could continue committing crime, use more complex or serious
modus operandi (preparation, type of weapons or instruments used, criminal cooperation in
organized, criminal groups, etc.), and cause more serious effects or consequences (graver
damage, injuries or death; less traces or lesser possibilities for revealing their antisocial
activities). On the other hand, crime prevention and repression of juvenile crime is the main
responsibility of the entire society (including the police, prosecution, and trials). The
investigation requires a specific approach by police officers (techniques respecting
psychological and emotional world of children), which is very demanding.
When analysing crimes committed against children and youth, it is necessary to
mention the negative influence of crime on the emotions and psychology of the child. The
potential traumatization can continue for a long period of time, sometimes for the rest of
their life and it is connected with social and psychological problems (inability to develop a
normal partner relationship and trust people, or negative feelings like fear, anxiety,
embarrassment, lacking self-confidence, incredulity, etc.). The children and youth often
become victims of morality and violent crime, thus potential traumatization is very likely.
The problems of crime detection and further cooperation in investigation are caused by
unawareness of the fact that a crime has been committed.
200
Bibliography
AMERICAN ACADEMY OF CHILD &ADOLESCENT PSYCHIATRY. Understanding Violent
Behaviour in Children and Adolescents. [online]. [accessed November 16, 2015]. Available at:
http://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFFGuide/Understanding-Violent-Behavior-In-Children-and-Adolescents-055.aspx.
NAGLE, G., SPENCER, K. Geographical enquires: Skills and Techniques for Geography.
[online]. Nelson Thornes, 2000. [accessed December 18, 2013]. Available at:
http://books.google.sk/books?id=KXWRZogO4eQC&pg=PA104&lpg=PA104&dq=number+of+
crime+vary+geographical+factor&source=bl&ots=bktW9dNvdo&sig=RjgW_6vfKaxLpkY1CN38d5eTSU&hl=sk&sa=X&ei=F90dU6r6MOWBywOVsIDIDQ&ved=0CCo
Q6AEwAA#v=onepage&q=number%20of%20crime%20vary%20geographical%20factor&f=fal
se.
REDLICH, D. A., SILVERMAN, M., STEINER, H. The police interrogation of children and
adolescents. [online]. [accessed November 7, 2015]. Available at:
http://www.albany.edu/scj/documents/Chapter05Lassiter.pdf.
UNESCO. What do we mean by „youth“? [online]. [accessed November 5, 2015]. Available at:
http://www.unesco.org/new/en/social-and-human-sciences/themes/youth/youthdefinition/.
201
8 EXTREMISM
8 EXTREMISM
MONIKA HULLOVÁ
JAROSLAV RAPČAN
202
8 EXTREMISM
8.1 Phenomenology
The term “extremism” usually has “a pejorative meaning” and sometimes it is difficult
to characterize the phenomenon, as the lines between extremism, radicalism, and normality
are rather unclear. We must admit that the term is not firmly defined and its definition is not
utterly clear. Together with that, it needs to be differentiated between political radicalism
(radical changes in democratic society) and political extremism (substitution of democracy
for some totalitarian system). If we look up the word “extremism” in a dictionary we will find
it defined as:
 Belief in or support for ideas that are very far from what most people consider
correct or reasonable,83
 A tendency to go to extremes or an instance of going to extremes, esp. in politics,84
 The holding of extreme political or religious views, fanaticism,85
 A tendency to have beliefs or opinions that are considered to be extremely
unreasonable by most people.86
Based on the definition, extremism violates common moral (or legal) standards, and a
majority of the society sees extremism as a sum of unacceptable activities (human behaviour
and conduct) and ideology (attitudes, feelings, strategies, beliefs or feelings).
Extremism
 is a negative, socially pathological, multidimensional phenomenon which/where:
 which can threaten or harm the interests protected by the society, predominantly
human rights and freedoms, democracy and/or state territoriality and integrity,
 where ideology and activities are frequently based on intolerance, xenophobia, antiSemitism and ultra-nationalism,
 where there is an effort for defamation of certain groups of people for their gender,
nationality, race, ethnicity, colour, religion, language or social status,
 where physical violence against persons with different attitudes or opinions is usually
used
83
Merriam-Webster. Available at: http://www.merriam-webster.com/dictionary/extremism.
The free dictionary. Available at: http://www.thefreedictionary.com/extremism.
85
Oxford dictionaries. Available at: http://www.oxforddictionaries.com/definition/english/extremism.
86
Macmillan Dictionary. Available at: http://www.macmillandictionary.com/dictionary/british/extremism.
84
203
8 EXTREMISM
A new view on extremism across the world is built on understanding extremism as
“hate crime” - a type of crime that involves threats, harassment, or physical harm which is
usually motivated by prejudice against someone’s race, colour, religion, national origin,
ethnicity, sexual orientation or physical and mental disability. In these crimes it is inevitable
to prove a motive with the above mentioned features.
Today, there are many different attitudes and opinions on extremism, its typology
and categorization in relevant scientific literature. We will briefly analyse only some of the
categories by various aspects (A. type of intolerance; B. objects of attack; C. political
orientation).
A. According to the type of intolerance we can derive the following types of extremism:
 Political
extremism
fundamentalism,
(e.g.
anarchism,
anti-democratism,
anti-globalisation,
theocratism,
constitutionalism,
totalitarianism-communism,
Marxism-Leninism, National Socialism). The motive for political extremism is the
intolerance of certain groups of people in the society. According to this criterion,
political extremism can be divided into two categories: left-wing (far left) or rightwing (far right).
 Ethno-national extremism (e.g. xenophobism, fascism, neo-Nazism, anti-Semitism,
ultranationalism, etc.). Ethno-national extremism comes from racial, national or
ethnic intolerance or hatred.
 Religious extremism (e.g. Islamic - Al Qaeda, Christian - Ku Klux Klan, Judaism - Terror
against Terror, Hinduism-Jagaran Manch, Atheism). Displays of religious extremism
focus on the authority (leader) of certain religious ideologies, sects, organizations,
which promote radical knowledge or ideas.
B. According to the objects of attack we distinguish extremism:
 Against the constitution or system of government,
 Grossly violating coexistence of citizens,
 Endangering the life or health of people,
 Racially motivated.87
C. According to the political orientation we distinguish between:
 Right-wing extremism,
87
UŠIAK, J., NEČAS, P. Prejavy radikalizmu a extrémizmu v Slovenskej republike. Available at:
http://www.politickevedy.fpvmv.umb.sk/userfiles/file/3_2010/4_usiak-necas.pdf.
204
8 EXTREMISM
 Left-wing extremism.
Right-wing extremism is a summary of attitudes, organized or not organized
behaviours and actions that come from racial or ethnic social inequality, particularly insisting
on ethnic or national homogeneity. The aim of the far right extremist is to constitute a
political system that is based on fundamental inequality of people and the most typical
ideologies are Fascism, Nazism, Neo-Fascism and Neo-Nazism which promote Nationalism,
Anti-Semitism and Racism. In contrast to left-oriented anarchism, power is concentrated in
one centre - mainly in one person - a leader.88
Right-wing extremism is demonstrated in many different ways and can be
characterized by the following features:
 Spontaneous hate crime, vandalism, hooliganism (e.g. physical attacks against
visible minorities, loitering and harassment of shopkeepers and community
members, etc.),
 Street demonstrations (racist or xenophobic chanting, “peeling off” of smaller
groups or protesters determined to commit acts of violence, etc.),
 Shock tactics (quick and spontaneous mobilization of activists for protests or
demonstrations, tactics often videoed and uploaded to YouTube, etc.),
 Hate speeches and incitement (provocative blogging on popular blog sites or
forums, upload of provocative or controversial images or video that target
another religion or culture,
 Paramilitary training (structured boot camps carried out in remote location,
often wearing uniform, etc.),
 Planned hate crime and terrorism (shooting campaign against enemy targets,
etc.).89
Left-wing extremism is characterized by social and class prejudices, and favours
communism and anarchism (social equality is in the centre of their interest). In the course of
the past 20 years the most important issues of the left-wing extremists are: nature
conservation, human rights protection (particularly rights of all minorities), and human
88
Koncepcia boja proti extrémizmu na roky 2011 - 2014. (Conception of fight against extremism for years 2011
- 2014.
89
RAMALINGAM, V. Old threat, new approach: Tackling the far right across Europe. Available at:
http://www.strategicdialogue.org/ISD_New_Approach_Far_Right_Report.pdf. p. 27 - 28.
205
8 EXTREMISM
immigration. The factual consequence of these liberally-oriented ideologies was the creation
of the first political parties having environmental issues on their agenda.
Activities (formal actions, manifestations, demonstrations, marches, etc.) of left-wing
extremists are normally made known in advance in accordance with the legal obligation.
Members of the far left extremist groups are usually looking for positive, supportive
responses from general public. Sometimes public disorder happens, but it is not a rule.
Legal Regulation of Extremism in Slovakia
According to the Slovak criminal law, an extremist group shall mean an affiliation of
at least three persons with the objective of committing the offence of extremism.90 Apart
from that, in the Slovak Criminal Code the term “extremist materials” is defined. For the
purposes of the Act, extremist material shall mean a material which is manufactured,
disseminated, put into distribution, made publicly accessible, or owned, with the intention
to incite hatred, violence or unjustified different treatment against a group of persons or an
individual because of their affiliation to any race, nations, nationality, complexion, ethnic
group, family origin, or their religion. Moreover, extremist material is considered a replica or
an imitation of such material which can be mistaken with an original.
Typical extremist crimes are listed in Chart 44.
Chart 44
• § 418 Genocide
Chapter 12: Criminal
Offences against Peace,
against Humanity, Criminal
Offences of Terrorism,
Extremism and War Crimes
•§ 421, 422 Supporting and Promoting Groups Aimed at
Suppression of Fundamental Rights and Freedoms
•§ 422a Manufacturing of Extremist Materials
•§ 422b Dissemination of Extremist Materials
•§ 422c Possession of Extremist Materials
•§ 423 Defamation of Nation, Race and Belief
•§ 424 Incitement of National, Racial and Ethnic Hatred
•§ 424a Incitement, Defamation and Threatening to
Persons because of their Affiliation to Race, Nation,
Nationality, Complexion, Ethnic Group or Family Origin
Legal Framework of Extremism in Slovakia
90
Act No 300/2005 Coll. Criminal Code, Section 129.
206
8 EXTREMISM
Apart from the typical extremist crimes, criminal behaviour related to extremism or
activities of the right-wing extremist groups can be considered as other crimes having an
extremist context:
 Criminal offences that were committed out of a specific motive such as
intention to publicly incite hatred against individuals or groups because of
their affiliation to certain race, nationality, colour, ethnicity, and religion or
from national, ethnic or racial hatred, or hatred caused by the colour of
complexion, sexual orientation,91
 First degree murder (Section 144),
 Second degree murder (Section 145),
 Voluntary manslaughter (Section 147, 148),
 Bodily harm (Section 155 - 158),
 Harm done to a thing of another (Section 245 - 246),
 Violence against a group of citizens and against an individual (Section 359),
 Disorderly conduct (Section 364).
On the other hand, left-wing extremists commit crimes only seldom (it is not a typical
feature of this extremist branch). If they behave in an offensive manner, they are usually
responsible for the following crimes:
 Illicit manufacturing and possession of narcotic and psychotropic substances, poisons
or precursors and trafficking in them (Section 171-173),
 Illicit distribution of drugs (Section 174),
 Harm done to a thing of another (Section 245-246),
 Disorderly conduct (Section 364).
As mentioned before, most extremist crimes have a racial motive. Therefore, we
recognize three main forms in which a majority of racially motivated crimes are usually
committed:
1. Verbal attacks (insults or threats),
2. Physical attacks (aggression against specific groups of people),
91
Section 140d, e of the Act No 300/2005 Coll. Criminal Code.
207
8 EXTREMISM
3. Graphic attacks or attacks where media are used (e.g. print or publication of
magazines, creation of extremist symbols, putting up posters to public areas, etc.).
Apart from the mentioned crimes it is possible to punish antisocial activities related
to extremism according to another specific enactment.92 Less serious offences that violate
human rights and freedoms can be qualified as a misdemeanour of extremism. The
delinquents fulfil the elements of crime when publicly demonstrating their feelings towards
a group of persons or movements aiming at suppressing the citizens’ fundamental rights and
freedoms by using flags, badges, uniforms and slogans or publicly using extremist materials
or commit misdemeanours against property with an extremist motive (supporting and
promoting national, ethnic, religious, racist or other forms intolerance).
Brief Characteristics of the Extremist Scene in Slovakia in 2014
According to the information gathered on the issue of extremism in Slovakia, the
situation on the extremist scene has got some specific features.
The right-wing extremist scene in Slovakia is dominantly represented by the following
entities:
 Political parties:
 Ľudová strana naše Slovensko or ĽSNS (Slovak political party),
 Jobbik - Magyarországért Mozgalom or Hnutie za lepšie Maďarsko (Movement for
better Hungary), abbreviated Jobbik (Hungarian political party operating on the
territory of the Slovak Republic for new territorial administraton of Slovakia and
Hungary),
 Citizens’ association:
 Slovenská pospolitosť (Slovak national organization - ideology of „White and Christian
Slovakia“,
 Slovenské hnutie obrody (citizens’ association that promote influential people in
Slovak history),
 Nové slobodné Slovensko or NSS (ideology based on Euroscepticism and
disagreement with the membership in transnational organizations such as NATO),
92
Act No 372/1990 Coll. about misdemeanours in valid version.
208
8 EXTREMISM
 Informal associations:
 Národný odpor Slovensko (resistance movement),
 Mládežnícke zhromaždenie - Hnutie 64 (ideology based on Trianon agreement, they
also promote different territorial arrangements of Slovakia and Hungary),
 Sport and defence, or military organizations:
 Vzdor Kysuce (sport and defence, or military organizations),
 Oddiel Dobrovoľník (sport and defence, or military organizations),
 Nazi hooligans,
 Motorcycle clubs or gangs (especially the ones that have a connection to
international motorcycle gangs (Outlaw Motorcycle Gangs).
The left-wing extremist scene in Slovakia is mainly represented by these entities:
 Antifa or AFA (fighting against fascism, neo-Nazism violence, racism),
 Československá anarchistická federácia (ideology based on anti-globalism, antifascism, anti-racism and anti-neo-Nazism),
 Movements Sharp-Pinks and Punk,
 Environmental extremism (Greenpeace, Sloboda zvierat).
Subjects of Religious Extremism in Slovakia
Lately, new extremist trends have emerged in Slovakia (sociologists, criminologists,
police and other experts have analysed the situation on the Slovak extremist scene in years
2011 - 2014). The characteristics features of extremism in Slovakia were resistance
movements, anti-Roma movements, and political influences, as well as increase in Internet
use for promotion of concerts, private events or meetings, hatred and the extremist
ideology. Apart from that, extremists are inspired by foreign extremist groups and
movements.
Extremism in the Slovak Republic is strongly influenced by the extremists in the
surrounding states, especially in the Czech Republic, Poland, Germany, Hungary and Serbia.
Its accompanying phenomena are increase in serious crime, intolerance towards certain
groups of people, especially the Roma minority and foreigners with a different colour of
complexion.
209
8 EXTREMISM
In the course of the years 2006-2014, 1,228 racially motivated crimes were recorded
by the Police Force of the Slovak Republic, and 650 of them were successfully solved (the
clear up rate was 52.93% on average). The rate of recorded extremist crimes reveals a
downward trend and the rate of solved crimes follows the same trend (see Table 6 and Chart
45).
Table 6
YEAR
2006
2007
2008
2009
2010
2011
2012
2013
2014
Total number
RECORDED CRIMES
175
151
211
128
77
243
104
78
61
1228
SOLVED CRIMES
101
84
131
65
47
107
43
42
30
650
PERCENTAGE (%)
57.71
55.63
62.09
50.78
61.04
44.03
41.35
53.85
49.18
52.93
Detection and Clarification of Racially Motivated Crimes in Slovakia, 2006 - 2014
Chart 27
300
250
200
150
100
50
0
2006
2007
2008
2009
2010
Recorded Crimes
2011
2012
2013
2014
Solved Crimes
Comparison of Detection and Clarification of Racially Motivated Crimes in the Slovak Republic, 2006 - 2014
210
8 EXTREMISM
Table 7
CRIMES
RECORDED
CRIMES
SOLVED
CRIMES
PERCENTAGE
(%)
Genocide
Supporting and Promoting Groups Aimed at Suppression of
Fundamental Rights and Freedoms
Manufacturing of Extremist Materials
Dissemination of Extremist Materials
Possession of Extremist Materials
Defamation of Nation, Race and Belief
Incitement of National, Racial and Ethnic Hatred
Incitement, Defamation and Threatening to Persons
because of their Affiliation to Race, Nation, Nationality,
Complexion, Ethnic Group or Family Origin
Total
0
33
0
18
0
54.54
0
20
2
4
2
0
0
7
1
2
2
0
0
35
50
50
100
0
61
30
49
Proportion of the Main Types of Racially Motivated Crimes in the Slovak Republic, 2014
Table 7 shows that the most frequent type of extremist crime committed in 2014 was
Supporting and Promoting Groups Aimed at Suppression of Fundamental Rights and
Freedoms (33 criminal cases) followed by the Dissemination of Extremist Materials (20
criminal cases).
Table 8
CRIMES
RECORDED
CRIMES
SOLVED
CRIMES
PERCENTAGE
(%)
Bratislava
Trnava
Trenčín
Nitra
Žilina
Banská Bystrica
Prešov
Košice
13
4
11
7
7
10
4
5
4
1
9
0
3
7
4
2
30.77
25
81.81
0
42.86
70
100
40
Extremist Crimes in Slovak Regions, 2014
When observing the situation related to extremism in the Slovak regions, as Table 8
shows, a substantial number of extremist crimes were committed in the cities (towns) of
Bratislava, Trenčín and Banská Bystrica. That is caused by the geographical, social and
political factors. For example, in 2013, a right-wing extremist was elected as the regional
governor of Banská Bystrica. Apart from that, in the past two years, there has been a
significant rise in illegal migration into the European Union which is raises dissatisfaction in
the public.
In connection with operative search activity in 2014, the criminal police in Slovakia
conducted operative controls in order to acquire information on dangerous individuals, high-
211
8 EXTREMISM
risk criminal resp. extremist groups with anticipated illegal behaviour/conduct during sport,
cultural or other publicly organized events. Police specialists systematically collect
information on motorcycle gangs, spectator violence and supporters of extremism.
1.
2.
3.
Define extremism and crimes having an extremist context.
What is the difference between the left-wing and the right-wing extremism?
What are the differences among political, religious and ethnic-nationalist
forms of extremism?
212
8 EXTREMISM
The key police departments that are responsible for the detection and investigation
of extremism in Slovakia are:
 Extremist and Spectator Violence Department of the Criminal Police Bureau at the
Presidium of the Police Force (top management),
 Criminal police departments at regional police headquarters (middle management)
and criminal police departments at police districts (low management).
In case of need they cooperate with other services, units, bureaus or departments of
the Police Force of the Slovak Republic (traffic police, patrol police, border and alien police,
Bureau for Protection of Constitutional Officials and Diplomatic Missions, Forensic Science
Institute, Section of Control and Inspection Services, and regional headquarters of the
Railway Police of the Slovak Republic).
In order to detect and investigate extremism or spectator violence, police officers can
use the methods, means and forms of operative search activity. It is very important to gather
relevant information on the:
 Modus operandi,
 Persons (offenders, supporters, promoters, and cooperating persons, etc.)
 Places where crimes related to extremism are committed (e.g. marches,
demonstrations and incidents, private clubs),
 Places where these persons meet,
 Places where these persons prepare for committing crime.
Operative work, therefore, must not only be conducted in areas with historically high
level of right-wing extremist incidents, but also in areas of potential problems in the future.
Apart from that, in some cases the operatives or intelligence agencies carried out
interventions where a direct approach to individuals was assessed as an effective strategy.
After collecting the information, it is necessary to analyse and verify it in order to
prove it as true or false. The whole process of detection and investigation is based on the
same principles as were mentioned earlier (Subchapter 2.2), although there are some
specifics which require the process of detection and investigation to be slightly modified.
213
8 EXTREMISM
Figure 42
42. Tattoo on the body of a member of an extremist group which promotes Neo-Nazism
Alongside repression, police officers take active steps to prevent extremism. The
police prevention includes:
 Cooperation with the Roma community (Gipsies) and minorities (sometimes
through police specialists in national and ethnics questions),
 Providing police assistance during international events (e.g. during sporting
events or tournaments, social or public events like formal visits by foreign
heads of state to Slovakia, etc.),
 Having an effective media strategy for solving the far right incidents and events
such as demonstrations and marches (communication with protesters before
and during events, patrolling the community and actions by police officers or
mediators, identifying individuals within the group who may be key to
preventing other individuals from using violence at events, etc.),93
 Using social media in monitoring and countering extremism (internet search
focused on activities of extremist groups, tracking the content on Facebook or
Twitter through social media analyses or using social media platforms),
 Collecting
information
on
extremism
(features,
modus
operandi,
consequences, displays, extremist groups, etc.) in police databases, records and
so on,
 Changing attitudes which is achieved through contact, education and raising
public awareness,
93
RAMALINGAM, V. Old threat, new approach: Tackling the far right across Europe. Available at:
http://www.strategicdialogue.org/ISD_New_Approach_Far_Right_Report.pdf. p. 27-28.
214
8 EXTREMISM
 Giving lectures, trainings, organizing seminars at schools, police departments,
etc.
Well prepared police officer should be good at identifying acts of extremism,
extremist groups, their symbols, images and signs of radicalism. Apart from that they should
understand the law and how it can and should be applied in their work.
1. Describe the model of detection and investigation of extremist
crimes.
2. What is the most important category of information during
detection and investigation of extremist crimes?
3. What are the main principles (system of activities) of crime
prevention in this area?
215
8 EXTREMISM
Extremism is a very dangerous phenomenon that seriously damages or threatens
human rights and freedoms, state sovereignty, and territorial principles. The most dangerous
aspect of extremism is the negation of democracy and the denial of the right to decide about
one’s own destiny, to make one’s own choices, to present personal attitudes, opinions or
affiliations (e.g. affiliation with a nation, ethnic or religious group, language, political ideas,
social status, sexual orientation, colour of complexion, abilities or disabilities, etc.). Nobody
has the right to determine what is better, more proper, or correct, while exercising an
inexcusable dominancy only for belonging to a certain social majority, regardless of the type
of majority.
The primary role of each society is to prevent extremism and social hatred where the
police as “state authority or organization” play a key role through crime detection and
investigation. The most important thing is to work with adequate information on the
extremist scene (its structure - extremist groups, perceptible and latent extremists and
extremist supporters, their ideologies, activities, symbols, forms and content of their
communication, etc.). As a result of the given facts, crime detection and investigation
requires well trained police officers, good techniques, strategy and tactics.
216
8 EXTREMISM
Bibliography
Act No 372/1990 on misdemeanours in valid version.
Act No 300/2005 Criminal Code.
Act No 301/2005 Code of Criminal Procedure.
Koncepcia boja proti extrémizmu na roky 2011 - 2014. (Conception of fight against
extremism for the years 2011 - 2014.
Macmillan Dictionary. [online]. [accessed December 18, 2013]. Available at:
http://www.macmillandictionary.com/dictionary/british/extremism.
Merriam-Webster. [online]. [accessed December 18, 2013]. Available at:
http://www.merriam-webster.com/dictionary/extremism.
Oxford dictionaries. [online]. [accessed December 18, 2013]. Available at:
http://www.oxforddictionaries.com/definition/english/extremism.
RAMALINGAM, V. Old threat, new approach: Tackling the far right across Europe. [online].
Institute for Strategic Dialogue, 2014. [ accessed December 18, 2013]. Available at:
http://www.strategicdialogue.org/ISD_New_Approach_Far_Right_Report.pdf.
The free dictionary. [online]. [accessed December 18, 2013]. Available at:
http://www.thefreedictionary.com/extremism.
UŠIAK, J., NEČAS, P. Prejavy radikalizmu a extrémizmu v Slovenskej republike. [online].
[accessed December 18, 2013]. Available at:
http://www.politickevedy.fpvmv.umb.sk/userfiles/file/3_2010/4_usiak-necas.pdf.
217
Final Conclusion
Final Conclusion
In our monograph we have attempted to analyse all of the important features of
general crime. In the first chapter we focused on the overall background of the issue, which is
the operative search activity as an activity related to crime detection and investigation. We
are convinced that a correct understanding of the fundamentals of the main aspects of
criminal police activity opens the doors to an overall understanding of the fight against
crime.
The central part of this book is Chapter 2 where the authors introduced various
definitions of general crime itself and the methodology of detection and investigation of the
cases of general crime (their structure, main phases, characteristics, etc.).
The most relevant ideas referring to the issue of general crime that we have tried to
emphasize are:
 General crime is a system that includes various types of crimes with different
interests protected by the law (e.g. health, life, property, personal freedom, etc.).
 Each case of general crime has specific characteristics (a specific perpetrator, victim,
modus operandi, motive, place and time of the commission of the crime, etc.). On the
other hand, there are also general dimensions of the crimes (which may be seen in
the elements of crime, i.e. the subject, “mens rea”, the object and “actus reus”).
 General crime includes the types of crimes where the criminal offender has general
(universal) characteristics (is a general subject, i.e. the offender can be anyone; in
cases of a specific subject, the specific position of the subject must be explicitly stated
by the law - for instance - a public official or a foreign public official is a specific
subject, thus the abuse of authority is not a general crime).
 Analogically, it implies that other obligatory and optional features, with regard to
the elements of crime (place, time, victim, etc.), have general characteristics, too.
In the subchapters we went into more details to familiarise the readers with all the
important aspects of crime detection and investigation. Apart from that we created an
unofficial platform for the subsequent chapters. Although general crime is a relatively
consistent phenomenon, the particular categories of general crime contain specific features
218
Final Conclusion
which require an individual approach by the police officers during their detection and
investigation of the criminal cases.
The chapters of the monograph have got a unified structure - 1st part “Phenomenology”, 2nd part - “Methodology of crime detection and investigation”, 3rd part “Conclusion and final remarks”, and finally “Bibliography”. That model has not been chosen
accidentally; we believe that it helps the readers to get good information, and, moreover, we
have wanted to avoid repeating the same information in each and every chapter, as the
detection and investigation of all general crimes is very similar. Therefore, each subsequent
chapter only informs on the specifics that we consider useful to emphasize.
Although we are aware of the fact that not all aspects of the phenomenon of general
crime have been covered (having only focused on crimes against morality, property crimes,
violent crimes, drug-related crimes, youth-related crimes, and extremism), we sincerely hope
that this monograph will be:
 Useful for our readers (students) and provide accurate information on the
phenomenon of general crime,
 An inspiration, or stimulus for further discussion and exchange of information in
this field (we are grateful in advance).
219
Final Conclusion
Názov: General crime
Recenzenti: doc. PhDr.Marian Brzybohatý, PhD., JUDr. Veronika Vojčíková, PhD., JUDr. Mgr. Tomáš
Jakabovič
Autori: JUDr. Monika Hullová, PhD., Mgr. Mária Ferenčíková, JUDr. Michal Marko, PhD., JUDr.
Jaroslav Rapčan, PhD.
Vydala: Akadémia Policajného zboru v Bratislave
Tlač: Centrum polygrafických služieb
Účel: odborná monografia
Rozsah: 220 strán
Formát: B 5
Náklad: 60 výtlačkov
Rok a poradie vydania: 2015, I.
Jazyková úprava: Mgr. Mária Ferenčíková
Grafická úprava: Šimon Hulla
ISBN 978 - 80 - 8054 - 654 - 0
EAN 9788080546540
220

general crime - Akadémia Policajného zboru v Bratislave

Transcription

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