False identity documents forensic profiling: study of known-sources and cross-border seizures

A forensic intelligence process was conducted over cross-border seizures of false identity documents whose sources were partly known to be the same. Visual features of 300 counterfeit Portuguese and French identity cards seized in France and Switzerland were observed and integrated in a structured database developed to detect and analyze forensic links. Based on a few batches of documents known to come from common sources, the forensic profiling method could be validated and its performance evaluated. The method also proved efficient and complementary to conventional means of detecting connections between cases. Cross-border links were detected, highlighting the need for more collaboration. Forensic intelligence could be produced, uncovering the structure of counterfeits' illegal trade, the concentration of their sources and the evolution of their quality over time. In addition, two case examples illustrated how forensic profiling may support specific investigations. The forensic intelligence process and its results will underline the need to develop such approaches to support the fight against fraudulent documents and organized crime.

Profiling of counterfeit medicines by vibrational spectroscopy

Counterfeit pharmaceutical products have become a widespread problem in the last decade. Various analytical techniques have been applied to discriminate between genuine and counterfeit products. Among these, Near-infrared (NIR) and Raman spectroscopy provided promising results.The present study offers a methodology allowing to provide more valuable information fororganisations engaged in the fight against counterfeiting of medicines.A database was established by analyzing counterfeits of a particular pharmaceutical product using Near-infrared (NIR) and Raman spectroscopy. Unsupervised chemometric techniques (i.e. principal component analysis - PCA and hierarchical cluster analysis - HCA) were implemented to identify the classes within the datasets. Gas Chromatography coupled to Mass Spectrometry (GC-MS) and Fourier Transform Infrared Spectroscopy (FT-IR) were used to determine the number of different chemical profiles within the counterfeits. A comparison with the classes established by NIR and Raman spectroscopy allowed to evaluate the discriminating power provided by these techniques. Supervised classifiers (i.e. k-Nearest Neighbors, Partial Least Squares Discriminant Analysis, Probabilistic Neural Networks and Counterpropagation Artificial Neural Networks) were applied on the acquired NIR and Raman spectra and the results were compared to the ones provided by the unsupervised classifiers.The retained strategy for routine applications, founded on the classes identified by NIR and Raman spectroscopy, uses a classification algorithm based on distance measures and Receiver Operating Characteristics (ROC) curves. The model is able to compare the spectrum of a new counterfeit with that of previously analyzed products and to determine if a new specimen belongs to one of the existing classes, consequently allowing to establish a link with other counterfeits of the database.

Forensic science and the paradigm of quality

Due to various contexts and processes, forensic science communities may have different approaches, largely influenced by their criminal justice systems. However, forensic science practices share some common characteristics. One is the assurance of a high (scientific) quality within processes and practices. For most crime laboratory directors and forensic science associations, this issue is conditioned by the triangle of quality, which represents the current paradigm of quality assurance in the field. It consists of the implementation of standardization, certification, accreditation, and an evaluation process. It constitutes a clear and sound way to exchange data between laboratories and enables databasing due to standardized methods ensuring reliable and valid results; but it is also a means of defining minimum requirements for practitioners' skills for specific forensic science activities. The control of each of these aspects offers non-forensic science partners the assurance that the entire process has been mastered and is trustworthy. Most of the standards focus on the analysis stage and do not consider pre- and post-laboratory stages, namely, the work achieved at the investigation scene and the evaluation and interpretation of the results, intended for intelligence beneficiaries or for court. Such localized consideration prevents forensic practitioners from identifying where the problems really lie with regard to criminal justice systems. According to a performance-management approach, scientific quality should not be restricted to standardized procedures and controls in forensic science practice. Ensuring high quality also strongly depends on the way a forensic science culture is assimilated (into specific education training and workplaces) and in the way practitioners understand forensic science as a whole.

Repetitive Deliberate Fires: Critical Review of the Situation and Proposal of a Follow-Up Process and Systematic Analysis

Deliberate fires appear to be borderless and timeless events creating a serious security problem. There have been many attempts to develop approaches to tackle this problem, but unfortunately acting effectively against deliberate fires has proven a complex challenge. This article reviews the current situation relating to deliberate fires: what do we know, how serious is the situation, how is it being dealt with, and what challenges are faced when developing a systematic and global methodology to tackle the issues? The repetitive nature of some types of deliberate fires will also be discussed. Finally, drawing on the reality of repetition within deliberate fires and encouraged by successes obtained in previous repetitive crimes (such as property crimes or drug trafficking), we will argue that the use of the intelligence process cycle as a framework to allow a follow-up and systematic analysis of fire events is a relevant approach. This is the first article of a series of three articles. This first part is introducing the context and discussing the background issues in order to provide a better underpinning knowledge to managers and policy makers planning on tackling this issue. The second part will present a methodology developed to detect and identify repetitive fire events from a set of data, and the third part will discuss the analyses of these data to produce intelligence.

Crime organisé et construction : un duo indissociable?

La collusion est une pratique anticoncurrentielle qui a pour but la coopération de personnes morales afin d’atteindre un but commun tel que le profit. Cette méthode se retrouve dans le milieu de la construction notamment par la rotation de contrat, par la fixation de prix ou le débalancement de bordereaux. Bien que la collusion dans la construction soit souvent associée au crime organisé, cette étude propose l’hypothèse d’un contrôle du marché par le crime organisant et non le crime organisé. Ainsi, l’industrie de la construction serait influencée par une organisation en mouvance et en développement constant pouvant s’organiser tout en organisant d’autres noyaux. En analysant le marché de l’industrie de la construction, cette étude a pu relever qu’il était possible à l’aide d’outils quantitatifs tels que l’analyse de classification d’identifier des irrégularités au sein du marché, au fil des années. Des entrevues passées auprès d’acteurs du domaine de la construction sont venues confirmer l’hypothèse d’un contrôle du marché par le crime organisant et non le crime organisé. L’analyse qualitative se penchait ainsi sur les motivations des acteurs à entreprendre des pratiques anticoncurrentielles et sur la compréhension de l’émergence de la collusion dans la construction. La discussion identifie les opportunités criminelles, de même que les problématiques survenant dans le milieu de la construction et pouvant influencer l’émergence de la collusion. Ces problématiques concernent les contributions aux partis politiques, le truquage des devis et bordereaux par les firmes de consultants, l’impunité des autorités, l’historicité des entrepreneurs, l’idéologie de marché et les problématiques liées au cautionnement. Enfin, des solutions adaptées à la réalité de l’industrie de la construction en tenant compte des facteurs de risque ont été identifiées.

Papel de la Organización de Naciones Unidas ONU (MINUGUA) en el proceso de reconstrucción posconflicto guatemalteco en materia de justicia transicional (1994-2004). Un estado del arte

Estado del arte que recopila pronunciamientos de diversos autores sobre el papel de la Organización de Naciones Unidas, específicamente la Misión MINUGUA, en el proceso de reconstrucción posconflicto en Guatemala comprendido entre el año 1994 y 2004. Se basa en algunas dimensiones de la democratización como son el Estado de Derecho, la democracia representativa, la preeminencia del poder civil, y el fortalecimiento de la cultura democrática. Así mismo, tiene en cuenta los elementos de la justicia transicional, a saber: verdad, justicia y reparación.

La protection des données à caractère personnel dans le cadre des activités d’une mission civile de gestion de crise ou la recherche de « l’inaccessible étoile » ? Data Protection within the context of one ESDP Mission - The search for the unreachable star

La question de la protection des données à caractère personnel posée dans le cadre des activités d’assistance et de soutien des missions civiles de gestion de crise ne semble guère avoir suscité l’intérêt des instances en charge de leur gestion et ce en dépit de son importance majeure au regard des tâches exécutées quotidiennement par les agents de ces missions dans le domaine de la coopération policière et judiciaire en matière pénale. S’appuyant sur une expérience de terrain, l’auteur s’efforcera, dans ces lignes, de démontrer la nécessité d’entamer une réflexion de fond sur ce sujet afin, le cas échéant, de prendre les initiatives utiles destinées à porter remède aux difficultés qui, en ce domaine, pourraient apparaître.

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Lotta alla criminalita' e salvaguardia dei diritti e delle liberta' fondamentali nell'U.E.

La ricerca è dedicata a verificare se e come, a livello dell’Unione europea, la lotta alla criminalità (ed in particolare quella organizzata) venga condotta nel rispetto di diritti e libertà fondamentali, e se la cooperazione tra Stati membri su questo fronte possa giungere a promuovere standard omogenei ed elevati di tutela degli stessi. Gli ambiti di cooperazione interessati sono principalmente quello giudiziario in materia penale e quello di polizia, e la ritrosia degli Stati a cedere all’Unione competenze in materia si è accompagnata ad un ritardo ancora maggiore dell’emersione, nell’ambito degli stessi, della dimensione dei diritti. Ciò ha reso molto difficile lo sviluppo completo ed equilibrato di uno “spazio di libertà, sicurezza e giustizia” (art. 67 TFUE). L’assetto istituzionale introdotto dal Trattato di Lisbona e l’attribuzione di valore giuridico vincolante alla Carta hanno però posto le basi per il superamento della condizione precedente, anche grazie al fatto che, negli ambiti richiamati, la salvaguardia dei diritti è divenuta competenza ed obiettivo esplicito dell’Unione. Centrale è per la ricerca la cooperazione giudiziaria in materia penale, che ha visto la ricca produzione normativa di stampo repressivo recentemente bilanciata da interventi del legislatore europeo a finalità garantista e promozionale. L’analisi degli strumenti nella prospettiva indicata all’inizio dell’esposizione è quindi oggetto della prima parte dell’elaborato. La seconda parte affronta invece la cooperazione di polizia e quello degli interventi volti alla confisca dei beni e ad impedire il riciclaggio, misure – queste ultime - di particolare rilievo soprattutto per il contrasto al crimine organizzato. Sottesi all’azione dell’Unione in queste materie sono, in modo preponderante, due diritti: quello alla salvaguardia dei dati personali e quello al rispetto della proprietà privata. Questi, anche in ragione delle peculiarità che li caratterizzano e della loro natura di diritti non assoluti, sono analizzati con particolare attenzione.

Application of 3D documentation and geometric reconstruction methods in traffic accident analysis: with high resolution surface scanning, radiological MSCT/MRI scanning and real data based animation

The examination of traffic accidents is daily routine in forensic medicine. An important question in the analysis of the victims of traffic accidents, for example in collisions between motor vehicles and pedestrians or cyclists, is the situation of the impact. Apart from forensic medical examinations (external examination and autopsy), three-dimensional technologies and methods are gaining importance in forensic investigations. Besides the post-mortem multi-slice computed tomography (MSCT) and magnetic resonance imaging (MRI) for the documentation and analysis of internal findings, highly precise 3D surface scanning is employed for the documentation of the external body findings and of injury-inflicting instruments. The correlation of injuries of the body to the injury-inflicting object and the accident mechanism are of great importance. The applied methods include documentation of the external and internal body and the involved vehicles and inflicting tools as well as the analysis of the acquired data. The body surface and the accident vehicles with their damages were digitized by 3D surface scanning. For the internal findings of the body, post-mortem MSCT and MRI were used. The analysis included the processing of the obtained data to 3D models, determination of the driving direction of the vehicle, correlation of injuries to the vehicle damages, geometric determination of the impact situation and evaluation of further findings of the accident. In the following article, the benefits of the 3D documentation and computer-assisted, drawn-to-scale 3D comparisons of the relevant injuries with the damages to the vehicle in the analysis of the course of accidents, especially with regard to the impact situation, are shown on two examined cases.

Homicide-suicides compared to homicides and suicides: systematic review and meta-analysis.

Homicide-suicides, the murder of one or several individuals followed by the suicide of the perpetrator, are rare but have devastating effects on families and communities. We did a systematic review and meta-analysis of studies comparing perpetrators of homicide-suicides with perpetrators of simple homicides and suicides and examined the proportion of firearm use and its correlation with firearm availability. We searched Medline and Embase from inception to July 2012 and identified 27 eligible studies. Perpetrators of homicide-suicides were older and more likely to be male and married to or separated from their victims than perpetrator of simple homicides or suicides. Influence of alcohol and a history of domestic violence or unemployment were less prevalent in homicide-suicides than in homicides. The proportion of firearm use in homicide-suicides varied across countries and was highest in the USA, Switzerland and South Africa, followed by Australia, Canada, The Netherlands and England and Wales, with a strong correlation between the use of firearms and the level of civilian gun ownership in the country. Our results indicate that homicide-suicides represent a distinct entity, with characteristics distinguishing them both from homicides and suicides.

An ethnopharmacological and historical analysis of “Dictamnus”, a European traditional herbal medicine

Ethnopharmacological relevance and background: “Dictamnus” was a popular name for a group of medicinal herbaceous plant species of the Rutaceae and Lamiaceae, which since the 4th century have been used for gynaecological problems and other illnesses BCE and still appear in numerous ethnobotanical records. Aims: This research has as four overarching aims: Determining the historical evolution of medical preparations labelled “Dictamnus” and the different factors affecting this long-standing herbal tradition. Deciphering and differentiating those medicinal uses of “Dictamnus” which strictly correspond to Dictamnus (Rutaceae), from those of Origanum dictamnus and other Lamiaceae species. Quantitatively assessing the dependence from herbal books, and pharmaceutical tradition, of modern Dictamnus ethnobotanical records. Determining whether differences between Western and Eastern Europe exist with regards to the Dictamnus albus uses in ethnopharmacology and ethnomedicine. Methods: An exhaustive review of herbals, classical pharmacopoeias, ethnobotanical and ethnopharmacological literature was conducted. Systematic analysis of uses reported which were standardized according to International Classification of Diseases – 10 and multivariate analysis using factorial, hierarchical and neighbour joining methods was undertaken. Results and discussion: The popular concept “Dictamnus” includes Origanum dictamnus L., Ballota pseudodictamnus (L.) Benth. and B. acetabulosa (L.) Benth. (Lamiaceae), as well as Dictamnus albus L. and D. hispanicus Webb ex Willk. (Rutaceae), with 86 different types of uses. Between 1000 and 1700 CE numerous complex preparations with “Dictamnus” were used in the treatment of 35 different pathologies. On biogeographical grounds the widespread D. albus is a far more likely prototypical “Dictamnus” than the Cretan endemic Origanum dictamnus. However both form integral parts of the “Dictamnus” complex. Evidence exists for a sufficiently long and coherent tradition for D. albus and D. hispanicus, use to treat 47 different categories of diseases. Conclusions: This approach is a model for understanding the cultural history of plants and their role as resources for health care. “Dictamnus” shows how transmission of traditional knowledge about materia medica, over 26 centuries, represents remarkable levels of development and innovation. All this lead us to call attention to D. albus and D. hispanicus which are highly promising as potential herbal drug leads. The next steps of research should be to systematically analyse phytochemical, pharmacological and clinical evidence and to develop safety, pharmacology and toxicology profiles of the traditional preparations.

Le cadre européen de protection des données personnelles en matière pénale. Dimensions interne et externe = The European framework for the protection of personal data in criminal matters. Internal and external dimensions. Bruges Political Research Paper No. 29, May 2013

No abstract.

Capabilities of Police and Military Forces in Central America -- A Comparative Analysis of Guatemala, El Salvador, Honduras an d Nicaragua

A difficult transition to a new paradigm of Democratic Security and the subsequent process of military restructuring during the nineties led El Salvador, Honduras, Guatemala and Nicaragua to re-consider their old structures and functions of their armed forces and police agencies. This study compares the institutions in the four countries mentioned above to assess their current condition and response capacity in view of the contemporary security challenges in Central America. This report reveals that the original intention of limiting armies to defend and protect borders has been threatened by the increasing participation of armies in public security. While the strength of armies has been consolidated in terms of numbers, air and naval forces have failed to become strengthened or sufficiently developed to effectively combat organized crime and drug trafficking and are barely able to conduct air and sea operations. Honduras has been the only country that has maintained a proportional distribution of its armed forces. However, security has been in the hands of a Judicial Police, supervised by the Public Ministry. The Honduran Judicial Police has been limited to exercising preventive police duties, prohibited from carrying out criminal investigations. Nicaragua, meanwhile, possesses a successful police force, socially recognized for maintaining satisfactory levels of security surpassing the Guatemalan and El Salvadoran police, which have not achieved similar results despite of having set up a civilian police force separate from the military. El Salvador meanwhile, has excelled in promoting a Police Academy and career professional education, even while not having military attachés in other countries. Regarding budgetary issues, the four countries allocate almost twice the amount of funding on their security budgets in comparison to what is allocated to their defense budgets. However, spending in both areas is low when taking into account each country's GDP as well as their high crime rates. Regional security challenges must be accompanied by a professionalization of the regional armies focused on protecting and defending borders. Therefore, strong institutional frameworks to support the fight against crime and drug trafficking are required. It will require the strengthening of customs, greater control of illicit arms trafficking, investment in education initiatives, creating employment opportunities and facilitating significant improvements in the judicial system, as well as its accessibility to the average citizen.

Human Security and Crime in Latin America: The political Capital and Political Impact of Criminal Groups and Belligerents Involved in Illicit Economies

Organized crime and illegal economies generate multiple threats to states and societies. But although the negative effects of high levels of pervasive street and organized crime on human security are clear, the relationships between human security, crime, illicit economies, and law enforcement are highly complex. By sponsoring illicit economies in areas of state weakness where legal economic opportunities and public goods are seriously lacking, both belligerent and criminal groups frequently enhance some elements of human security of the marginalized populations who depend on illicit economies for basic livelihoods. Even criminal groups without a political ideology often have an important political impact on the lives of communities and on their allegiance to the State. Criminal groups also have political agendas. Both belligerent and criminal groups can develop political capital through their sponsorship of illicit economies. The extent of their political capital is dependent on several factors. Efforts to defeat belligerent groups by decreasing their financial flows through suppression of an illicit economy are rarely effective. Such measures, in turn, increase the political capital of anti-State groups. The effectiveness of anti-money laundering measures (AML) also remains low and is often highly contingent on specific vulnerabilities of the target. The design of AML measures has other effects, such as on the size of a country’s informal economy. Multifaceted anti-crime strategies that combine law enforcement approaches with targeted socio-economic policies and efforts to improve public goods provision, including access to justice, are likely to be more effective in suppressing crime than tough nailed-fist approaches. For anti-crime policies to be effective, they often require a substantial, but politically-difficult concentration of resources in target areas. In the absence of effective law enforcement capacity, legalization and decriminalization policies of illicit economies are unlikely on their own to substantially reduce levels of criminality or to eliminate organized crime. Effective police reform, for several decades largely elusive in Latin America, is one of the most urgently needed policy reforms in the region. Such efforts need to be coupled with fundamental judicial and correctional systems reforms. Yet, regional approaches cannot obliterate the so-called balloon effect. If demand persists, even under intense law enforcement pressures, illicit economies will relocate to areas of weakest law enforcement, but they will not be eliminated.