法学电子教案合集（参考资料）_世界范围内的犯罪以及刑事审判的现状.pdf

A/CONF.187/5 I. Introduction: new challenges and helped to foster an environment in which criminality is not concerns confined to national borders. It is operating increasingly across borders and, in many cases, is global in nature 1. Perhaps no term has dominated recent international Criminal organizations have adapted corporate-like discourse as"globalization"has. Globalization has a structures to criminal activities, employing highly skilled tendency to be both praised for all social, economic and persons and mechanisms to assist in generating and pollical umph and blamed for all negative effects concealing profits. In addition, much like organizations in he legitimate economy, criminal organizations are able to Significant research has been conducted on the issue, and adapt themselves to changes in the market by responding definitions of globalization vary. The Human Development to public demand for goods and services Report 1999, while not offering a definition per se, presents a concise description in saying that the free flow 5. Few governmental policy makers, criminal justice of money and trade is matched by the liberating power of officials, economic development experts or scholars would the flow of ideas and information driven by new dispute that the scope of crime is expanding and it is technologies ' Regardless of the definition used. the world becoming more complex. The destabilizing effects of war, economy has entered a new phase of development that has terrorism and the collapse of the old world order have the potential to benefit millions of people combined with the vulnerabilities of failing or newly emerging economies to create fertile ground for illegal 2. International trade is bringing fresh investment to activities. Even booming economies are seeing increases in those moving away from state planning. According to the certain types of crime, particularly those involving high technology. The challenge is to understand both the extent World Trade Organization, exports of merchandise jumped of criminal expansion and to develop mechanisms by 36 per cent between 1993 and 1996. The total amount of private capital leaving the European Union, Japan and reduce and prevent it the United States of America is five times greater than it was less than a decade ago. There is also a significant Il. Recent findings Globalization is pointed to as the cause of increased disparity between wealthy and poor countries. According 6. Since 1977, the Centre for International to the Human Development Report 1999, the past decade Prevention of the Office for Drug Control and has shown increasing concentration of income. resources Prevention of the Secretariat has periodically conducted the United Nations surveys of crime trends and operation and wealth among people, corporations and countries. For of criminal justice systems. The United Nati example, member States of the Organisation for Economic Ions surveys, Cooperation and Development account for 19 per cent of comprised of officially recorded data on police the world's population and 7 1 per cent of global trade in prosecution, courts and prisons from 1970 to 1997, help t trends. Ove the income gap between the wealthiest 20 per cent of the Sixth United Nations Survey of C esponses tothe goods and services. Moreover, over the past three decades provide a picture of the changing 40 Governments have submitted worlds population and the poorest 20 per cent has more than doubled. Similarly, globalization has had an impact or pacton Operations of Criminal Justice Systems, covering the criminality at the national and international levels period 1995-1997. Over 100 Governments are expected submit their responses by the time the Sixth Survey is 3. While there is significant debate over the meaning of completed in mid-2000 globalization(some academic journals, such as Global Governance, are devoted largely to its discussion), for the 7. The United Nations Interregional Crime and Justice purposes of the present report, the term refers to the Research Institute(UNICRI) has periodically conducted, erosion of political borders and the opening up of with assistance from the Governments of the Netherlands economic markets previously closed or highly regulated by and the United Kingdom of Great Britain and Northern state intervention reland, the International Crime Victim Survey, which provides additional information on crime worldwide 4. Globalization has led to an environment ripe for new Individuals are interviewed about several main forms of and expanded forms ofcriminality The changing structure victimization, including household property crime, of trade, finance, communications and information has personal crime, corruption and consumer fraud

A/CONF.187/5 3 I. Introduction: new challenges and concerns 1. Perhaps no term has dominated recent international discourse as “globalization” has. Globalization has a tendency to be both praised for all social, economic and political triumphs and blamed for all negative effects. Significant research has been conducted on the issue, and definitions of globalization vary. The Human Development Report 1999, while not offering a definition per se, presents a concise description in saying that the free flow of money and trade is matched by the liberating power of the flow of ideas and information driven by new technologies.1 Regardless of the definition used, the world economy has entered a new phase of development that has the potential to benefit millions of people. 2. International trade is bringing fresh investment to nations emerging from agriculture-based economies or those moving away from state planning. According to the World Trade Organization, exports of merchandise jumped by 36 per cent between 1993 and 1996. The total amount of private capital leaving the European Union, Japan and the United States of America is five times greater than it was less than a decade ago. There is also a significant amount of capital leaving developing countries. Globalization is pointed to as the cause of increased disparity between wealthy and poor countries. According to the Human Development Report 1999, the past decade has shown increasing concentration of income, resources and wealth among people, corporations and countries. For example, member States of the Organisation for Economic Cooperation and Development account for 19 per cent of the world’s population and 71 per cent of global trade in goods and services. Moreover, over the past three decades, the income gap between the wealthiest 20 per cent of the world’s population and the poorest 20 per cent has more than doubled. Similarly, globalization has had an impact on criminality at the national and international levels. 3. While there is significant debate over the meaning of globalization (some academic journals, such as Global Governance, are devoted largely to its discussion), for the purposes of the present report, the term refers to the erosion of political borders and the opening up of economic markets previously closed or highly regulated by state intervention. 4. Globalization has led to an environment ripe for new and expanded forms of criminality. The changing structure of trade, finance, communications and information has helped to foster an environment in which criminality is not confined to national borders. It is operating increasingly across borders and, in many cases, is global in nature. Criminal organizations have adapted corporate-like structures to criminal activities, employing highly skilled persons and mechanisms to assist in generating and concealing profits. In addition, much like organizations in the legitimate economy, criminal organizations are able to adapt themselves to changes in the market by responding to public demand for goods and services. 5. Few governmental policy makers, criminal justice officials, economic development experts or scholars would dispute that the scope of crime is expanding and it is becoming more complex. The destabilizing effects of war, terrorism and the collapse of the old world order have combined with the vulnerabilities of failing or newly emerging economies to create fertile ground for illegal activities. Even booming economies are seeing increases in certain types of crime, particularly those involving high technology. The challenge is to understand both the extent of criminal expansion and to develop mechanisms to reduce and prevent it. II. Recent findings 6. Since 1977, the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention of the Secretariat has periodically conducted the United Nations surveys of crime trends and operations of criminal justice systems. The United Nations surveys, comprised of officially recorded data on police, prosecution, courts and prisons from 1970 to 1997, help to provide a picture of the changing trends. Over 40 Governments have submitted responses to the Sixth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, covering the period 1995-1997. Over 100 Governments are expected to submit their responses by the time the Sixth Survey is completed in mid-2000.2 7. The United Nations Interregional Crime and Justice Research Institute (UNICRI) has periodically conducted, with assistance from the Governments of the Netherlands and the United Kingdom of Great Britain and Northern Ireland, the International Crime Victim Survey, which provides additional information on crime worldwide. Individuals are interviewed about several main forms of victimization, including household property crime, personal crime, corruption and consumer fraud

A/CONF. 187/5 8. In addition to the efforts cited above, the Centre for affiliated with the United Nations, recently published a International Crime Prevention and UNICRI have joined report containing profiles of countries in Europe and North forces to conduct the Global Studies on Transnational America. The report combines police figures with victim Organized Crime which involves the project"Assessing survey results, as well as other data sources such as those transnational organized crime groups: dangerousness and of the World Health Organization. What has become clear trends", and the project"World Organized Crime Report". is that police statistics often reflect trends apparent in the The Centre for International Crime Prevention is taking the victim survey results, such as increases and decreases in lead on the first project, aimed at developing a mechanism criminal activity to determine the social and economic harm generated by 11. To persons who make decisions on criminal justice organized criminal groups. The second project, conducted policy, there is a wealth of data and other information of illicit markets and the economic, social and political in criminality. Some of the major developments are factors behind them. In march 1999. the Centre fo highlighted below International Crime Prevention launched two other global initiatives, the Global Programme against Corruption and the Global Programme against Trafficking in Human A. Overall crime rates Beings. Each initiative has as its core component the collection and analysis of data and other information 12. Preliminary data from the Sixth Survey, coupled with 9. Most Governments maintain a mechanism to record data from the Fifth United Nations Survey of Crime Trends developments in criminal activity. However, as noted in and Criminal Justice Operations, covering the period 1990- the Global Report on Crime and Justice, "a countrys open 1994, reveal patterns in overall crime rates that are announcement in the international arena of the extent of its consistent with those reported in recent media coverage crime problem and its processing of offenders through the For example, the total number of crimes reported to the justice system is a major political event".The validity of police in the period 1990-1997 dropped or stayed data and the impression that it makes are often of great approximately the same in member States of the European mportance to Governments at the national and Union that submitted responses for both surveys(Denmark, international levels. National statistics on crime are, Finland, Ireland, Spain and Sweden(see table 1)). The therefore, often criticized for reflecting not trends in crime same was true for total recorded cases of a diverse group per se, but the activities of the agencies that record of crime types that included fraud, embezzlement statistics on crime. As a result, official statistics on crime burglary, automobile theft, assault, intentional homicide, tend to under-report true crime figures, leaving gaps, theft, robbery and rape. particularly with regard to types of crime that are not 13. In contrast. total recorded drug-related offences conventional. In response to these concerns, many criminologists and government agencies have conducted appear to have increased in the European Union. In countries in eastern Europe and member States of the self-report surveys and victimization surveys, claimingthat Commonwealth of Independent States(CIS)(Armenia these methods give a more accurate picture of criminal Azerbaijan, Belarus, Bulgaria, Croatia, Estonia, Hungary, activity. Such methods, however, can be reductive. Latvia, Lithuania, Poland, Republic of Moldova, Romania Household victimization surveys, for example, exclude Russian Federation, Slovakia, Slovenia and Ukraine), total information on corporate, white-collar, administrative and recorded crime appears to have increased during the 1990 political crime That is consistent with many media reports on the subject 10. While the debate continues as to the merits of the (see table 2). In Asia and the Pacific(Fiji, Hong Kong, various methods, a consensus has emerged that conclusions India, Israel, Malaysia and Republic of Korea) there was on the state of crime should be based on a set of indicators an increase in total crimes recorded during the period that can supplement each other. For example, the European 1990-1997(see table 3). In all countries throughout the Institute for Crime Prevention and Control world, there appears to be an increase in total recorded time(see table 4)

A/CONF.187/5 4 8. In addition to the efforts cited above, the Centre for International Crime Prevention and UNICRI have joined forces to conduct the Global Studies on Transnational Organized Crime which involves the project “Assessing transnational organized crime groups: dangerousness and trends”, and the project “World Organized Crime Report”. The Centre for International Crime Prevention is taking the lead on the first project, aimed at developing a mechanism to determine the social and economic harm generated by organized criminal groups. The second project, conducted by UNICRI, is aimed at providing a better understanding of illicit markets and the economic, social and political factors behind them. In March 1999, the Centre for International Crime Prevention launched two other global initiatives, the Global Programme against Corruption and the Global Programme against Trafficking in Human Beings. Each initiative has as its core component the collection and analysis of data and other information. 9. Most Governments maintain a mechanism to record developments in criminal activity. However, as noted in the Global Report on Crime and Justice, “a country’s open announcement in the international arena of the extent of its crime problem and its processing of offenders through the justice system is a major political event”.3 The validity of data and the impression that it makes are often of great importance to Governments at the national and international levels. National statistics on crime are, therefore, often criticized for reflecting not trends in crime per se, but the activities of the agencies that record statistics on crime. As a result, official statistics on crime tend to under-report true crime figures, leaving gaps, particularly with regard to types of crime that are not conventional. In response to these concerns, many criminologists and government agencies have conducted self-report surveys and victimization surveys, claiming that these methods give a more accurate picture of criminal activity. Such methods, however, can be reductive. Household victimization surveys, for example, exclude information on corporate, white-collar, administrative and political crime. 10. While the debate continues as to the merits of the various methods, a consensus has emerged that conclusions on the state of crime should be based on a set of indicators that can supplement each other. For example, the European Institute for Crime Prevention and Control, affiliated with the United Nations, recently published a report containing profiles of countries in Europe and North America.4 The report combines police figures with victim survey results, as well as other data sources such as those of the World Health Organization. What has become clear is that police statistics often reflect trends apparent in the victim survey results, such as increases and decreases in criminal activity. 11. To persons who make decisions on criminal justice policy, there is a wealth of data and other information available on national and international trends and patterns in criminality. Some of the major developments are highlighted below. A. Overall crime rates 12. Preliminary data from the Sixth Survey, coupled with data from the Fifth United Nations Survey of Crime Trends and Criminal Justice Operations, covering the period 1990- 1994, reveal patterns in overall crime rates that are consistent with those reported in recent media coverage. For example, the total number of crimes reported to the police in the period 1990-1997 dropped or stayed approximately the same in member States of the European Union that submitted responses for both surveys (Denmark, Finland, Ireland, Spain and Sweden (see table 1)). The same was true for total recorded cases of a diverse group of crime types that included fraud, embezzlement, burglary, automobile theft, assault, intentional homicide, theft, robbery and rape. 13. In contrast, total recorded drug-related offences appear to have increased in the European Union. In countries in eastern Europe and member States of the Commonwealth of Independent States (CIS) (Armenia, Azerbaijan, Belarus, Bulgaria, Croatia, Estonia, Hungary, Latvia, Lithuania, Poland, Republic of Moldova, Romania, Russian Federation, Slovakia, Slovenia and Ukraine), total recorded crime appears to have increased during the 1990s. That is consistent with many media reports on the subject (see table 2). In Asia and the Pacific (Fiji, Hong Kong,5 India, Israel, Malaysia and Republic of Korea) there was an increase in total crimes recorded during the period 1990-1997 (see table 3). In all countries throughout the world, there appears to be an increase in total recorded time (see table 4)