organized crime in poland

Dr Wojciech FilipkowskiLaw FacultyUniversity of BiałystokPoland 1

OC Definition Researches into the phenomenon of OC Before 1989

After 1989▪ legal instruments – dogmatic analysis

▪ from the point of view of police officers, public prosecutors, judges and … immunity witnesses – surveys

▪ money laundering – a sector of criminal activity

Contemporary situation Central Bureau of Investigation reports

General Inspector of Financial Information reports

statistics 2

There is no legal definition of OC

although this term is being used in some regulations.

There is a crime described in Article 258 of Polish Penal Code

but it does not explain much; it is being left to academia and courts.

There is a working definition created by and for Polish Police.

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Activities of groups that

have been set up for making money with crime (no matter whether it relates to violent or economic offence),

use of violence, blackmail and corruption, and

aim at introducing illegal revenues into the legitimate economy.

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At the same time, the following eleven characteristics of OC were indentify:

▪ profit or power as main goal of its activity,▪ long-term or unlimited time-frame of its activity,▪ division of tasks and powers among the its members,▪ a special hierarchy,▪ taking up different criminal activities in order to make money,▪ isolation from the outside world, internal discipline and control of its

members,▪ committing serious crimes,▪ use of violence or other means of intimidation,▪ capability of operating internationally,▪ taking up money laundering activities, and▪ ability to influence politics, state administration, and law enforcement.

At least five of above-mentioned criteria must be met.6

Article 258 § 1. Whoever participates in an organized group or

association having for its purpose the commission of offences shall be subject to the penalty of deprivation of liberty for a term of

between 3 months and 5 years. § 2. If the group or association specified in § 1 has the

characteristics of an armed organization (…), the perpetrator shall be subject to the penalty of deprivation of liberty for a term of

between 6 months and 8 years. § 3. Whoever sets up the group or association specified in §1

or 2 or leads such a group or association shall be subject to the penalty of deprivation of liberty for a term of

between 1 month and 10 years. (…)

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Organized criminal groups and organizations were not considered as a big threat to the society or country before II World War

There was no place for OC in socialism !

‘policy of denial’

speculations of regulated goods, foreign currencies, black markets – economic crimes

researches derives from the studies of habitual offenders or professional offenders

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Phenomenology of OC

based on criminal cases, reports

surveys among law enforcement officers, public prosecutors, judges and immunity witness

Regulations concerning fighting OC

criminal law, criminal procedure, police law, etc.

Regulations concerning fighting ML

criminal law, financial law, administrative law etc.

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K. Laskowska in 2008 Russian-speaking organized crime in Russia and Poland

E. W. Pływaczewski in 2006 new regulations concerning immunity witness (witness

protection program)

police law – operational activities (surveillance) Z. Rau in 2001 OC from the point of view of different people involved in

fighting organized crime as well as immunity witnesses E. W. Pływaczewski in 1992 and 1993 first analysis of OC and ML in Polish criminology and

criminal law – ‘top-down’ & ‘bottom-up models’ of OC 11

The phenomenon itself

based on criminal cases (lawful convictions or conducted investigations)

Anti-Money Laundering Regime

evolution (issues i.e. history, accession to EU)

compliance with international standards

criminal law and other branches of legal system

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GIFI annual reports

conducted analytical investigations, typology of spotted ML methods and techniques, statistics –http://www.mf.gov.pl

Police Academy in Szczytno in 2004

cases involving laundering proceeds derived from fiscal crimes („the oil sector crimes”, VAT frauds)

K. Buczkowski & M. Wojtaszek in 2001

all ML cases from 1.01.1995 till 31.12.1997

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J. Długosz in 2006 ‘Europeanizing’ Polish criminal law regarding ML –

comparison of EU, German and Polish regulations E. M. Guzik-Makaruk & W. Filipkowski in 2004 survey among financial institution of Polish capital

market on AML regime J. W. Wójcik in 2001 surveys among banks’ employees on AML regime

W. Jasiński between 1993 and 1996 analysis of banks’ internal regulations concerning

AML14

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AcademiaLaw &

Criminology

Technology Practice

Fields of research:

citizens security

using new technologies to support law enforcement and justice system (i.e. biometrics, voice recognition, small aircrafts, cryptology, agent technologies, AI, open source intelligence, etc.)

new regulations concerning police work, surveillance, OC, ML, terrorism, financial intelligence unit, corruption, forfeiture, etc.

crimes in cyberspace16

2006 2007

Number of people involved in OC: 2644 3692

Number of organized criminal groups: 246 348

Polish 217 326

International 28 19

Russian-speaking 1 3

Type of criminal activities:

Economic crimes 88 118

Drug trafficking 85 121

Other 49 74

Diverse activity 24 35

Number of dismantled organized criminal groups 143 179

Number of suspects which activities were restricted 1432 200318

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Investigated crimes 2006 2007

Being a member of OC – art. 258 PPC 40 60

Economic crimes 144 195

Fiscal/tax crimes 27 45

Drug trafficking 180 189

Murder 18 25

Money laundering 99 88

Corruption/Briabery 32 41

Stealing cars 10 7

Forgery of financial instruments 6 7

Extortions 38 45

Human trafficking 7 5

Illegal trade of arms or explosives 11 18

Miscellaneous 149 138

20

0

20

40

60

80

100

120

140

160

180

200

2006

2007

21

Lawfulconvictions

1998

(01.09-12.31)

1999 2000 2001 2002 2003 2004 2005 2006 2007

Art. 258 §1 PPC 7 14 38 39 51 38 148 278 211 166

Art. 258 §2 PPC 2 1 1 4 10 29 20 13 18

Art. 258 §3 PPC 2 5 2 7 9 42 39 39 21

Art. 258 §3 PPCand § 1

1 1 1

TOTAL: 7 18 44 43 62 58 220 337 263 205

Source: The Ministry of Justice’s web site – www.ms.gov.pl

22Source: The Ministry of Justice’s web site – www.ms.gov.pl

0

50

100

150

200

250

300

350

19981999

20002001

20022003

20042005

20062007

§1

§2

§3

§3 & §1

Sources of illicit gains: ‘scrap-metal’ and ‘oil sector’ tax crime

frauds & swindles

unauthorized access to bank accounts (phishing attacks)

ML methods & techniques: ‘old’: nets of shell companies, fictitious

transactions, collecting accounts, instant cash withdrawal

‘new’: credit cards, on-line financial services, remittance services (Western Union, PayPal)

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24

Lawfulconvictions

1998

(01.09-12.31)

1999 2000 2001 2002 2003 2004 2005 2006 2007

Art. 299 §1 PPC 3 8 4 1 9 3 10 10 11 13

Art. 299 §2 PPC 5 1 1 3 1

Art. 299 §3 PPC 3 4 1 6 1 4 8


6 26 108 52


1 2 1


3 2 1

TOTAL: 3 8 12 5 11 3 24 45 126 75


25

0

20

40

60

80

100

120

140

19981999

20002001

20022003

20042005

20062007

§1

§2

§3

§5 & §1

§5 & §2

§6 & §1


BIBLIOGRAPHY:

K. Laskowska, Rosyjskojęzycznaprzestępczość zorganizowana (Russian-speaking Organized Crime), Temida2 2007

E. W. Pływaczewski (Ed.), Przestępczośćzorganizowana, świadek koronny, terroryzm w ujęciu praktycznym (Organised Crime, Immunity Witness, Terrorism – Practical Aspects), Zakamycze 2005

W. Filipkowski, Zwalczanie przestępczościzorganizowanej w aspekcie finansowym(Fighting Organized Crime in Financial Aspect), Zakamycze 2004

C. Fijnaut, L. Paoli (Eds.), Organised Crime in Europe, Springer 2004

Z. Rau, Przestępczość zorganizowana w Polscei jej zwalczanie (Organised Crime in Poland and the Fight against It), Zakamycze 2002

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DR WOJCIECH [email protected]

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organized crime in poland

Education