Showing papers in "European Journal on Criminal Policy and Research in 2017"

The Value of CCTV Surveillance Cameras as an Investigative Tool: An Empirical Analysis

Abstract: There has been extensive research on the value of closed-circuit television (CCTV) for preventing crime, but little on its value as an investigative tool. This study sought to establish how often CCTV provides useful evidence and how this is affected by circumstances, analysing 251,195 crimes recorded by British Transport Police that occurred on the British railway network between 2011 and 2015. CCTV was available to investigators in 45% of cases and judged to be useful in 29% (65% of cases in which it was available). Useful CCTV was associated with significantly increased chances of crimes being solved for all crime types except drugs/weapons possession and fraud. Images were more likely to be available for more-serious crimes, and less likely to be available for cases occurring at unknown times or in certain types of locations. Although this research was limited to offences on railways, it appears that CCTV is a powerful investigative tool for many types of crime. The usefulness of CCTV is limited by several factors, most notably the number of public areas not covered. Several recommendations for increasing the usefulness of CCTV are discussed.

Organised Cybercrime or Cybercrime that is Organised? An Assessment of the Conceptualisation of Financial Cybercrime as Organised Crime

Abstract: Criminological research over the last couple of decades has improved our understanding of cybercrimes However, this body of research is regarded as still theoretically thin and not fully developed; more knowledge on the actors involved, their characteristics, and modus operandi is needed Some publications recently suggested that organised crime is or might be involved in cybercrimes, which would have important policing implications, but evidence-based research on this point is still scarce and inconclusive This article seeks to further this path of inquiry by providing a systematic analysis of 40 cases from The Netherlands, Germany, UK, and USA where criminal networks were involved in financial cybercrimes affecting the banking sector It also assesses whether and to what extent these criminal networks meet the definitions of organised crime and discusses the theoretical and policing implications of our findings

Corruption in Public Procurement: Finding the Right Indicators

Abstract: Red flags are widely used to minimize the risk of various forms of economic misconduct, among which corruption in public procurement. Drawing on criminal investigations, the literature has developed several indicators of corruption in public procurements and has put them forward as viable risk indicators. But are they genuinely viable, if only corrupt procurements are analysed? Using a dataset of 192 public procurements — with 96 cases where corruption was detected and 96 cases where corruption was not detected — this paper addresses the identification of significant risk indicators of corruption. We find that only some indicators significantly relate to corruption and that eight of them (e.g. large tenders, lack of transparency and collusion of bidders) can best predict the occurrence of corruption in public procurements. With this paper we successfully tap into one of the most vulnerable areas of criminological research — selecting the right sample — and consequently, our results can help increase the detection of corruption, increase investigation effectiveness and minimize corruption opportunities.

In pursuit of food system integrity: the situational prevention of food fraud enterprise

Abstract: There is much talk surrounding food fraud policy, and while there is convergence around the need to ‘do something about it’, there can be divergence around how this should be done as seen in the decisions and actions of concerned stakeholders. However, underpinning the policy agendas in relation to food fraud there is an aim to prevent (or at least reduce) food fraud, crime and harms, to improve the integrity of the food system. This article develops a mode of analysis that integrates ‘enterprise theory’ with ‘situational prevention theory’ to develop an understanding of how food frauds are situated actions, shaped by contingent enterprise conditions that influence how food frauds are organised and why decisions to offend become rational. We apply this integrated framework to the Spanish olive oil market. Drawing on data collected on market conditions and case study analyses of particular frauds to better understand the situated nature of food frauds we suggest mechanisms that could be used to prevent fraud in particular situations under these conditions. We conclude that this mode of thinking and analysis can be applied to a range of frauds across different food networks.

Sex differences in longitudinal pathways from parenting to delinquency

Abstract: In the current study, we examined longitudinally whether boys and girls differed in pathways from parenting to delinquency. Longitudinal mediational models were tested for boys and girls separately in which three parenting dimensions (i.e., monitoring, limit setting, and the quality of the parent-adolescent relationship) were hypothesized to influence adolescents’ level of self-control, delinquent attitudes, peer delinquency, and time spent in criminogenic settings, which in turn, were hypothesized to affect delinquency. Using data of 603 adolescents (11–17 years of age at T1) we found mean level differences between boys and girls in parental monitoring, parental limit-setting, self-control, delinquent attitudes, and peer delinquency. The results suggest furthermore that the model linking parenting to delinquency is similar for boys and girls. We found, however, that the indirect effect from the quality of the parent-adolescent relationship through self-control is stronger for girls than for boys.

Human Trafficking for Criminal Exploitation: The Failure to Identify Victims

Abstract: Human trafficking for criminal exploitation is one of the lesser-known forms of human trafficking The failure of the criminal justice system to identify the victims of this type of trafficking can lead to a failure to take the victim-centred approach to trafficking espoused in the international legal instruments that regulate the matter, an approach that emphasises the protection of victims and respect for their rights In light of earlier findings of the existence of unidentified victims of human trafficking for criminal exploitation in several European countries — the UK, Ireland, Spain, the Czech Republic and the Netherlands — a qualitative study was conducted, consisting of 37 in-depth interviews with practising criminal justice professionals and victim service providers in Spain Because undetected victims of human trafficking for criminal exploitation are usually treated as offenders, the main aim of this research with professionals was to determine the causes of the criminal justice system’s failure to identify the victims of this specific form of trafficking in order to prevent them from remaining hidden victims

Managing Cartels: how Cartel Participants Create Stability in the Absence of law

Abstract: Firms enter cartels (e.g. price-fixing; bid-rigging) in order to control market uncertainties and gain collusive profits, but face challenges in controlling the cartel itself. A challenge for business cartels is how to organise collective illegal activities without the use of formal control, such as binding legal contracts or arbitration. While one might expect that a lack of formal legal control leads to mutual conflicts and opportunistic behaviour resulting in short-lived cartels, firms often manage to continue their illegal conduct for years. This raises questions as to how firms organise their cartels in the absence of legal means. This article addresses how informal coordinating mechanisms enable cartel stability outside the scope of formal legal control. Based on an in depth study of 14 Dutch cartels, this article shows the importance of informal social mechanisms to coordinate, monitor, enforce, and compensate for the longevity of business cartels. Furthermore, the results emphasise that in order to explain cartel stability, social mechanisms that induce trust need to be considered.

Comparing crime reporting factors in EU countries

Abstract: Through crime-reporting citizens make their security needs explicit to the police. This information helps the police in the allocation of resources. In the European Union, there are significant differences among countries, both in terms of overall and specific crime-reporting rates. Factors highlighted by the literature that might explain these differences are not entirely satisfactory. There is little comparative research, and most published studies are nation-centred, based on the experience of central and northern European countries, and largely focused on the situational variables related to the criminal incident itself. It is widely assumed that situational variables have a universal explanatory capacity in crime reporting. This article questions this assumption and shows that a number of factors weight differently in explaining national rates. Following a literature review, we identified four groups of causal factors and analysed their explanatory capacity. These are related largely to the incident (rational models) and victims’ perception (psychological models). In addition, we also analysed the influence of institutional and community factors. The European Survey on Crime and Safety database was used for our analysis. Results show the existence of two areas in Europe, the north-central area and the south-eastern area, in terms of crime reporting rates and the factors that explain these differences. Rational and psychological models explain crime-reporting practices better in the north-central area. In contrast, socio-demographic variables and social inequalities are more relevant for explaining crime reporting in the south-eastern area of Europe. Institutional variables are also important in eastern countries. Community factors are not significant explanatory variables due to the limitations of indicators available in the database. Our research reveals that crime-reporting is a rather more complex phenomenon than is often assumed, and highlights the limitations of existing knowledge and methodologies on comparative crime-reporting.

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Abstract: Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual’s communication and provide recommendations to practitioners for how to obtain the individual’s ‘best evidence’ during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults’ perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study 100 participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child’s behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a 13 year old child. The results showed the children’s behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child’s cross-examination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children’s testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.

How fear of crime affects punitive attitudes

Abstract: This article investigates different types of fear of crime as predictors for punitive attitudes. Using data from a Germany-wide representative survey (n = 1272) it examines the reliability and validity of survey instruments through confirmatory factor analysis (CFA) and uses structural equation modeling (SEM) to explain variations in the level of respondents’ punitive attitudes. The results show that different emotional and cognitive responses to crime have a distinctive effect on the formation of punitive attitudes. These effects vary significantly depending on socio-demographic factors and assumed purposes of punishment. A crucial observation of the study is that men’s fear of crime works in a different way in the formation of punitive attitudes than women’s fear of crime. The perceived locus of control for the crime threat is a possible explanation for this difference.

French Cities’ Struggle Against Incivilities: from Theory to Practices in Regulating Urban Public Space

Abstract: In France, public policies began defining “incivilities” as a primary topic and target to focus on more than two decades ago. Yet what this term actually means is still somewhat unclear: almost every organization that uses it has its own definition, sometimes its own observatory. Despite, or perhaps because of, its very vagueness, the concept has become widely shared and used, securing itself a place on the agendas of most local security policies, becoming an explicit part of the remits of an increasing number of professionals, from police officers to social workers, including a wide range of municipal agents. The range of situations and behaviors potentially included in the list of “unruly conduct” is seemingly endless, from groups of teenagers hanging out to homeless people privatizing public places, and from using playgrounds as public toilets to noise, garbage, dog fouling, graffiti, queue-jumping, pushing and shoving, street harassment, insults of all kinds, badly parked cars, and so forth. However, not all of them provoke the same public attention. This article focuses on the way disorders are actually defined, measured, and dealt with in practice. Incivilities are often said to be growing because of increasing powerlessness. Our research proves action is far from being merely correlative to the legal capacity for sanction.

Exploring Definitions of Serious Crime in EU Policy Documents and Academic Publications: A Content Analysis and Policy Implications

Abstract: In recent years the term “serious crime” has gained prominence in EU policy on internal security. This article analyzes how the EU policy and scientific communities have conceptualized and operationalized the term. Through a content analysis, it evaluates the articulation and use of “serious crime” in EU policy documents published from 1995–2013 and scientific articles published from 2004–13 that include the term (n = 93 and n = 104, respectively). The analysis demonstrates deficits of conceptualization and operationalization and a correspondingly weak foundation for policy. While the EU’s increasing emphasis on serious crime could represent an opportunity to improve the accountability of EU crime control policies, it is up to academics and policy-makers to address these deficits.

Perceptions of Neighbourhood Safety and Policy Response: A Qualitative Approach

Abstract: Safety perceptions of residents are often analysed through surveys and compared with factual crime developments. Using the Dutch city of Rotterdam as an urban context of improved crime levels, this article provides a critique on standardised surveys in the research of safety perceptions and its presupposed connection to factual crime. Contrasting survey results from the Rotterdam Safety Index with qualitative data from 64 in-depth interviews in four districts, the qualitative narrative contradicts findings from the survey and implies more nuanced and diversified policy responses to safety issues. Because of the tendency of surveys to connect safety perceptions to factual crime, their unsuitability to catch subtle perceptions and their inability to expose new viewpoints, we argue for de-quantification: a lesser dependency on—but not a repeal of—survey data in this area, supplemented by a periodic qualitative approach in the research of crime and safety information (qualitative monitoring).

“It ain’t (just) what you do, it’s (also) the way that you do it”: The role of Procedural Justice in the Implementation of Anti-social Behaviour Interventions with Young People

Abstract: This paper provides an analysis of the introduction and implementation of hybrid powers to regulate anti-social behaviour, during a period of regulatory ‘hyperactivity’ in the UK. It explores the role of procedural justice by drawing on findings from a study conducted in England which investigated the implementation practices and experiences of young people and parents. These are considered against seven characteristics of procedural justice: voice; voluntariness; respectful treatment; parsimony; accuracy of information; fairness; and neutrality. The paper analyses the manner in which principles of voluntary cooperation can be corrupted by threats of punitive sanctions. It questions the extent to which the use of such hybrid orders fosters perceptions of legitimacy and supports the capacity of young people to avoid criminalisation.

Controlling Immigrants: The Latent Function of Italian Administrative Orders

Abstract: Enforcement of new—or relatively new—administrative powers targeting control and criminalization of behaviorbehavior has become increasingly common in Italian cities in recent years. Defined as ordinanze sindacali, Mayors’ Administrative Orders (MAOs) have traditionally been among the powers available to mayors to regulate urban life. Under a new national law passed in 2008, their use in controlling undesirable behavior ranging from minor social and physical incivilities to prostitution and social problems like begging and vagrancy has become increasingly common. In this paper, using data from our own research and from national and local studies, we discuss these orders from a new perspective, showing how they have been used in Italy to criminalize statuses and behaviors of a specific vulnerable social group: namely, legal and illegal immigrants. We describe the main features of these administrative tools, their complex interactions with the criminal justice system and immigration laws, and the mechanisms through which they target irregular and regular immigrants and their use of public space. We contextualize their enforcement in Italian cities in the broader development of exclusionary policies against immigrants and in the more general tendency to increase criminalization of groups and behaviors that seem to be part of a common punitive turn in many Western countries.

Women in Prison in Spain: The Implementation of Bangkok Rules to the Spanish Prison Legislation

Abstract: This paper aims to take a close look at the reality of female crime in Spain. On the one hand, we will focus on describing the current situation of women incarcerated in Spanish prisons, an especially vulnerable group given their peculiarities and needs. Through secondary sources, we describe the situation of discrimination against women in these prisons. On the other hand, the paper establishes whether the current Spanish prison legislation echoes all or some of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures of Freedom for Women Offenders (Bangkok Rules, 2010). To this end, a detailed analysis of both standards, national and international, is essential. As a general conclusion, although Spain has high standard prison regulations and modern facilities, female prisoners in Spanish prison are subject to discrimination. It is from such a perspective that this article proposes that the necessary changes and appropriate penitentiary policies to meet the specific needs of female prisoners are established.

Municipal ordinances and street prostitution in Spain

Abstract: Beginning with the civic ordinance enacted in Barcelona in 2005, in the first decade of the twenty-first century, most big and medium-sized cities in Spain enacted municipal ordinances prohibiting various types of uncivil behaviour in the street. The stated goal of all these municipal regulations was to promote urban safety and the civic use of public space. However, in some cases these prohibitions have gone beyond this goal and had deeper, at times even contrary, effects on some of the activities they are intended to regulate. An analysis of the effects of banning street prostitution through municipal ordinances in Spain shows not only that the trade of sexual services in the street has not disappeared, but also that the conditions of police control in which street sex workers must operate have worsened. The lack of effectiveness of these regulations to discourage sex workers from offering their services in the street may explain the recent change in municipal policy attitude towards this issue, which is shifting from a soft prohibitionist approach to an abolitionist one. At the national level, although the recently passed Citizen Safety Act seems to take an abolitionist approach to this matter, materially speaking it is very close to prohibitionist schemes for dealing with street prostitution.

A comparison of the gender-specificity of age of consent legislation in Europe and China: Towards a gender-neutral age of consent in China?

Abstract: Age of consent—the age at which young people are considered legally competent to consent to sexual activities—is an important weapon invented by law makers to protect young children from being sexually abused and exploited by predatory adults. In this study, a comparison of the age of consent legislation in 2004 and 2016 in Europe reveals that it is a trend for European law makers to adopt a gender-neutral approach in their age of consent legislation, i.e., the gender of the sexual participants does not affect the legal consequence of the sexual activity and both male and female children, either in heterosexual or homosexual relations, enjoy protection to the same extent. Then the age of consent legislation in China is deeply examined to see whether it is gender-neutral as most of the European jurisdictions. Based on the previous introduction and analysis of Europe and China, this paper concludes that the gender-neutral trend identified in Europe could be instructive for China’s future age of consent legislation.

Common EU Minimum Standards for Enhancing Mutual Admissibility of Evidence Gathered in Criminal Matters

Abstract: The EU, while developing instruments for evidence-gathering in criminal matters, is not making much of an effort to enhance its admissibility. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility of adopting minimum rules concerning, among other things, the mutual admissibility of evidence, this paper is dedicated to verifying whether it is feasible to achieve various common EU minimum standards for evidence-gathering.

Understanding Pathways to Crime: Can Anomie Theory Explain Higher Crime Rates Among Refugees? - Current Findings from a Swiss Survey

Abstract: This study explores the extent to which the comparatively high crime rates among refugees in Switzerland can be explained once anomie theory is employed to take individual and social factors into account. The discrepancy between expectations and internalized goals on the one hand, and accessible legal opportunities on the other, may lead to heightened personal strain and anomic reactions such as innovation and deviance. This research tested this notion via statistical data and a survey of refugees in Switzerland. The results offer moderate support to anomie-centered explanations of crime among refugees.

Discerning Novel Value Chains in Financial Malware : On the Economic Incentives and Criminal Business Models in Financial Malware Schemes

Abstract: Fraud with online payment services is an ongoing problem, with significant financial-economic and societal impact. One of the main modus operandi is financial malware that compromises consumer and corporate devices, thereby potentially undermining the security of critical financial systems. Recent research into the underground economy has shown that cybercriminals are organised around highly specialised tasks, such as pay-per-install markets for infected machines, malware-as-a-service and money mule recruitment. Setting up a successful financial malware scheme requires the aligning of many moving parts. Analysing how cybercrime groups acquire, combine and align these parts into value chains can greatly benefit from existing insights into the economics of online crime. Using transaction cost economics, this paper illustrates the business model behind financial malware and presents three novel value chains therein. For this purpose, we use a conceptual synthesis of the state-of-the-art of the literature on financial malware, underground markets and (cyber)crime economics, as well as today’s banking practice.

DNA Databases as Alternative Data Sources for Criminological Research

Abstract: DNA traces found at crime scenes and DNA records held in databases have already helped the police to solve numerous investigations into specific crimes. The police clearly benefit from the use of forensic science at an operational (i.e. case) level. This paper focuses on the use of forensic DNA at a strategic level: its use in the study of patterns of criminal behaviour. The usual sources of information for this type of research are recorded crime data, self-report studies and victimization surveys. However, as our review will show, these data sources cannot provide a complete picture of crime. We therefore propose an alternative approach to criminological research that takes into account DNA databases and has the potential to augment current methods and extend the existing knowledge beyond known offenders. The use of DNA databases has an important advantage for criminological research: it is possible to link offences committed by the same individual, whether the offender’s identity is known or not. By making a one-on-one comparison of police data with the corresponding DNA data, not only can co-offenders be studied, but a larger network of offenders connected to each other can also be analysed, even if their identity is unknown to the police.

Banishment and the Post-Industrial City: Lessons from Seattle

Abstract: Seattle deploys several mechanisms by which individuals’ presence in particular spaces can constitute a crime. Through a range of means, police in Seattle are given wide authority to question and arrest those who appear as human manifestations of the “disorder” that is of concern to many. Importantly, these programs accentuate the power of criminal law by mobilizing other forms of law, most notably civil law and administrative law. This legally-hybrid structure works to accentuate the police’s power notably. Yet increased police power does not actually work to reduce “disorder” to any appreciable extent. For this reason, and others, we suggest that different approaches to addressing social marginality represent more promising avenues for cities like Seattle to explore.

Public Attitudes in Australia to the Reintegration of ex-Offenders: Testing a Belief in Redeemability (BiR) scale

Abstract: We report the results of a large scale Australian survey of public attitudes to offender reintegration. A representative sample of 1215 respondents gave their views about the possibility that offenders could make a good life for themselves after having committed crime. Views expressed were significantly positive with around four out of five respondents indicating they believed reintegration was possible and should be attempted. On the basis of the responses an overall score was calculated for each respondent. Analysis of the data suggested that three factors contributed to the overall score. We named these: Human capital, Possibility of change and Agency and the rationale for these is discussed. Some demographic factors (age, gender, presence of children in the household and highest level of schooling) were significantly related to scores in one of the components. Respondents also reported whether they, or someone close to them, had been a victim of crime or had been arrested, and whether they had worked in the field of law enforcement or the field of human services. Inclusion in these categories was found to be significantly related to certain components of the overall score. These findings are discussed in the light of related surveys in other jurisdictions and we invite other researchers to use the scale and suggest improvements.

The Social Organisation of Migrant Smugglers in Turkey: Roles and Functions

Abstract: Thousands of irregular migrants and refugees are transported from conflict areas and/or underdeveloped countries to wealthy Western states. These transfers are usually facilitated and arranged by migrant smuggling organisations. This paper reflects part of a comprehensive research project on irregular migration and migrant smuggling in Turkey and examines the structure and networks of smugglers operating in Turkey. Based on face-to-face interviews with smugglers (N = 54), it aims to shed light on migrant smugglers, smuggling structures and their organisations in Turkey. The findings suggest that the migrant smuggling business is composed of networks established at the local, national and international levels. These are structured on an ad hoc basis and are often adaptable to any changes and opportunities that may arise.

Portuguese Anti-money Laundering Policy: a Game Theory Approach

Abstract: The fight against money laundering has taken center stage in the global arena. The European Union (EU), in line with various international organizations, plays an active role in the fight against this crime and promotes anti money laundering directions to its member states. The statistics regarding Portugal (a member of the EU since 1986) indicate that it lags behind most of the EU members in terms of reporting of suspicions of money laundering. This paper adopts a game theory approach to study the efficiency of the combat against money laundering in Portugal, both with regard to the financial and the non financial sector of the economy. Additionally, the paper studies the impact of the increase of sanctions, as recommended by the 4th Directive 2015/849 of the European Parliament and of the Council of 20th May of 2015, on that combat. The results show that the low probability of the institutions being caught (and fined) for not complying with their reporting duties, coupled with the low conviction rates for money laundering crimes, justifies the reduced number of suspicious transactions reported. The findings highlight that an increase of sanctions, on both financial and non financial institutions, would tend to augment the efficiency of the combat against money laundering in Portugal.

Maneuvering with Crime. An Empirical Reconstruction of “Populist” Stances on Youth Crime in German Parliamentary Debates

Abstract: Recent years have seen a wide discussion of populism in penal policy, which is internationally regarded as a strong drive for establishing punitive tendencies. Generally, “penal populism” is characterized by an extensive consensus across the most influential political parties, a punitive orientation, and the dismissal of scientific or professional expertise. Recent penal policy therefore appears to be a relatively unified practice strongly oriented toward punitive measures that primarily address the public and its perceived need for protection. Because analyses of Anglophone countries are predominant in this discussion, we contrast them with a reconstruction of debates on youth crime in German parliaments from 1970 to 2012. They exhibit a wide variety of populist articulations. Although they imply a strong punitive bias, they also encompass a very heterogeneous rhetoric of penal policy. In conclusion, we argue that penal populism can (and should) be described as a tactical practice, i.e., as political maneuvering employed to negotiate the prospects of punitive and other styles of politics.

Construction of the problem of Latin gangs in Spain and response of the law enforcement system

Abstract: Recently, since their official recognition as criminal organizations by Spanish law enforcement authorities, stricter prosecution of Latin street gangs has been observed. The toughening of legal regulations, new models of police conduct and the increasingly active role of prosecutors have contributed to greater punitive pressure on the gangs. This article has two main objectives: first, to describe changes in Spanish criminal policies for the treatment of Latin American street gangs; second, to analyse to what extent these changes are in consonance with empirical findings on criminal involvement and the organizational nature of these groups. The results show that despite the recent increase in criminal activity these groups cannot be viewed as the only parties to blame for local street crime. The opinion of the law enforcement authorities that Latin American street gangs are a form of organized crime is far from reality. These groups do not have the required combination of characteristics inherent to criminal organizations, and their purposes are not always exclusively criminal.

Harmonisation of National Criminal Laws on Maritime Piracy: a Regulatory Proposal for the Crime of Piracy and its Penalties

Abstract: This article outlines a regulatory proposal for the crime of piracy and its penalties. Following the introduction, Section 2 addresses the duty to cooperate in the repression of maritime piracy established in Article 100 of the United Nations Convention on the Law of the Sea (UNCLOS). It also discusses the existence of an obligation to codify the crime of piracy and establish appropriate penalties, as part of the duty under Article 100. In this context, Section 4 is a de lege lata analysis of how national legislators have codified maritime piracy while Section 5 is a de lege ferenda proposal. Namely, Section 4 identifies some regulatory patterns in a wide number of jurisdictions that show to what extent there is a lack of harmonisation of domestic laws on maritime piracy. Section 5 discusses a regulatory proposal for the crime of piracy and its penalties.

Introduction: The renaissance of administrative orders and the changing face of urban social control

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