Special methods of investigation against organized crime

• Author: Eliora Elezi
• Position: Albanian School of Magistrates
• Pages: 78-86

Vol. 3 No. 3

November 2017

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2410-3918

Acces online at www.iipccl.org

78

Special methods of investigation against organized crime

PhD (C.) Eliora Elezi

Albanian School of Magistrates

Abstract

International criminal organizations, more and more are using sophisticated communication

and action techniques. In many instances of organized crime, for example in corruption, human

beings tra cking, narcotics, etc., there is no proof of evidence. These crimes are "without

victims" or "without witnesses" and their reporting is rare. Traditional investigative methods

and techniques are not always productive, to counteract criminal activity in technological

evolution and not just that. This led to the need of using the most e cient ways, such as the

special investigation methods, such as: simulation actions, controlled delivery of unlawful

cargo, inf‌i ltrated agent, alternating with interception of communications and equipment with

modern technical means. Be er knowledge of these methods is of particular importance to law

enforcement institutions but also to the individual who may be vulnerable to violating private

life from their illicit use.

Keywords: special methods of investigation, organized crime, proactive investigation,

evidence.

Introduction

Organized crime has recently changed dramatically. In addition to what we can call

traditional, because it is rooted in a certain territory within branches and contacts with

other organizations (Sicilian maf‌i a, Colombian and similar cartels), it’s the criminality

now termed transnational: it is formed by groups of persons belonging to di erent

countries, di erent ethnicities, united no longer from common ancestry, but only from

common interest and act simultaneously in more than one country (Sciacchitano,

2007, 46). Its forms of expression are numerous, such as: drug tra cking, money

laundering, women and children tra cking, illicit fabrication and transportation of

f‌i rearms, smuggling, etc.

The use of traditional investigative techniques to combat international organized

crime in time resulted in insu cient or ine ective (Harf‌i eld, 2000, 109). While

the implementation of special investigative tools, on the other hand, revealed the

potential possibility of violating the fundamental human rights. The right balance

can be achieved based on basic principles such as legality, control, public interest,

etc. Discussions on these techniques o en overcome the legal plan and go to the

political and not only. However, it is now accepted that the reactive investigation,

that is, on the basis of complaints, is not always e ective, especially in cases where

witnesses are missing or are less reliable. For many reasons, it was passed to a

proactive investigation, which in nature allows prosecuting authorities to detect and

detain violators of the law while commi ing criminal acts, collecting evidence of the

"historical" course of crime.