LEA122 Comparative Models in Policing PDF
LEA122 Comparative Models in Policing PDF
LEA122 Comparative Models in Policing PDF
1. Common Law System. It is characterized by strong adversarial procedures and relies upon oral evidence in which the public
trial is a main focal point; also known as "Anglo-American Justice" and adopted in most English-speaking countries.
2. Civil Law System. This system exists throughout European countries. It is characterized by a strong inquisitorial system
where less right is granted to the accused and the written law is taken as gospel and subject to little interpretation; also known
as "Continental Justice or Romano-Germanic Justice"
3. Socialist System. This system can be characterized by procedures designed to rehabilitate or retrain people into fulfilling
their responsibilities to the State. It is the paramount expression of positive law designed to move ahead toward the perfection
of the State and mankind. The administrative officials, not legal officials, who make most of the decisions in the
administration of justice. This is also known as the Marxist-Leninist Justice and practiced in Africa and Asia.
4. Islamic System. In this system, procedures and practices in the administration of justice are derived from the interpretation of
the Holy Qur'an. Generally, the Islamic System is characterized by the absence of positive law2 and is based more on the
concept of natural justice or customary law or tribal traditions, where crimes are considered as an act of injustice that conflict
with tradition. Religion plays a significant role to the extent of theocracy, where the country is ruled by religious leaders.
1. Fragmented Police System — This system, which is found in the United States of America, is directly attributed to the
federated nature of the political system and local communities asserting their right to home rule.
2. Combined Police System — This system is marked by the national and local governments cooperating and sharing in the
responsibility for establishing a police service. England 's police organization is an example of this system.
3. National Centralized Police System — In this system, the central government creates a national police force for the
community. This was originated in Rome and found in democratic countries like France as well as in some non- democratic
countries.
a. Legalistic, where emphasis is on violations of law and the use of threat or actual arrest to solve disputes in the community.
In theory, the more arrests that are made, the safer the community will be. This style is often found in large metropolitan
areas.
b. Watchman, where emphasis is on informal means of resolving disputes and problems in a community. Keeping the peace
is the paramount concern; arrest is used only as a last resort to resolve any kind of disturbance of the peace. This style is
commonly found in lower socioeconomic communities.
c. Service, where emphasis is on helping the community as opposed to enforcing the law. Referrals and diversion to
community treatment agencies are common instead of arrest and formal court action. This style is most likely found in
wealthy communities.
2. As to the degree of commitment to maintaining order and respect for due process
a. Enforcers, where emphasis is on order, with little respect for due process.
b. Idealists, where emphasis is on both social order and due process.
c. Optimists, where emphasis is on due process, with little priority given to social order.
d. Realists, where little emphasis is given to due process or social order.
3. As to the way police officers use their authority and power in street police work
a. Professional, where police officers have the necessary passion and perspective to be valuable police officers.
b. Enforcers, where police officers have passion in responding to human problems but do not recognize limits on their power to
resolve them.
c. Reciprocators, where police officers often are too objective in that they have perspective but virtually no passion, resulting in
a detachment from the suffering they encounter and often a failure to take action.
d. Avoiders, where police officers have neither passion nor perspective, resulting in no intellectual recognition of people's
problems and no action to resolve them.
TEST #1
REVIEW QUESTIONS: CHAPTER 1
____________________________2. This police system is adopted in the United States because of the federated nature of the
political system and local communities asserting their right to home rule.
____________________________4. In this law enforcement style, keeping the peace is the paramount concern, and arrest is used
only as a last resort to resolve any kind of disturbance of the peace. This style is commonly found in lower socioeconomic
communities.
____________________________5. These police operational style emphasizes on order, with little respect for due process.
Il. Alternative Response: Write TRUE if the statement is correct. Write FALSE if the statement is incorrect.
________3. The Common Law System is characterized by inquisitorial procedure, where the judge is very active in proving
the guilt of a person accused of committing crime.
Ill. Essay:
Assume that you are a police officer. What do you think is the most ideal operational style
that you may adopt in the use of your authority and power in street police work? (5 pts.)
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LESSON 2
GLOBALIZATION AND ITS EFFECT TO
POLICING
Globalization refers to the process by which regional economies, societies, and culture, as well as information, ideas and even
authority become integrated by a global network of political ideas through communication, transportation, and trade. In addition, it
pertains to the increasing interconnectedness of the different parts of the world through common processes of economic,
environmental, political and cultural changes.
CAUSES OF GLOBALIZATION
1. International division of labor
2. Internationalization of finance i.e. the emergence of global banking and globally integrated financial markets
3. The new technology system based on a combination of innovations, including solar energy, robotics, microelectronics,
and digital communications and information system
4. The growth of the consumer markets among the more affluent populations of the world; similar trends in consumer tastes
have been created by similar processes
The police were preoccupied solving craft local crimes. With globalization, they are now faced with highly organized and
sophisticated crimes, like terrorism, bank robbery, drug trafficking, money laundering, and kidnap for ransom, among others.
Moreover, crimes have crossed borders. Like big corporations, organized crimes have evolved into transnational crimes, with
operations in different parts of the world (McCarthy, 2011).
I. Alternative Response: Write TRUE if the statement is correct. Write FALSE if the statement is incorrect.
__________1. The increase in economic and social transactions facilitated the internationalization of transnational
crimes.
__________2. The development of an integrated worldwide economy marked by free trade, free flow of capital, and the
tapping of cheaper foreign labor market is called transnational crime.
__________3. Global village means the world is seen as a community in which people are connected by computers,
television, etc., and all depend on one another.
__________5. Our policing system should not be affected by the growth of transnational crimes resulting from globalization
because it will constitute a surrender of our sovereignty.
Il. Essay:
Describe how globalization affects the priorities of our law enforcement agencies in the country (5 pts).
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CHAPTER 3
TRANSNATIONAL CRIMES
Learning Objectives:
The principal targets of international police cooperation are serious transnational crimes. Article 2 of the United Nations
Convention against Transnational Organized Crimes defines serious crime as "conduct constituting an offence punishable by a
maximum deprivation of liberty of at least four years or a more serious penalty". Moreover, Article 2 describes "organized
criminal group to mean a structured group of three or more persons, existing for a period of time and acting in concert with the
aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain,
directly or indirectly, a financial or other material benefit" ll. In addition, the United Nations office of Drugs and Crime states that
the "transnational nature of organized crime means that criminal networks forge bonds across borders as well as overcome
cultural and linguistic differences in the commission of their crime. Organized crime is not stagnant, but adapts as new crimes
emerge and as relationships between criminal networks become both more flexible, and more sophisticated, with ever-greater
reach around the globe" (UNODC). This chapter discusses some transnational crimes besetting the world as well as the various
bilateral and international pacts established to fight these menaces. Furthermore, the Philippine responses to address these
problems are also presented herein.
Transnational Crimes
Transnational Crime is an activity that is considered a criminal offense by at least two countries. It is an offense whose inception,
prevention and/or indirect effects involves more than one country.
The word "transnational describes crimes that are not only international, but crimes that by their nature involve border crossing as
an essential part of the criminal activity. It also includes crimes that take place in one country, but its consequences significantly
affect another country (Allurn and Gilmore, 2012).
NOTE: Transnational Crimes are especially concerned with acts criminalized by laws of more than one country, while
International Crimes are crimes prohibited by international laws, norms, treaties and customs.
1. Terrorism — A tactic or technique by means of which a violent act or threat thereof is used for the prime objective of
creating overwhelming fear for coercive purposes.
A. Terrorism
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Definitions
Terrorism is not easy to define. For one, attempts of the United Nations to postulate a universal definition through the UN
Comprehensive Convention on International Terrorism has yet to produce any solid fruit owing to a confluence of factors. Primary
of which is the resistance of the members of the Organization of the Islamic States to include armed struggle for liberation and
self-determination as among the acts that may fall under the umbrella of terrorist acts.
• The use or threatened use of force designed to bring about a political change [Brian Jinkins, 19841. • Constitutes the illegitimate
use of force to achieve a political objective by targeting innocent people [Walter Laqueur, 19701.
• Unlawful use of force or violence designed to intimidate or coerce a government or civilian population in the furtherance of
political or social objectives. [Omnibus
• Diplomatic Security, An Anti-Terrorism Act of 19861 Socially and politically unacceptable violence aimed at an innocent target
to achieve psychological effect (Martha Crenshaw, 1983).
• Method of combat in which the victims serve as symbolic targets.
• A premeditated, perpetrated against non-combatant targets by subnational groups. Any act intended to cause death or serious
bodily harm to civilians or non-combatants with the purpose of:
History of Terrorism
Terrorism originated from the French Revolution (1789-1795) which describe the actions of the French government during the so-
called 'Reign of Terror'.
In the political upheavals in Europe in 1848 dubbed as the 'Revolutions of 1848 or the Springtime of the Peoples', it was employed
to describe violent revolutionaries who revolted against the government. By the end of 1800-1900, terrorism was used to describe
the violent activities of a number of groups including: labor organizations, anarchists, nationalist groups revolting against the
foreign powers and ultranationalist political organizations.
After the Second World War, as the colonized people revolted from European domination. nationalist groups were declared as
terrorist groups by most colonial powers:
From the 1960s to early 1980s, it was applied to violent left-wing groups, as well as to nationalist groups in Asia, Africa, the
Middle East and even Latin America. In the mid-1980s, the US defined terrorism as a violent activity of the hate movement12.
Internationally, terrorism was viewed as sub-national warfare. A number of terrorists were sponsored by rogue regimes. Today,
terrorism also refers to a large group who are independent from a state, violent religious fanatics, and violent groups who terrorize
for a particular cause such as the environment.
Terrorism
1. Apolitical Terrorism — Employment of force in a terroristic manner but for non-political ends. Types of
Apolitical Terrorism
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a. Psychotic Terrorism — develops from abnormal behavior; those who attempt bizarre, ostensibly political actions with
uncertain or irrational motives.
b. Criminal terrorism-systematic use of terror for material gain. The primary manifestation of force in this form of terrorism
includes kidnapping, extortion, gangland assassinations and murders. c. Mystical Terrorism — involves the use of lethal
force against symbolic victims to influence or invoke supernatural powers. Mysticism plays a part in both the instigation of
terrorism and the enhancement of its effect.
2. Revolutionary Terrorism — Its primary purpose is the destabilize and topple the incumbent regime, replacing it with a
political apparatus more acceptable to the revolutionaries. [e.g. Chinese Revolution; and the Vietnamese Revolution]
3. State Terrorism — involves the employment of lethal force by state governments upon civilian populations for the express
purpose of weakening or destroying their will to resist. It could be internal or external. Internal state terrorism is the use of lethal
force by the state government against its own civilian population with the purpose of repressing the people, making them
apolitical or politically malleable, and/or weakening the population's willingness to support revolutionary or other anti-
government forces.
a. Repression Terrorism — engaged in by a terrorist state regime against elements of its own population to create conditions
enough for that regime to remain in political control.
b. Military Terrorism employment of terrorism by a nation's military instrument against the civilian population of an enemy
nation for the purpose of undermining the population 's will to support its own government or shattering the cohesion of
the population making it unable to support its government. Thus, where repression terrorism seeks to control the
population, military terrorism seeks to make that target population unmanageable.
c. State-Sponsored Terrorism-involves the employment of lethal force across international borders for the purpose of
destroying or weakening the political cohesion of a targeted political entity. The state employing state-sponsored
terrorism does not use its own military instrument to deliver the lethal force, but harness social elements within the
targeted entity to do so.
1) National Revolutionary Terrorism — Can be supported by sovereign states wishing to weaken or topple the incumbent
regime of the target state. [e.g. Italian Red Brigades; German Red Army Faction, etc.) 2) International Revolutionary
Terrorism – Those that employ terrorism targets controlled and operated by persons other than terrorists own fellow countrymen.
[e.g. Palestinian Liberation Organization; Islamic Jihad; or other radical Islamic terrorist group]
3.) Minute Political Terrorist Gangs — Micro-political terrorist gangs likely to receive state sponsorship. They do not have
popular support but support for them can cause disruption in the targeted entity. [e.g. German Red Army factions].
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9. 2005 International Convention for the Suppression of Acts of Nuclear Terrorism
These are some of the legal instruments that have been drafted by the United Nations and its specialized agencies to fight
terrorism. Any member state of the UN is welcome to adopt these in their territories.
1. Command — The smallest group, is at the top, and responsible for the command. As in military circles, leadership makes
policy and plans while providing general direction.
2. Active Cadre [military term] — They are the people who we call "terrorists". They are responsible for carrying out the
mission of the terrorist organization. They have one or more specialties. Other terrorists support each specialty, but the
active cadre is the striking arm of the terrorist group.
3. Active Supporters — They are the people who keep the terrorists in the field. They maintain communication channels,
provide safe houses, gather intelligence, and ensure all other logistical needs are met. This is the largest internal group in
the organization.
4. Passive supporters — They complement active supporters. People who do not readily join terrorist groups but simply
represent a favorable element of the political climate. Many times, they were used without their knowledge.
The Al Qaeda
Arabic for "The Base"; founded by Osama bin Laden, Muhammed Atef, and Ayman al-Zawahiri to continue the Jihad
internationally.
4. The Committees.
a. The Military Committee – oversees recruitment, war, training, and the purchase of the arms. b. The Islamic Study
Committee — makes rulings on religious law and trains all recruits in the teachings of the Koran and Jihad.
c. The Finance Committee – oversees corporate holdings, including the travel office and several other companies.
5. The Cells. The network of terrorist recruitment and training has sites throughout the world. Each cell engages in missions
independent of the others, and the members and activities of the other cells are kept secret.
Formerly, the Islamic State of lraq and the Levant [ISIL], it is a self-proclaimed Islamic State (IS) composed of Sunni,
extremist, jihadist unrecognized state and caliphate based in Iraq and Syria. Later on, it renamed as the Islamic State of Iraq and
Syria [ISIS] Arabic acronym Dä'ish or Daesh}
This group originated as Jama'at al-Tawhid wal-Jihad in 1999 and the forerunner ofTanzim Qaidat al-Jihad fi Bilad al- Rafidayn,
commonly known as Al-Qaeda in Iraq (AQI). During the 2003 invasion of Iraq, it took part in the Iraqi insurgency against
coalition forces and Iraqi security forces. In 2006, it joined other Sunni insurgent groups to form the Mujahideen Shura Council,
which consolidated further into the Islamic State of Iraq (ISI). It gained a significant presence in Al Anbar,Nineveh, Kirkuk and
other areas, but around 2008, its violent
methods led to a backlash from Sunni Iraqis and other insurgent groups and a temporary decline. In April 2013, the group changed
its name to the Islamic State of Iraq and the Levant. It grew significantly under the leadership of Abu Bakr al-Baghdadi, gaining
support in Iraq in the context of perceived economic and political discrimination against Iraqi Sunnis. After entering the Syrian
Civil War, it established a large presence in the Syrian governorates of Ar-Raqqah, Idlib, Deir ez-Zor and Aleppo. It had close
links to al-Qaeda until February 2014 when, after an eight-month power struggle, al-Qaeda cut all ties with the group, citing its
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Cause
Originally, it aimed to establish an Islamic state in Sunni-majority regions of Iraq. Following its involvement in the Syrian Civil
War however, this expanded to include controlling Sunni-majority areas of Syria. It proclaimed a worldwide caliphate on 29 June
2014, and Abu Bakr al-Baghdadi—known by his supporters as Amir al Mu'minin, Caliph Ibrahim—was named as its caliph, and
the group was renamed the Islamic State [IS].
In its self-proclaimed status as a caliphate, it claims religious authority over all Muslims worldwide, and aims to bring most
traditionally Muslim-inhabited regions of the world under its political control, beginning with the Levant region, which
approximately covers Syria, Jordan, Israel, Palestine, Lebanon, Cyprus, and part of southern Turkey.
Designated as a terrorist organization, because of its grave human rights abuses; Amnesty International has found it guilty of
ethnic cleansing on a historic scale. Its actions, authority and theological interpretations are widely criticized around the world;
notably within the Muslim community.
Founder
The ISIS is founded by Abu Bakr al-Baghdadi, who is known to his supporters as Amir al-Mu'minin Caliph Ibrahim. Formerly
known as Abu Du'a. He claims descent from the Islamic prophet Muhammad, he is called Abu Bakr Al-Baghdadi Al-Husseini Al-
Qurashi.
He is listed by the US State Department as a Specially Designated Global Terrorist on 4 October 2011 and announced a reward of
up to US$ 10 million for information leading to his capture or death. Al Baghdadi was born near Samarra, Iraq, in 1971; obtained
a BA, MA and PhD in Islamic studies from the Islamic University of Baghdad. — Helped to found the militant group Jamaat
Jaysh Ahl al- Sunnah wa-l-Jamaah (JJASJ) in 2003, in which he served as head of the sharia committee. His group joined the
Mujahideen Shura Council (MSC) in 2006, which he served as a member of the MSC's Sharia Committee. Later on, the MSC was
renamed as the Islamic State of Iraq (ISI) in 2006, and al-Baghdadi became the general supervisor of the ISI's Sharia Committee,
and a member of the group's Senior Consultative Council.
The Islamic State of Iraq (ISI), also known as al-Qaeda in Iraq (AQI), was the Iraqi division of al-Qaeda, and Al Baghdadi was
announced as its leader on 16 May 2010, following the death of his predecessor Abu Omar al Baghdadi. As the leader of the ISI,
al-Baghdadi was responsible for masterminding large-scale operations such as 28 August 2011 attack on the Umm al-Qura
Mosque in Baghdad, which killed
Following the death of founder and head of al-Qaeda, Osama bin Laden, on 2 May 2011, in Abbottabad, Pakistan, al-Baghdadi
released a statement praising bin Laden and threatening violent retaliation for his death. on 5 May 2011, al-Baghdadi claimed
responsibility for an attack in Hilla, 62 miles south of Baghdad, that killed 24 policemen and wounded 72 others. Al-Baghdadi
remained leader of the ISI until its formal expansion into Syria in 2013, when in a statement on 8 April 2013, he announced the
formation of the Islamic State of Iraq and the Levant (ISIL)— alternatively translated from the Arabic as the Islamic State in Iraq
and Syria (ISIS).
REPUBLIC ACT NO. 9372 (AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM),
otherwise known as Human Security Act of 2007" defined Terrorism as " Any person who commits an act punishable under any
of the following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters); 2. Article 134
(Rebellion or Insurrection);
3. Article 134-a (Coup de etat), including acts committed by private persons; Article 248 (Murder); 4. Article 267
(Kidnapping and Serious Illegal Detention);
5. Article 324 (Crimes Involving Destruction;
or under
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3. Republic Act No. 5207, (Atomic Energy Regulatory and
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti- highway Robbery Law of 1974); and, 6. Presidential Decree No. 1866,
as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives) thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be
guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole
as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. (Section I and 3, RA
9372)
2. Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4
hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts.
3. Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and
without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal
Code, takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the
offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or
instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the
principal or conspirator of the crime.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a).
Drug Trafficking
Definitions
Drug Trafficking/ Illegal Drug Trade. A global black-market activity consisting of production, distribution, packaging and
psychoactive substances.
1. Drugs That Originates from the Golden Crescent: Afghanistan; Pakistan; Iran & India In Southeast Asia, the Golden
Crescent is the major supplier of opium poppy, Marijuana and heroin products in the Western part of Asia. It produces at least
85% to 90% of all heroin channeled in the drug underworld market.
2. Golden Triangle: Myanmar (Burma), Laos and Thailand Approximately 60% of the world's opium is produced, and 90% in
the Eastern part of Asia.
3. The Silver Triangle: Peru; Bolivia and Colombia Silver Triangle [Peru and Bolivia (70%) and Colombia (30%)), is the
producer of the world's coca leaves and cocaine-based products
1. Avoiding border checks by small aircraft and through overload smuggling routes. 2. Submitting to border checks with the drugs
hidden in a vehicle, between other merchandise, in luggage, in or under clothes, inside the body, etc.
3. Buying off diplomats to smuggle drugs in diplomatic mail/ luggage to avoid border checks Note:
Mule — a lower criminal recruited by a smuggling organization to cross a border carrying drugs, or sometimes unknowing person
in whose bag or vehicle the drugs are planted, for the purpose of retrieving them elsewhere.
Philippine Drug Enforcement System (RA 9165 — The Comprehensive Drug Act of 2002) Agencies Involved in Drug
Enforcement
PDEA serves as the Implementing arm of the DDB, and is responsible for the efficient and effective law enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential chemical as provided by the comprehensive Drug Act
of 2002.
2. Supply Reduction — Refers to the activities which endeavor to reduce the supply side/segment of illegal drugs to the barest
minimum level possible. Activities are centered to the arrest of drug personalities and seizure of illegal simultaneously drive the
prices of drugs skyrocketing high and create acute shortage of the contraband to death knell level. Intelligence workshops,
neutralization of transnational and local drug group, arrest of foreign and local drug group, filing cases in courts, seizures of
dangerous drugs, controlled precursors and essential chemicals, and laboratory equipment, dismantling of shabu laboratories and
chemical warehouses, precursor control, support activities [(operation private group) gathering of information regarding illegal
drug activities and personalities in the neighborhood and community without disclosing the identity of the informants], monitoring
of drug cases, destruction of seized illegal drugs, and regulatory control. 3. Inter-Agency Cooperation — These are the activities
that promote anti-drug related activities among tasked government agencies in close coordination with the PDEA, being mandated
to lead the drug enforcement and prevention efforts of the government.
4. International Cooperation — To run after the transnational drugs syndicates; and plug/minimize the drug traffic to and from
the Philippines. Exchange of information and relevant technologies that could be used in the anti-drugs campaign are accessed
through the PCTC, INTERPOL, ASEANAPOL, Defense/ Military and Police attaches, embassies, consulates, international
NGOs, like the International Association of chiefs of Police (IACP). These are the avenues through which international
cooperation is tapped against transnational syndicates and sources of drugs. This is the natural consequence of the "globalization
of the world into a village".
Activities
a) International interdictions
b) Coordination with Interpol
c) Linkages with the ASEAN community
d) U.N. Anti — drug Convention
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C. Money Laundering
Definitions
Money Laundering. Covers all procedures to change, obscure or conceal the beneficial ownership or audit trail of illegally
obtained money or valuable so that it appears to have originated from a legitimate source. It is a process through which the
• Placement. The physical disposal of cash proceeds derived from the unlawful activity. The aim is to remove cash from the
location of acquisition to avoid detection.
• Layering. Separating illicit proceeds from their source by creating complex layers of financial transactions designed to disguise
the source of money, subvert the audit trail and provide anonymity. The purpose is to disassociate the illicit proceeds from the
unlawful activity by creating intentionally a complex web of financial transactions aimed at concealing any audit trail as well as
the source and ownership of funds.
Integration. The final stage in the process at which the money is integrated into legitimate economic and financial systems and is
assimilated with all the other assets in the system.
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2. Use dirty money for legitimate purposes
3. Invest dirty money legitimate business. Some identified methods of money laundering include: double invoicing; direct cash
deposit; back-to-back loans; fake properties transactions; underworld illicit banking systems; advocate trial fees; smurfing; and
fake gambling earnings. Other identified methods are: stock exchange bogus transactions; purchase of shares into holding
companies, off-shore companies, box-letter companies; purchase of shares in private multinational banks, either directly or
through intermediaries; and purchases of gold, jewelry, luxury items like luxury cars, ships or vessels, planes, real estate
properties, etc.
In 1986, The United States passed the Money Laundering Control Act (MLCA), and in 1988 the United Nations Convention
against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances (VIENNA CONVENTION) made drug money
laundering a criminal offense In
1989 The G-7 Nations (France, Germany, Italy, Japan, United Kingdom, United States, and Canada) formed the FINANCIAL
ACTION TASK FORCE (FATF) which were mandated to devise international standards and policies to combat money
laundering.
And in 2000 the United Nations Convention against Transnational Organized Crime (PALERMO CONVENTION) extended the
legal definition of money laundering to include all serious crimes.
The Anti-Money Laundering Act (REPUBLIC ACT NO. 9160, otherwise known as the "Anti-Money Laundering Act of 2001, as
amended by RA 9194 , RA10167, & 10365)
Money laundering is a crime whereby the proceeds of an unlawful activity (predicate crime) are transacted, thereby making
them appear to have originated from legitimate sources.
1. Any person who transacts or attempts to transact with any monetary instrument knowing that it involves or relates to the
proceed of an unlawful activity
2. Any person who facilitates the commission of money- laundering as defined in no. 1 by knowingly performing or failing to
perform an act
3. Any person who fails to disclose Ole a report with AMLC of any instrument or transaction report as required under the law.
D. Trafficking in Persons
Definition
The recruitment, transport, transfer, harboring or receipt of a person by such means as threat or use of force or other forms of
coercion, abduction, fraud or deception for the purpose of exploitation. It differs from human smuggling for the latter is mainly
about the illegal entry of a person into a State, and it is understood to include an element of "consent" or willingness
Note:
Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery or practices similar to slavery, servitude or removal of organs.
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1. Sexual exploitation
2. Forced labor
3. Domestic servitude and forced marriage;
4. Organ removal; and
5. Exploitation of children in begging, the sex trade and warfare
Modalities of Trafficking
1. Recruitment: Methods vary, but usually involve deception or coercion. Generally, traffickers target persons in harsh living
conditions with limited educational and professional opportunities.
3. Control and Exploitation: This is part of the trafficking scheme. Upon arrival of the country of transit and destination, victims
may times are compelled into slave- like working conditions, and trafficked women and children are often forced into prostitution.
They are kept in debt bondage, obliged to pay back heavy debt arising out of the cost of transport of fake documents, and often
have their passport and money confiscated in order to control their movements. They may also be sold and pass on among various
groups. This phenomenon coined the expression "Countries of Circulation," which describes a situation where victims of
trafficking, upon arrival are being passed on among traffickers and circulated for exploitation in a number of countries.
The Fight against human trafficking in the Philippines is guided by REPUBLIC ACT NO. 9208 (ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT
OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER) which was
enacted on May 26, 2003.
1. Recruiting, transporting, transferring; harboring, providing, or receiving a person by any means, including those done under the
pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
2. Introducing or matching for money, profit, or material, economic or other consideration, any person or, as provided for under
Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering,
selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
3. offering or contracting marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude.
4. Undertaking or organizing tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual exploitation;
6. Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
7. Recruiting, hiring, adopting, transporting or abducting a person, by means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale of organs of said person; and
8. Recruiting, transporting or adopting a child to engage in armed activities in the Philippines or abroad.
21
Acts that Promote Trafficking in Persons
1. Knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting
trafficking in persons;
2. Produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of
any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;
3. Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution
by any means, including the use of information and the internet, of any brochure, flyer, or any propaganda material that promotes
trafficking in persons;
5. Facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial
boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting
trafficking in persons;
6. Confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in
furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate
agencies; and
7. Knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of
involuntary servitude, forced labor, or slavery.
2. When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995"
and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage.
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by
a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a group;
4. When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or
when the offense is committed by a public officer or employee;
5. When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
7. When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation
or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
E. Cybercrimes
Definition
Cybercrime. The commission of a criminal acts using the instruments of modern technology such as computers and the internet.
22
Types of Cybercrimes
1. Cyber theft. Use of cyberspace to either distribute illegal goods or services or to defraud people for quick profits. E.g. Illegal
copyright infringement, identity theft, internet securities fraud, warez.
2. Cyber vandalism. Use of cyberspace for revenge, destruction, and to achieve a malicious intent. E.g. Website defacement,
worms, viruses, cyber stalking, cyber bullying.
3. Cyber terrorism. An effort by covert forces to disrupt the intersection where the virtual electronic reality of computers meets the
physical world. E.g. Logic bombs use to disrupt or destroy "secure" systems or network, Internet used to communicate covertly
with agents around the world.
PUNISHABLE ACTS
1. offenses against the confidentiality, integrity and availability of computer data system, such as: illegal access, illegal
interception, data interference, system interference, misuse devices, and cybersquatting.
2. Computer-related offenses, such: as computer-related forgery, computer related fraud, and computer related identity theft.
3. Content-related offenses, such as: cybersex, child pornography, unsolicited commercial communications, and libel.
4. Other offenses, such as: aiding or abetting in the commission of cybercrime, and attempt in the commission of cybercrime
{Sections 4 & 5}.
PRESERVATION OF THE CONTENT DATA: 6 months from the date of receipt of the order from law enforcement
authorities requiring its preservation
DISCLOSURE OF COMPUTER DATA: Within 72 hours from receipt of the order in relation to a valid complaint officially
docketed for investigation. {Section 13 & 14}
Note:
Service provider — refers to any public private entity that provides to users of its service the ability to communicate by means of
computer system; any other entity that process or stores computer data on behalf of such communication service or users of such
service.
POWERS AND DUTIES OF LAW ENFORCEMENT AUTHORITIES DURING THE SEARCH, SEIZURES AND
EXAMINATION OF COMPUTER DATA
1. To secure a computer system or a computer data storage system
2. To make and retain a copy of those computer data secured
3. To maintain the integrity of the relevant stored computer data
4. To conduct forensic analysis or examination of the computer data storage medium 5. To render inaccessible or remove those
computer data in the accessed computer and communications network {Section 15}.
CUSTODY OF THE COMPUTER DATA: Deposited under the custody of the court within 48 hours after the examination as
provided by the warrant {Section 16}.
JURISDICTION: Regional Trial Court [Special Cybercrime Court {Section 21}.
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THE CYBERCRIME INVESTIGATION AND COORDINATING CENTER: Under the Administrative supervision of the
OPRES for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity
plan {Section 24}
Chairperson — Executive Director of the Information and Communications Techn010U, Department of Science and Technology
(ICTO-DOST)
Members — PNP Chief, Head of the DOJ office of Cybercrime and 1 representative from the private sector and academe.
With globalization, commission of transnational crimes across borders is facilitated, and the need for bilateral and
international cooperation become now imperative. It also indicates that policing should be more current and effective. Police
should gain insights into how to deal with these new breeds of crimes. Best practices maybe adopted from other police models.
The goal is to test whether the theory and practice in policing needs innovation to meet the demands of the present trends in crime
Features:
a) Protocol to prevent, suppress and punish trafficking in persons, especially women and children; b) Protocol against
c) Protocol against the illicit manufacturing of and trafficking of firearms, its parts, components and ammunition.
Legal Basis
1. Executive Order No.62 Series of 1999 (January 15, 1999) — PCTC is created to establish a shared database among
concerned agencies for information on criminals, methodologies, arrest and conviction on transnational crime in all its forms.
2. Executive Order No. 100 Series of 1999 (May 7, 1999), Executive No. 295 (September 28, 2002) and Executive Order
No.146 (October 22, 2002) — strengthen the operational, administrative and information
24
support system of the PCTC. Under these EO's, the center shall exercise general supervision and control over the following:
1.) Loop Center of the National Action Committee on Anti — Hijacking and Terrorism (NACAHT)
2.) International Criminal Police Organization ICPO-INTERPOL-NCB Manila, which has been reconstituted to serve as the
national liaison office and main coordinating body for international police cooperation against transnational crime.
4.) Political attaches/ counselors for security matters of the Department of Interior and Local Government (DILG).
1. Information Exchange
2. Strategic Studies
3. Capacity Building
1. Strong Regional Coordination — the PCTC serves as a focal point in seeking the assistance and support of member
countries in the ASEAN and Asia Pacific Regions by strengthening international cooperation.
2. Support to the United Nations — PCTC is involved in the drafting of the main text of the UN Convention against
Transnational Crime and other related protocols.
3. Capacity Building of Local Government Units – PCTC conducts simulation exercises to assist local government
units in the country in coping with the issues and concerns relative to crisis situation.
4. National Cooperation — PCTC host various technical working group meetings formulating proposed legislation.
1. The PCTC is under the office of the President but placed under the general supervision and control of the National Security
Adviser
2. The Executive Director has immediate supervision and control over all units of PCTC. As such he is authorized
to designate duties and functions of all units and Personnel of the PCTC; and
3. The Executive Director has direct operational and supervisory authority over personnel and resources detailed with
PCTC.
Presently the PCTC have two (2) Executive offices and four (4) Directorates:
Executive offices:
Directorates:
1. Directorate for Support Services (DSS) — performs its functions through its Administrative Divisions, Security Service
Division, and Budget and Finance Division
25
2. Directorate for Operations (DO) — performs its functions through its INTERPOL Command and Coordination Division,
Case Management Division, Capacity Building Division, and Fugitive Investigation and International Notices Division
3. Directorate for Research (DR) — performs its functions through its six (61 Division namely a) Drugs
and Criminal Organization Division
b) Financial and High-Tech Crimes Division
c) Special Crimes Division
d) Human Trafficking and Smuggling Division
e) Information and Technology Division
4. Directorate for Plans and Policies — performs its functions through its three (3) Division namely: a) Strategic
Research Division
b) Policy Formulation Division
c) International Cooperation Division
1. Public Safety and Terrorism: RA 9372 — Human Security Act of 2007; RA 6969 — Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990; PD 532 — Anti —Piracy and Anti-Highway Robbery Law of 1974; PD 1866 as amended by
RA 8294 — Decree Codifying the Law on Illegal/ Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of
Firearms, Ammunition and Explosives; RA 9851 —
Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crimes Against Humanity; and RA
10168 — Law that Punishes Terrorist Financing
2. Trafficking of Human Beings: RA 9208 — Anti — Trafficking in Persons Act of 2003; RA 8042 — Migrant Workers and
Overseas Filipino Workers Act (Illegal Recruitment); RA 8043 - Inter - Country Adoption Act; RA 6955 - Anti - Mail Order
3. Financial and High-Tech Crimes: RA 9160 as amended by RA 9194, RA 10167 & RA 10365 - Anti – Money Laundering
Act of 2001; RA 8484 – Access Devices Regulation Act; RA 9872 – Electronic Commerce Act of 2000.
4. Drug Trafficking/SmuggIing: RA 9165 — The Comprehensive Dangerous Drug Act of 2002 as amended by RA 10640
1. Memorandum of Understanding (MOU) between the PNP and KNPA; September 10, 2013 in South Korea which covers
cooperation in crime information exchange, capacity building, exchange in law enforcement techn010U, studies on the prevention
and control of illicit drug trafficking, terrorism, arms smuggling, human trafficking, cybercrimes, money laundering, international
economic crimes and banking offenses, and forgery, among others. It also provides establishment of Police Liaison Desks in the
PNP and KNPA to facilitate police assistance to Filipino nationals.
Memorandum of Understanding (MOU) between the PNP and the Indonesian National Police (INP) to expand regional inter-
agency cooperation against transnational crimes on March 8, 2011 at the Istana Merdeka in Jakarta. The agreement covers the
following crimes: drug trafficking, terrorism, arms smuggling, human trafficking, maritime piracy, cybercrimes, commercial
crimes, bank offenses, credit card fraud, fraudulent travel documents, and other forms of commercial and financial fraud.
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TEST #3
REVIEW QUESTIONS: CHAPTER 3
Name: __________________________________________________________________ Section: ______________________
I. Alternative Response: Write TRUE if the statement is correct. Write FALSE if the statement is incorrect
_________3. The Chairperson of the Cybercrime Investigation and coordinating Center is the NBI Director. _________4. Al
_________6. The Dangerous Drug Board is under the office of the President.
_________8. The "Golden Triangle" is a producer of world's coca leaves and cocaine-based products. _________9. The
usual method of recruiting human trafficked victim is through the use of violence. _________10. Illegal access and
Ill. Essay: Answer the question, directly, concisely and sequentially according to order. Always explain your answer even the
question does not expressly ask for an explanation, for a mere "Yes" or "No" answer without any explanation or discussion will
not be given any credit. Write legibly.
Discuss the concept of transnational crimes and explain why terrorism, money laundering, human trafficking, drug trafficking are
considered transnational crimes. (10 pts)
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
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CHAPTER 4
ASEAN POLICE MODELS
Learning Objectives:
The Philippines is one of the founding members of the Association of Southeast Asian Nations (ASEAN). Likewise, it has active
diplomatic relations with these neighboring countries. The countries in the ASEAN region are beset by transnational organized
crimes. Thus promotion of regional cooperation among their police forces is a necessity. This chapter presents the basic features
of police system among ASEAN member-states. Due to very limited information Timor Leste is not included in this book.
1. BRUNEI
Brunei is located in Southeastern Asia, on the northwest corner of the Island of Borneo in the South China Sea bordering
Malaysia. It covers 5,770 square kilometers and have an estimated population of 500,000. About 40% of its workforce is foreign
workers; crude oil and natural gas account for nearly half of its gross domestic product.
The Royal Brunei Police (RBP), founded in 1906, is one of the oldest institutions in the country. It was officially established in
1921 and was renamed Royal Brunei Police in 1965. Since independence in 1984, the RBP has been headed by the Monarch, who
is the General Inspector of Police.
Directly subordinate to the Monarch is the Commissioner of Police, who manages the RPB headquarters, assisted by a Deputy
Commissioner of Police and Secretariat. The office includes five (5) main departments: Administration and Finance, Operations,
Criminal Investigation and Intelligence, Logistics, and Traffic Control. Directly subordinate to the Commissioner are
Commanders of six (6) Regional Police Districts.
BRP's official Mission is, "To maintain law and order in accordance with powers conferred by any written law of the land in most
professional manner". Entrance age in BRP is 18 years old and retirement age is 60 years old. The minimum physical
requirements is not less than 5' 6" in height for male, and not less than 5'4" for female. Moreover, male should weigh not
exceeding 60kgs, and for the female, not exceeding 55kgs. Academic requirement should be at least Brunei Junior Certificate of
Education (BJCE).
Training period is nine (9) months, involving the study of Brunei law, physical fitness, and arms and feet drills. The posting is
after gaining three (3) year-probation, with 12-16 weeks of refresher course thereafter.
Ranking System
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Inspector
Probationary Inspector
Cadet Inspector
Sergeant Major
Staff Sergeant
Sergeant
Corporal
Lance Corporal
2. CAMBODIA
Cambodia, in Southeast Asia, is bordered by Thailand, Laos, and Vietnam. It has an area of 181,040 and have an estimated
population of 15 million. It was a French protectorate from the mid-19th century on and struggled against colonial powers from
the time of the Second World War until 1953, when France granted it independence. Although
Cambodia was independent, Vietnamese forces used the eastern part of the country as a base for operations in the 1960s, result in
air attacks from U.S. forces. Cambodia is a monarchy until it was deposed in mid-1970 leading to a 5-year Khmer republic. A
major tragedy in Cambodia's history was POI Pot's 3-year totalitarian reign of terror, form 1975-1978, during which more than I .7
million Cambodians were killed.
When POI Pot's regime was displaced by invading Vietnamese forces, over half million people fled toward Thailand, creating a
humanitarian disaster. However, upon the Vietnamese's withdrawal and commencement of negotiations, the United Nations
The police force in Cambodia was created in 1980, naming it People's Police of Cambodia with a mandate of securing cities and
towns, keeping the peace, and pursuing justice for citizens. Its main priority however, is to secure urban areas and tracking down
enemies within its territories. Like the military, they are heavily armed and battle ready.
on July 14, 1994, the military created a gendarmerie, the military Police (MP). In addition to policing the military, the MP's duties
included enforcing law and order for civilians. This new force was well trained and disciplined, and its organization was rigidly
structured. The MP gained popularity, and people started to turn to the MP for assistance and to report crime. Due to the division
of policing authority, competition ensued between the agencies over who should have responsibility for a civilian enforcement. In
2002, the government ended the PM's law enforcement role over civilians.
At present, the National Police of Cambodia under the Ministry of Internal Affairs is the sole policing authority in Cambodia. It is
organized into six (6) central departments and four (4) autonomous units.
The central departments are: security, transport, public order, border, administrative and judicial. And the autonomous units are:
Interpol Unit, headquarters Unit, Intervention Unit, and Drug Enforcement Unit. Its mission is to work together to serve and
protect the people.
The National Police of Cambodia is headed by a Commissioner General who holds a rank of General. Entrance age is 23 to 36
years old, high school graduate, 5'5" in height for male and 5'3" for female. They are retired at the age of 65 years old. Moreover,
their mode of selection is family based which means that priority is given to applicants with parents of either father or mother is
serving in the Cambodian police force. Recruits undergo rigorous combat training in Cambodian police camps.
Ranking System
General
Lieutenant General
Major General
Brigadier General
Colonel
Lieutenant Colonel
Major
Captain
Ist Lieutenant
29
2nd Lieutenant
Chief Warrant officer
Warrant officer
Sergeant Major
First Sergeant
Staff Sergeant
3. INDONESIA
Indonesia is the world's largest archipelago, composing 17,000,440 islands over kilometers between the Indian and North Pacific
Oceans. Its population is estimated at 24() million. It was a Dutch colony that was occupied by the Japanese during World War Il.
After the war, a strong independence movement finally succeeded in gaining independence from the Netherlands in 1949.
The Indonesian National Police (Polisi Republik Indonesia as POLRI) from the 1960s until 1998 was a branch of the Armed
Forces, reporting to the Ministry of Defense until it was separated from the military in 1999. Presently, the POLRI is a centralized
national bureaucracy directly under the office of the President. It is headed by the Chief of Indonesian National Police with the
Rank of General, who is assisted by subordinate commanders deployed in formulations and throughout the country.
Geographically, it is divided into Regional Commands called Polda, which reported to territorial headquarters. The Poldas are
further subdivided into Districts called Polres, Subdistricts called Polsek, Community Police office called Polmas in the village
levels. The capital Jakarta however, has its own districts with subdivisions into precincts, sections and police posts.
Operationally, it is divided into departments for intelligence and security (INTEL-PAM), criminal investigation (RESERSE),
patrol SAMAYTA), traffic LANTAS), and community guidance (BIMMAS). These units are reinforced by air, marine, a
paramilitary unit (BRIMOB) and technical services
30
4. LAOS
Laos is located in the heart of the Indochinese peninsula in Southeast Asia, bordered by China, Myanmar (formerly Burma),
Thailand, Vietnam and Cambodia. The country covers a total of 236,800 square kilometers, 75% of which is mountains and
plateaus. The capital and largest city is Vientiane. The country is divided into 16 provinces. It remains extremely poor; with 85%
of the population relying upon subsistence agriculture.
Laos remains governed by one-party communist rule. Although in 1986 the government began to adopt market-based economic
policies, there is general reluctance to embrace far-reaching reforms.
The mission of the Royal Lao Police is to ensure nationwide security social order and prevention, detection and investigation of
crime. There are not formal educational requirements for entry to the police service but it is open graduates. Recruitment and
selection procedures are managed by police forces at a local level, although a nationally agreed competency-based framework is
applied. Training is 12 weeks or 3 months.
Ranking System
Major General (Director of the Royal Lao Police)
Brigadier General
Colonel
Lieutenant-Colonel
Major
Captain
1st Lieutenant
2nd Lieutenant
Sergeant Major
Master Sergeant
Sergeant I st Class
Staff Sergeant
Sergeant
Corporal
Patrolman 1st Class
5. MALAYSIA
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Malaysia is located on the southern part of the South Asian peninsula (between Thailand and Singapore), as well as on northern
third of the island of Borneo (bordering Indonesia and Brunei). It has a total area of 329,750 square kilometers and a population of
about 25 million, of whom two thirds live in the lowlands of Peninsular Malaysia.
Malays, who are Muslim by constitutional definition, are politically dominant. The second ethnic group is Chinese, who make up
approximately 25% of the population. Finally, 7% of the population are Indians. The population on North Borneo consists of more
than 50% indigenous ethnic groups. European forays into southeast Asia began with the Portuguese conquest of Malacca, and the
region traded hand back and forth between the Dutch and British before being united as the Colony of the Straits Settlements in
1824 (comprising Malacca, Penang and Singapore).
Territories in the South Asian Peninsula negotiated independence from the British in 1948 as the Federation of Malaysia; they
were joined by the former colonies of Singapore, Sarawak, and Sabah (North Borneo) in 1963. Singapore withdraw from the
Federation in 1965 and became independent.
At present, Malaysia is a federation of 13 States and 3 Federal Territories; the federal government remains responsible for internal
security. It is a constitutional Monarchy, with Islam as the state religion, but Kings are elected to 5-year terms from the sultans of
the peninsular States. Prime Ministreas are chosen from and by the majority party in the lower house of Malaysia's bicameral
legislature. Much of the administration, including the legal system, was inherited from British Common Law.
In British colonial times, each State had its own police force. As the impetus for independence grew, the different forces united,
and the first federal police force in Malaysia was created in 1946. The Royal Malaysian Police was officially established at the
time of independence in 1963.
The RMP is subordinate to the Ministry of Home Affairs and is headed by an Inspector General who reports to the Minister. Work
of the police is also supervised by the Royal Malaysian Police force Commission (RMPFC), chaired by the Home Minister but
with the participation of other relevant officials, including the Inspector General.
The RMP is highly centralized; each of Malaysia's 13 States has a force that is subordinate to the federal-level RMP. At the
federal level, four directors who have the rank of Commissioner of Police control the Management, Criminal Investigation,
Organization
1. Management Department tasked with routine management and administration affairs of RMP. The nerve center of the RMP
and act as support service platform for the rest of the force.
2. Logistics Department — Provide several equipment needed by the RMP.
32
a. General Operation Force — The paramilitary of RMP which provides VIP security. b. Police
Counter Terrorist Unit:
b. 1. Pasukan Gerukan Khas — major elite force of RMP under the command of senior assistant commissioner
Il.
b.2. Unit Gempur Marine (UNGERIN) — handle threats and attacks in national waters.
c. Federal Reserve Unit (Pasukan Sumpanan Persekutuan) — suppresses and dismisses riots and illegal assemblies. Also, task
with Public Control; Response with pre and post chemical, biological, radiological, and nuclear threats; Disaster Rescue
Assistance; Crime Prevention; and Massive Operation. d. Implementation System — assigned to patrol, and equipped with
CCTV system. e. Mounted Police Unit
f. Traffic Branch
g. Marine Operation Force — tasked with maintaining law and order and coordinating search and rescue operation in Penang
and Johor.
h. Malaysian Control Center
i. Royal Malaysian Police Air Unit — look after national security through surveillance and patrol from the air. Recruitment
and Training
Applicants can enter the police force at three levels: as Constable, Probationary Inspector, or assistant superintendent. Constable
are required to be Malaysian citizens between the ages of 18 and 28 years, they must have secondary education. And they must be
in good physical shape. Candidate recruits attend 6 months of training at the Police Training Center in Kuala Lumpur. Those who
otherwise meet the requirements who have a diploma or high school education certificate can be candidates for probationary
inspectors. A Bachelor's Degree is required to enter as an Assistant Superintendent. Candidates for these positions also attend the
6 months of training at the Police Training Center, but are given an additional 3 months of
advanced training at the royal Malaysian Police College.
Ranking System
6. MYANMAR
Myanmar is squeezed between India and Bangladesh to its west, and China, Laos, and Thailand to its east. Myanmar, formerly
Burma, occupies 678,500 square kilometers along the Bay Bengal, and has an approximate population of 45 million people. As
part of India until 1937, it was British Colony until 1948. Thus, created modeled on British precedent. Burma's military rulers
changed the country's name to Myanmar in 1989; this name change was not recognized by the democratically elected parliament
and has not been universally recognized by other countries.
Formally known as the People's Police Force in 1995, Myanmar Police Force was established in 1964 as an independent
department under the Ministry of Home Affairs. It is commanded by a Director General, whose rank is major general. His deputy,
who holds the rank of Brigadier General, is responsible for command, control, and supervision of the police throughout the
country.
Administrative Structures
33
Headquarters
State and Division Police Forces
Special Forces consisting of Special Branch and Criminal Investigation
Department, Railways Police Department, and the City
Development Department
Training Centers
Reserve Units
Police Battalions
There are 14 State and Divisional Police Forces and three additional State/ Division Police Forces which are commanded by
Police Colonels. Divisional Police Forces are then divided into District Police Force which may be Class A, commanded by
Lieutenant Colonel and Class B, commanded by Police Majors. Township Police Force is commanded by Police Captains, and
Police Stations commanded by Police Lieutenants.
Police Battalions are specialized units offering security in urban areas where unrest threatens public buildings. They directly
report to the Police General Director Entrance age is 18; 5'6" in height for male and 5'4" for female; 65 kilograms for male and 56
kilograms for female. Recruits shall undergo trainings on the following training centers with their corresponding duration period
Training Centers
2. No. 1 Police Training Depot which undertakes Basic Training Course for Police Sergeant for 2 years; Warrant officer and
Police Sergeants Course for 12 Weeks; and Basic Training Course for Constables for 6 Months.
3. No. 2 Police Training Depot which conducts only Basic Training Course for Constables, completed within around 6 months.
7. PHILIPPINES
The Philippines is an archipelago east of Vietnam and north of Malaysia and Indonesia in the Philippine Sea. The islands of the
Philippines cover an area of 298,170 square kilometers and have a population of 120,000,000 people. It was a Spanish colony
until 1898, then ceded to the United States, and became independent in 1946. It is a democratic and republican State, which
administratively divided into provinces, cities and municipalities. Some provinces are organized into geographical regions.
The history of the police forces of the Philippines can be traced during the reigns of the Pre-Hispanic Lakans, Datus and Sultans in
the Islands, which it was divided into political units called the Barangay. Each barangay was headed or ruled by a Datu whose
responsibility, aside from exercising all the powers — executive, legislative and judicial was to maintain peace and order within
his jurisdiction. The Datu designated from among his warriors a chief warrior who, together with some subordinates were charged
with the duty to enforce the decrees, customs and traditions as well as practices and usages. The chief warrior was then in effect
the chief of police. When the Spaniards came, personnel of the Spanish Army and local militias were tasked with policing duties
in local communities. Also, local branch of the Civil Guard was officially established. Starting from a single division, during the
Revolutionary period it grew into a corps of military police with detachments in Luzon and the Visayas.
34
With the beginning of American rule and the Philippine-American War, the Philippine Constabulary was established in 1901 as
the national gendarmerie force for law enforcement, directly reporting to the American government. At the same time, what is
now the Manila Police District came into existence as the nation's first city police force.
By virtue of Republic Act 6975, the Philippine National Police (PNP) came into existence under the National Police Commission.
The PNP is national in scope and civilian in character, being a community and service oriented agency responsible for the
maintenance of peace and order and public safety. It was organized to ensure accountability and uprightness in police exercise of
discretion as well as to achieve efficiency and effectiveness of its members and units in the performance of their functions.
1. National offices
Designation Rank
Director, DPRM Director with the rank of Police Major General or Police Brigadier General Director, HRDD Director
with the rank of Police Major General or Police Brigadier General Director, Logistics Director with the rank of Police
Major General or Police Brigadier General Director, Research and Director with the rank of Police Major General or
Police Brigadier General Development
Director, Comptrollership Director with the rank of Police Major General or Police Brigadier General Director,
Intelligence Director with the rank of Police Major General or Police Brigadier General Director, Operation Director with
the rank of Police Major General or Police Brigadier General Director, Plans Director with the rank of Police Major
General or Police Brigadier General Director, PCR Director with the rank of Police Major General or Police Brigadier
General Director, Investigation & Director with the rank of Police Major General or Police Brigadier General Detective
Management
Director, Integrated Director with the rank of Police Major General or Police Brigadier General Police Operation
Director, Info. & Director with the rank of Police Major General or Police Brigadier General Communication Technology
Management
1. Maritime Group
2. Intelligence Group
3. Police Security and Protection Group
35
4. Criminal Investigation and Detection Group
5. Special Action Force
6. Aviation Security Group
7. Highway Patrol Group
8. Police Community Relation Group
9. Civil Security Group
10. Crime Laboratory
1. Other:
Designation Rank
Inspector-General Police Major General or Police Brigadier General
2. Regional offices
Designation Rank
NCR Director Regional Director with the rank of Police Major General NCR District Director District
Director with the rank of Police Brigadier General (5Districts)
Regional Directors, all Regional Director with the rank of Police Brigadier General Regions
3. Provincial offices
Designation Rank
Candidates for the PNP must be Philippine citizens of good moral conduct, sound mind and body, and must be a baccalaureate
degree holder, possess eligibility recognized by the National Police Commission. They must meet height and weight
requirements, and must be between the ages of 21 to 30 years old.
on April 12, 2019, President Rodrigo Roa Duterte signed into law Republic Act 11279 that transferred the control of the
Philippine National Police Academy as well as the National Police Training Institute (NPN) from the Philippine Public Safety
College (PPSC) to the Philippine National Police.
Police General (PGEN) Police Executive Master Sergeant (PEMS) Police Lieutenant General (PLTGEN) Police
Chief Master Sergeant (PCMS) Police Major General (PMGEN) Police Senior Master Sergeant (PSMS) Police
Singapore is a small island city-state, occupying 693 square kilometers on islands between Malaysia and Indonesia. Its population
is approximately 5 million people. It was a British colony that briefly joined with Malaysia and then became independent in 1965.
Singapore is one of the most prosperous countries in Asia, with a gross domestic product that rival many Western European
countries. Foreign investment is aided by its largely corruption-free government, skilled work force, and highly developed
infrastructure. Manufacturing
36
(mostly electronics, biomedical and chemical industries) and financial services drive the economy. Singapore also boasts a low
crime rate.
The Singapore Police Force which is under the Ministry of Internal Affairs is headed by a Police commissioner who has a Deputy
and a Director for Special Duties. Six (6) Regional Police Divisions report directly to the Police Commissioner, as do specialized
Units. The Staff Department coordinates administrative functions such as manpower, planning, public Affairs, organizing as well
as encompassing the Criminal Investigation Department, the Police national Service Department, the Operations Department, and
the VIP protection Services.
In Singapore, able bodied male citizens must serve 12 months of national service. Some of them are deployed in the police where
they will be assigned into five functional groups, namely:
1. Key installation
2. Patrol and Neighborhood Post
3. Light Strike force
4. Headquarters Staff
5. Service and support Reinforcement Troops.
Police national servicemen can also be deployed into leadership position. Singapore's police is strongly oriented toward
community service. one of the strategic initiatives to enhance the police's partnership with the community is the Community
Safety and Security Program (CSSP). Projects that are part of this program include care and support programs for crime victims,
youth at risk, and foreign domestic workers, as well as initiatives such as safe drive zones and neighborhood watch zones.
In 2002, a museum of the police, the Police Heritage Center, was opened in Singapore to create an awareness of the genesis,
development and milestones of the police and foster a sense of awareness between the police and the community. It also maintains
archives and records of the police.
Police officers enter the force at the rank of corporal or sergeant, depending on educational qualifications, which must include
passing at least five secondary school exams. A senior police officer's initial rank also depends on education, which must consist
of a college degree.
Likewise, candidates for the force must meet requirements for height, weight, eyesight, and education. Singapore citizens or
permanent residents at least 18 years old. New recruits are trained in a 6-month Police officer basic course at a residential
academy. Recruits undergo physical training, as well as training in weapons used, unarmed combat fighting and basic foot drill.
They are also taught police procedures and regulations, criminal law, and the basics of investigation.
Upon completing the academy, depending on their qualifications, as well as vacancies, officers are assigned to posts in a Land
Division headquarters, neighborhood Police Center, or a Specialized Police Unit. A continuing education program allows police
officers to take course part-time to improve their skills and eligibility for promotion. Eligible officers can be sponsored, and their
registration fees, course fees, and examination fees are paid subject to a service bond upon the completion of their sponsored
courses.
Accountability
Police review is conducted through the police Service Inspectorate Division, which investigates offenses and recommends
corrective action. External review is also available to address complaints through the Corrupt practices Investigation Bureau. This
body, which is part of the prime Minister's office, investigates corruption in both public and private sector.
Community Approach
Since 1981, the Singapore Police Force has carefully shifted from a reactive, incident driven mode of operation to full scale
Community Oriented Police Policing System (COPPS). It has de-emphasized motorized patrolling and emergency response in
favor of intensive community involvement in the establishment of Neighborhood Police Post (NPP).
COPPS Approach — represents a theoretical and philosophical perspective which maintains that for the police to be effective in
today's society, they must enlist the support of the communities they are sworn to protect.
1. NPP are essential bases of operations for patrol, develops community-based crime prevention, and provides non- emergency
services. As well as liaison with communities.
2. NPPs are easy to locate because of their foot-high blue-on- white signs mounted over the front entrance and direction signs
scattered throughout the housing estates.
3. NPP is staffed with about 20 officers: 4 teams having 4 constable and corporals, 4 sergeants, and 1 half time inspector (officer-
in-charge). Teams work 7 consecutive days before receiving time off, rotating through all 3 shifts. New officers are mixed training
course in NPP work.
4. Community Police Strategy is not created as a separate command or division of the police force. NPPs report to the patrol
commanders, and NPP officers focus exclusively on patrolling and community involvement.
5. The prevailing view is that NPP officers must present a friendly image; making arrest from criminal investigation and the
possible use of force should be left to detectives who are not based in local government.
9. THAILAND
38
Thailand was established in the mid-14th century; the Kingdom of Thailand is the only country in Southeast Asia that has never
been taken over by the European power. It has a total area of 514,000 square kilometers, with a population of people. Thailand is
composed 76 provinces and has a bicameral National assembly that consists of the Senate and the House of Representatives.
A centralized police system, the RTP is the primary law enforcement agency in the country, with a long history going back to the
time this country was established. The main revolution of the RTP was in 1932, which formed the current structure of the
organization. The RTP is a militaristic style, service-oriented police organization with a ratio of 1 police officer for every 260
citizens. All of the personnel in the RTP are uniformed police officers. The agency is headed by the Director General, the highest
position in the department answerable to the Prime Minister.
1. Provincial Police — largest operational component, it provides police services to every town and village 2. Border Patrol
Police — paramilitary force.
3. Metropolitan Police — responsible for providing all law enforcement services for the capital city of Bangkok and it suburbs.
Consist of three urban areas: Northern Bangkok; Southern Bangkok, Thon Buri.
4. Central Investigation Bureau national coordinating headquarters which assist provincial and metropolitan.
There are two (2) levels of entry to the police service; a rank and file level and sub inspector level. The sub inspector applicants
with a high school education receive training provided by the Police Education Bureau and become rank-and-file police officers,
whereas those with a college degree receive training provided by the Police Cadet Academy and become sub inspectors. The cadet
in the Police Academy are students who finished grade 10and studied in the Pre-Cadet school for 2 years with the army, Navy and
Air force Cadets, followed by a 4-year course in the academy. After graduation, the cadets receive a bachelor's degree and start
their career at the sub inspector level. No entry is allowed beyond sub inspector ranks outside of the agency; thus promotions to
the inspector rank and higher come from within the agency.
The requirements of candidates for police service are Thai citizenship, a male 14 to 18 years of age for a high school applicant, a
male or female 18 to 35 years of age for a college graduate applicant, being of good moral character, achieving the required
educational level, and passing various aptitude tests and a medical examination.
Basic training in the Police Cadet Academy and police school provided by the Police Education Bureau emphasizes both physical
and academic programs. The police schools are located in nine regions correspondents to the provincial Police Regions 1 to 9.
39
The Socialist Republic of Vietnam is located in Southeast Asia, bordering the Gulf of Thailand, Gulf of Tokin, and the South
china Sea, alongside china Laos, and Cambodia. It has an area of 329,560 square kilometers. The capital of this communist State
is Hanoi. The legal system is based on communist legal theory and French civil law. The government consists of executive,
legislative, and judicial branches.
The executive is headed by the president, who is elected by the National Assembly from among its members for a 5-year term.
The prime minister is appointed by the president from among the members of the National assembly; deputy prime minister is
appointed by the prime minister.
The legislative branch consists of a Unicameral National Assembly, with 498 seats. The members are elected by a popular vote to
serve 5-year terms. The judicial branch is headed by the Supreme People's Court, whose Chief justice is elected for a 5-year term
by the National Assembly on the recommendation of the president.
Law Enforcement
Vietnamese legal thought with regard to the treatment of criminals is the result of three major influences: Classic Confucianism,
the Napoleonic Code and Marxism-Leninism. Confucian concepts postulate that society is to be governed not by law but by moral
men and that crime is a symptomatic of an absence of virtue that engenders conflict and disharmony. Most importantly it provides
no principle of judicial administration. In Imperial China, justice was an interpretation of the moment by the emperor and his
mandarins, meaning that in every instance imperial will was superior to the law.
The spirit of the law the French brought to Vietnam was that guilt should be determined by fair and impartial means and should be
assigned appropriate punishment. Marxism-Leninism added to this attitude the perspective that crime is a reflection of
environmental factors that victimize the individual by turning him into criminal. The proper for this condition is to eliminate the
causal factors while rehabilitating the criminal.
The combination of the three legacies has produced Vietnamese society a legal philosophy that is inquisitorial rather than
adversarial, seeking reform rather than punishment. The system imposes on the individual and the State the responsibility of
bringing all members of society to a condition of self-imposed moral rectitude in which behavior is defined in terms of collective,
rather than individual good.
The PPSV is the main police and security force of Vietnam. It is a part of Vietnam People's Armed Forces. It is under the control
of Communist Party of Vietnam. The PPSV has two branches: The Vietnam People's Security whose mandates are to prevent,
investigate, and defeat potential against enemies of the Vietnamese nation and that can endanger national security; intelligence
work; joining forces in internal political security,
Vietnam People's National Police Force, whose duties are to prevent, investigate and solve environmental, political, traffic,
functional and corruption- related criminal activities in keeping with the laws of the Socialist Republic; working with the general
public on crime prevention and in participations in its actions; perform responsibilities and duties pertaining to identification
security, public security, transport security, road and highway safety, civil defense, and disaster preparedness and response; and
execute other duties and mission in accordance with the constitution and the laws of the Socialist Republic of Vietnam. These two
forces are trained mainly at two institutions. That is, the People's Police Academy and the People's Security Institute of Vietnam.
Organizational System
Ranking System
Higher Ranks
Middle-Ranks
Non-Commissioned officers
• Sergeant Major
• Sergeant
• Corporal
Enlisted Personnel
41
TEST #4
REVIEW QUESTIONS: CHAPTER 4
42
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
The current system of law enforcement in the United States is as complex as it is varied. In many ways reflecting the tensions
between the crime control and due process models, as well as an overriding fear of too much power being placed in the hands of a
centralized, federal law enforcement entity. Representing the largest segment of the criminal justice system, it has over 1 million
employees. Contemporary law enforcement agencies operate in a variety of levels within local, state, and federal jurisdictions, or
areas of responsibility. Although the boundaries across levels would appear to be straightforward, since each enforces the laws of
its respective level, in practice the boundaries often are more of a gray tint than a black-and-white tone.
There is no direct order of authority with respect to these jurisdictions. For example, in most cases federal law enforcement cannot
exert authority over local matters unless requested to do so by local authorities. Each level of law enforcement has its own
jurisdiction. These difficulties are further fueled by the territorial nature of many law enforcement agencies.
1. Municipal Police. These include village, township, city and county police departments, sheriff departments, and a variety
of special purpose agencies like transit authority and housing authority police. Typically, it has general policing duties
for their respective jurisdiction.
a. County Sheriff office — has jurisdiction over large areas and in charged with the operation of a county jail, civil functions such
as service of eviction notices and other court orders and police responsibility.
b. City Police — most common local police organization. It has jurisdiction over matters that occur in an incorporated
municipality.
a. Legislative Style — rely upon the formal criminal law as a definition of not only what situations merit their attention but in
what manner they should intervene. It is characterized by offices who issue many citations and make asserts.
b. Service Style – treat every citizen complaint as requiring police response. It is characterized by many police citizen contacts
but relatively few citations and arrest.
c. Watchman Style — exercise considerable discretion in defining whether a situation requires police response and what that
response should be. It is characterized by
fewer officer-initiated contacts with citizens. It emphasizes the peacekeeping function of policing.
2. State Police. Highway patrol who are typically given the task of regulating traffic and maintaining order and safety on state
federal highways. In many States, part of its broader mandate is providing general police service to people living in
unincorporated areas. Special investigative agencies that concentrate on statewide law enforcement is also one of the State Police's
functions.
3. Federal Police. Police agencies supervised by the federal government at the national level, which most of these have limited
responsibilities and do not provided general police service to citizens. Some Federal Agencies having certain Police Functions:
A. Protection of Life, Property and Enforcement of Penal Statutes
44
(1) The Federal Bureau of Investigation (FBI — Department of Justice) — It investigates all violations of Federal Law except
(1) Intelligence Unit of the Bureau of Internal Revenue (Dept. of Treasury) concerned primarily with the investigations of
violation of income tax laws.
(2) Alcohol Tax Unit of the Bureau of Internal Revenue (Dept. of Treasury) investigates violation of internal revenue laws
relating to liquors.
(3) Division of Investigation and Patrol, Bureau of Customs (Dept. of Treasury) investigates smuggling activities and
enforces customs and navigation laws.
4. Tribal Agencies. At present, 556 tribal entities in 31 states are recognized by the Bureau of Indian Affairs (BIA) as native
American Tribes. More tribes are located in the Southwest than any other area of the Unites States, and the largest of these is the
Navajo Nation in Arizona, Native American tribes are unique in that they are self-governed.
5. Private Police. Secure additional police protection to private entities by employing sworn public police officers through a
contract when they are not officially on duty for their public employees.
Minimum educational qualification for a police officer in various cities, county and state agencies is High school Diploma, or at
least some college credits, or if necessary, College degree. Be at least 21 years of age, have a driver's license, or be eligible for
one, have no prior felony convictions, and pass a written exam, medical exam, and interview, physical agility test and
psychological screening.
45
The United Kingdom of Great Britain and Northern Ireland (UK) consists of a group of islands situated off the western coast of
Europe. The UK is the union of England, Scotland, Wales and Northern Ireland, with English being the official language. As
earlier stated, only the policing of England will be discussed because of the legacy it left to the modern policing system. Likewise,
The population of the UK is in excess of 60 million people, and the capital city is London in the south. More than 90% of the
inhabitants are of European ethnic origin, with the other main minority ethnic groups being Afro-Caribbean, African, Indian,
Pakistani, Bangladeshi, and Chinese. In religious terms, the UK is predominantly Christian, but there are also large communities
of Muslims, Hindus, Jews, and Sikhs.
Unlike many other countries, the UK has no written constitution. From the 10th century onward England has had a single crown,
with her majesty Queen Elizabeth Il as current head of State. Parliament has been in existence since the 13th Century, and since
the 18th century legal power has rested with parliament rather than the Monarchy.
Parliament today consists of: House of Lords — the upper chamber with both hereditary and life peers; and the House of
Commons — the lower chamber with elected members. The executive is led by the Prime Minister and Cabinet, with
Parliamentary elections being held at least every 5 years. The derivation of English law is a combination of common law and
statute. Whereas the former has developed over time from the decisions made by judges, the latter is where Parliament passes
legislation.
Early forms of policing in England were localized and unsystematic rather than centralized or systematic. In Saxon England, for
instance, family groups belonged to tithing, who policed their local kinships. The Norman invasion of 1066 led to a little central
control. The offices of Constables were established and these were seen as local representatives of central government. In contrast
to modern times, these early constables were part
time and often unpaid.
In 1285, the Statute of Winchester rationalized the system of "Watch and Ward" in towns. The Justices of the Peace Act of 1361
made new magistrates responsible to the crown for local law enforcement. This localized and unsystematic policing was seen to be
inadequate, however, in dealing with new problems, such as rioting — and indirect consequence of a more industrial and
urbanized 1 7th century society. During this period, self
policing was common in the local people tended to hire their own street patrols and prosecuted those who had offended against
them. In addition to this, private policing was common, in the sense that large companies had their own police.
The Fielding brothers (Henry and John) were key advocates of reform in terms of their establishment of an early police force, the
Bow Street runners. In 1829, home Secretary Robert Peel introduced the Metropolitan Police Act. The force was uniformed and
emphasized on patrol. Several reforms were made resulting to the creation of three types of police forces, viz: the Metropolitan
Police in London, County Forces, and Smaller Borough Forces. In modern times, Borough Forces ceased to exist.
Police Accountability
Metropolitan Police follows what they referred to as the Tripartite structure of policing. As a mode of governance, this structure
consists of power sharing arrangement between the Home Secretary of the Central Government, Chief Constables of Individual
Forces and Police Authorities.
The Home Secretary could make regulations governing pay and conditions of service, could approve certain equipment for police
use, and could approve the appointment of Chief officers selected by police authorities. The Chief Constables are made
responsible for the “direct and control” of forces in terms of operational matters; and
Police Authorities are duty-bound to appoint senior officers and to receive annual report in writing from the Chief Constables.
Policing is funded by both central and local government, constituting from the central government and 49% from the local
government.
46
The Metropolitan Police is acknowledged to be founded by Sir Robert Peel. It was affectionally called "Bobbies" and the
integration of River Thames Marine Police Force formed in 1798 and Bow Street Horse Patrol which was organized in 1805. It is
a decentralized police organization under the Ministry of Defense.
Recruitment Standards
Probationer Training
Following the phases of recruitment, a period of extensive training as a probationer constable commences. This ordinarily
includes a residential phase at a regional training center where core policing skills are learned. In addition to this, time is spent
with a tutor constable with the intention that the probationer will gain valuable practical operational experience. This phase is
designed to empower the probationary constable to gradually gain enough confidence to be able to patrol independently. After
further training and assessment of performance, confirmation of appointment to the office of Constable is conformed after a 2-year
period.
47
TEST #5
REVIEW QUESTIONS: CHAPTER 5
Name: __________________________________________________________________ Section: ______________________
Course Subject: __________________________________________________________ Date: ________________________
Learning Objectives:
Australia is an island country of approximately 25 million people located in the southern hemisphere. Previously an English
colony, Australia obtained independence in 1901 and consists of a federation divided into six (6) States — Victoria, New South
Wales, Tasmania, Queensland, South Australia, and Western Australia — and the two (2) Territories-The Australian Capital
Territory (ACT) and the Northern Territory. The division of legislative power and administrative responsibility between the
Federal and State parliaments is governed by Australian Constitution, with the head of State being the British Monarch.
As a former English colony, the Australian legal system is based on English common law with the High Court located in the
federal capital, Canberra — serving as the final court of appeal for both the Federal and State Courts. Policing in Australia has
local and national levels. States have its own local police and territorial services which are mandated to prevent crimes and
maintain public order. They also perform a range of other public function including assisting emergency services. In each of the
State and territory police services, the police are organized according to a strict hierarchy under the control of a Commissioner.
As to its national police service, Australia has the Australian Federal Police (AFP) under the Home Affairs Ministry. Its primary
role is to enforce Federal criminal law, and to act as Australia's international law enforcement and policing representative.
Nevertheless, it provides local policing for the Australian Capital Territory (ACT) and a number of its external territories. In
particular, Australian Federal Police are mandated to prevent and investigate transnational crimes, money laundering, organized
crime, major fraud, drug trafficking and internet-related crimes. Its mission is "To fight crime together and win by providing
dynamic and effective law enforcement to the people of Australia".
Australian police has a ratio of 1 police officer for every 415 inhabitants, and women constitute approximately 30% of all police
officers. Entry qualification vary according to State and Territory, but all police recruits are required to have at least completed
their secondary education before entering the police force. Recruits to the Australian Federal Police (AFP) are encouraged to
obtain some form of University qualification before entry. They are also required to have a confirmation of ability to swim 100
meters freestyle non-stop unaided. Entry age is 18 and retirement is 52.
Training in the Australian police also varies according to State and Territory, with the average training program lasting
approximately 18 months. It is divided between classroom-based instruction at the relevant police academy and periods of on-the-
job training experience. It is competency-based and involves regular feedback and assessment. Course module include law,
evidence, procedure, investigation technique, police powers, intelligence process, defensive skills, firearms and driver training.
49
2. Appointment of ethnic liaison officers
3. Provision of multilingual information about local police services and functions
4. Establishment of sensitivity and cultural awareness training programs for serving officers 5. Establishment of programs
designed to increase the number of officers recruited from ethnic communities 6. Development of community policing programs
specifically directed at the needs of ethnic minorities.
Ranking System
• Commissioner
• Deputy Commissioner
• Assistant Commissioner
• Chief Superintendent
• Superintendent
• Chief Inspector
• Inspector
CANADA
Canada is a confederate of large provinces in North America with diverse geography. Its policing can be best summarized as a
unique blend of British and American models. It traversed the unique cultural, social, and political influences of both France and
England. The Canadian Constitution delegated to the provinces the responsibility for enforcing the criminal law and authority to
make laws in relation to the administration of justice, it also ensured that upon entry into confederation the provinces would create
provincial police services. Thus, many provinces started to establish their own police services such the Manitoba and Quebec in
1870, British Columbia in 1871, ontario in 1909, New Brunswick in 1927, Nova Scotia in 1928, Prince Edward Island in 1930,
and Newfoundland in 1935.
The provinces of Alberta and Saskatchewan broke from this trend by contracting with the federal government to police the region
using the Royal North West Mounted Police (RNWMP). After the end of the service contract, Alberta and Saskatchewan
withdraw from the agreement and created its own police forces. Subsequently, some of the provinces, disbanded their police
forces which were filled up by the Royal Canadian Police which was established pursuant to the authority granted by the Canadian
Parliament. Nonetheless some provinces retained their own provincial and municipal police services.
Organization
The Royal Canadian Mounted Police (RCMP) Is headed by a Commissioner who is under the direction of the Minister of Public
Safety of Canada, and one of the branches of the Federal Solicitor General. In 1996, the RCMP moved toward a more regional
management system under the direction of a deputy commissioner. At present it has a ratio of 1 police officer per 550 inhabitants,
deployed in the four (4) regions, viz: Pacific, Northwestern, Central and Atlantic. It also operates number of specialized
directorates serving the needs of police services nationally, such as:
1. "L" Directorate, which operates crime detection labs across the country offering identification services such as DNA analysis,
fingerprinting, criminal history files, and so forth
2. "V" Directorate, which operates the Canadian Police Information Center (CPIC). Records, vehicle information, stolen property
data, missing person information, and so forth.
3. "P" Directorates, which serves as the international liaison with Interpol and Foreign services While the RCMP have national
jurisdiction, they do not enforce provincial and municipal statutes in the provinces of ontario and Quebec. Entrance age is 19 and
retirement is 50; male applicant must be 5'6" in height and weigh 56 kilograms, female applicant must be 5'4" and weigh 55
kilograms. Educational qualification is Canadian Secondary School Diploma, proficiency in English or French, valid unrestricted
driver's license, and a willingness to carry and use firearms or any other necessary force. Recruits' training is centralized for a
period of six (6) months.
50
There are also, field, in-service and advance trainings to enable the recruits to apply the skills and competencies they learned, to
ensure that their skills are maintained and to develop specialized skills and knowledge designed to achieve a high level of
expertise in a given area of policing. RCMP's mission is to preserve the peace, uphold the law and provide quality service in
partnership with their communities.
• Commissioner
• Deputy Commissioner
• Assistant Commissioner
• Chief Superintendent
• Superintendent
• Inspector
• Corps Sergeant Major
• Sergeant Major
• Staff Sergeant Major
• Sergeant
51
TEST #6
REVIEW QUESTIONS: CHAPTER 6
Name: __________________________________________________________________ Section: ______________________
FRANCE
France is bordered by the Atlantic Ocean, the Mediterranean Sea, and the Alps mountains. It is the largest country in Western
The French policing system is defined by its dualism, with two major national forces and a local police force. The National Police
under the Ministry of the Interior which is the main civil law enforcement agency, with primary jurisdiction in cities and large
towns, the Gendarmerie under the Minister of Defense, with primary jurisdiction in smaller towns and rural and border areas, and
Municipal Police recruited by the Mayor and accredited by the District Attorney.
The two national forces are vested with similar powers but they exercise them over distinct geographical jurisdiction. While the
local police force is vested with authority to enforce local bylaws. Furthermore, the two national police can undertake criminal
investigation at the request of an investigating judge and, it such a capacity, can operate all over the country. This peculiarity
derives from the inquisitorial nature of the French criminal justice system. This heavily centralized policing system leaves only a
marginal role to small municipal police forces.
The French criminal justice system is inquisitorial: A judge is involved from the early stages in the collection and preparation of
evidence by the police. It also entails a secret, written, and noncontradictory procedure in the discovery of truth. Judges exercises
their authority over criminal investigators, and the criminal procedure code specifically states that they can choose to assign a case
either to the National Police or the Gendarmerie investigative units. It also states that if a judge is dissatisfied with the
performance of investigators from one agency, he/ she can transfer the case to the other agency.
Investigators from the National Police and the Gendarmerie are divided in two groups with different legal powers: Judicial Police
officers and Judicial Police Agents. Judicial Police officers are granted full investigative powers after having passed a legal
examination. While Judicial Police Agents include all rank and file police officers, who can undertake basic investigative
activities. Both need delegation of power from the judge to undertake certain tasks such as detaining and interrogating suspects,
entering and searching premises, and seizing assets or intercepting telecommunications. However, certain deeds such as
interrogating suspects and confronting them with witnesses, designating experts, or issuing warrants, cannot be delegated and
must be carried out by the judges themselves.
Finally, French police officers have the power to check the identity and address of individuals who are (a) suspected of having
committed a crime; (b) suspected of preparing to commit a crime; (c) capable of assisting the police in its investigations; or (d)
wanted by the police. A "control of identity" can also be carried out in order to prevent a breach of public order, particularly when
the safety of persons or goods are threatened.
53
The National Police
A General Director who answers directly to the Minister of the Interior head the National Police. Appointed by the Cabinet, the
General Director supervises and coordinates the work of various directorates, which reflects the degree of specialization of the
institution. Each directorate is subdivided into central and local services, the latter being characterized by important variations in
terms of geographical jurisdiction.
Directorates
• Administration Directorates of the National Police. In charge of human resources, logistics, general administration and
finances, as well as procurement.
• Training Directorates. It manages 33 police academies and training centers all over the country. • Central Directorates of the
Judicial Police. Constitute the investigative arm of the National Police and handles most criminal investigations. It deals mainly
with murders, drug trafficking, organized crime, white collar crime, human trafficking, and art of theft. Also called to investigate
in less serious cases. This directorate also houses forensic units and the national Central Bureaus of the Interpol, which centralizes
all requests for information and assistance., including those emanating from the Gendarmerie. • Central Directorate of Public
Security. In charge of maintaining public order in urban areas. It staffs and coordinates the work of police stations all over the
country.
• General Inspectorate. It undertakes control and audit missions of different services, initiates internal investigations of an
administrative or judicial nature, and conducts analysis and forecasting studies. • Central Directorate of General Intelligence. It
1. International Technical Police Cooperation Service. Placed under the direct authority of the General Director. It arranges
bilateral and multilateral cooperation initiatives, manages the career of police attaches and liaison officers posted in 52 permanent
delegation and 40 host police organization in the world. 2. Anti-Terrorist and Hostage Rescue Unit
3. Anti-Drug Coordination Unit
4. A Counter-Terrorism Coordination Unit
5. Anti-Mafia Coordination Unit
on top of its full-fledged officers, the National Police employs Police Aides, usually young people whose contracts are renewed
annually and cannot be extended beyond five (5) years. The recruitment criteria are lower than those of police officers and their
training is shorter, but they wear a police uniform and perform patrol and crime prevention tasks. They are armed with a small
caliber handgun and their legal powers are quite limited.
Recruitment and training of police officers follows a three-tiered system. Although there is a promotion system allowing police
officers to climb the hierarchical ladder, lateral entry is a feature of the French policing system. Applicants can join the National
Police as Constable, Lieutenant or Commissioner Level. There is no diploma prerequisite for the Constable entry examination
although a high school diploma is a norm. At middle
management level, 2 years of college is required. For the Commissioned officer's examination, a minimum of 4 years in university
with a higher-than-average mark is essential. The examinations are very competitive and attract a lot of candidates, since entry in
the national Police guarantees a permanent position.
54
Ranking System
The national Police is divided into three (3) corps, in the of the French Civil Service, in ascending order of seniority. The Corps de
conception et de direction (Conception and Direction Corps) corresponds approximately to the enlisted and non-commissioned
ranks in the military force, or to constables and sergeants in a British- style civil service. The Corps de commandemen et
d'encadrement (Command and Management Corps) corresponds approximately to the lower commissioned ranks of a military
force, or to grades of inspector in a British-style civil police force. Corps de maitrise et d'application
(Authority and Enforcement Corps), corresponds approximately to the higher commissioned officer ranks of a military force, or to
grades of superintendent and chief officers in a British-style civil police force. Presentation in this book however is in descending
line to suit with Philippine study of Police system.
• Major
• Brigadier —chef
• Brigadier
• Gardien de la paix (keeper of the peace)
• Gardien de la paix stagiaire (keeper of the peace intern) 1 st year after school The Gendarmerie
The history of Gendarmerie is intimately linked to the history of France and its monarchy, and as such, it is difficult to date with
precision the origin of this institution. Te law of 1798 and the reign of Napoleon however the Gendarmerie its modern structure
and its reforms never altered the founding features of the Gendarmerie, which was a rural police force operating under the military
command. Gendarmerie is an integral part of the armed forces. Thus, it falls under the responsibility of the Ministry of Defense for
administrative and organic purposes. While administratively part of the armed forces, it is operationally attached to the Ministry of
Interior for its mission within France, and criminal investigations are run under the supervision of prosecutors and judges.
Components
• Departmental Gendarmerie. The generalist component of Gendarmerie which operates police stations in rural and
suburban areas and is in charge of public security, highway policing, police investigations, mountain rescue, criminal
intelligence, river patrol, and youth crime prevention. It also runs air wings in each region.
• Mobile Gendarmerie. Force dedicated to public protest and antiriot policing. It also comprises unit that specializes in
terrorist and hostage rescue operations and the team assigned to the protection of the president.
• Republican Guard. Mounted corps that provides security and honor guards to state institutions and during foreign
dignitaries' visits
55
• Gendarmerie's Institute of Criminal Research. Tasks to develop new scientific and forensic capabilities to support the
work of investigators.
Selection and Training. The Gendarmerie operates 23 academies and training centers. Personnel are recruited under a two-tiered
system of lateral entry. Non-commissioned officers must old French citizenship, be at least 18 years of age, and pass a number of
physical and written exams. The usual education level of recruits is at least a high school diploma. Commissioned officers must
have successfully completed 4years of university education, be younger than 26 years of age, and hold French citizenship. They
must also pass physical and written exams.
Like the National Police, the Gendarmerie also created a position of Gendarme Aides, who are recruited on yearly contracts
renewable up to five (5) times. Due to their military status Gendarmes are not allowed to unionize.
Ranking System
• Army General
• Corps General
• Divisional General
• Brigade General
RUSSIA
Russia is the largest country in the world in term of territory. Its population is about 145 million and the seventh largest
worldwide. It is the largest successor State of the former Soviet Union and administratively is a federation of republics and other
territories. The Russian Federation is made up of 89 constituent parts, or "subjects" which include republics, territories, regions,
federal cities, an autonomous region, and autonomous areas. The relationship between the federal government and its subjects is
still evolving. Initial post- Soviet efforts toward decentralization were reversed in 2000, when President Vladimir Putin combined
geographically related republics and other territories into seven Federal districts. These reforms allowed the Federal government
to exert more centralized influence over subjects of the Federation.
The Ministry of Interior was first established under the rule of Czar Alexander I in 1802 and has been Russia's guarantor for
internal security, order, and stability since that time. The MOI has authority over the majority of government agencies that address
internal affairs, including police forces, criminal investigations, immigration and migration, and internal troops, often likened to a
gendarmerie. It consists of the following departments: Criminal Police Service; Public Safety Police; Investigations Committee
Attached to the ministry of Interior; Federal Service for Economic and Tax Crimes; Federal migration Service; and Internal
Military Forces.
56
These departments address the protection of citizen's rights and freedoms, law enforcement, crime control, and public security and
are supported, inter alia, a logistics service, a human resource department, a legal department, a communications department, an
information and statistics department, educational research institutions of the MOI, as well as social health care services for MOI
employees. of these multiple departments, two services, the Criminal Police Service and the Public Safety Police, taken together,
form of what is today called Militsiya. Established in 1917, the Soviet Militsiya was a standardized police organization, whose
influence extended from East Germany to the Pacific Ocean. The Militsiya was the primary law enforcement body responsible for
social and economic order during 74 years of Soviet rule.
Roles and responsibilities of the Militsiya include preventing and investigating crimes, apprehending criminals, supervising the
internal registration system, maintaining public order, combating public intoxication, supervising those released from prison,
managing prisons and places of detention, and controlling traffic.
The federation and subjects of the Federation have joint authority over maintenance of public order and safety, as well as
management of human resources of law enforcement agencies. Local self-governing bodies are responsible for maintenance and
public order in towns and rural villages. Accordingly, the Criminal Police Service is financed and under the command of the
Minister of the Interior, while authority over and finance of the Public Safety Police are shared by the Minister of the Interior and
the executive power of the appropriate subject of Federation.
There are Militsiya agencies at the Federal and Subject levels. Separate Militsiya departments provide law enforcement services
for the rail, marine, and air transport systems. At the Federal level, the Militsiya is headed by the Minister of the Interior. At the
level of subjects of the Federation, Militsiya forces are led by Republican Ministers of the Interior or by Regional police Chiefs,
who are appointed by the President of the Russian Federation at the recommendation of the Minister of the Interior. At the level of
inner-city districts, cities, and other municipalities, the Militsiya is led by local chiefs, who are appointed Republican Ministers of
the Interior or by the Regional Police Chiefs.
Transport police departments, police departments in closed areas, and police departments for secured facilities are managed by
police chiefs of these departments or directly by the Minister of the Interior. Recruitment and Training Police officers must be
citizens of the Russian Federation between the ages of 18 and 5 years old, have at least a secondary-level education and must be
capable — through physical and professional qualities, physical fitness and health — to carry out the responsibilities of a police
Commissioned police personnel are educated and trained by professional, vocational, and specialized vocational education
institutions of the Ministry of Interior. In 2011, Militsiya was renamed Russian Police under the Ministry of Internal Affairs with
the following ranking system:
Senior Supervising Staff Junior Supervising Staff • Police Colonel Police Senior Sergeant • Police Lieutenant
Colonel Police Sergeant
• Police Major Police Junior Sergeant Private Staff Police Private
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TEST #7
REVIEW QUESTIONS: CHAPTER 7
Name: __________________________________________________________________ Section: ______________________
Learning Objectives:
SWEDEN
The Kingdom of Sweden is situated on the Scandinavian peninsula in the northern part of Europe. With 8.9 million inhabitants
and an area of 449, 964 square kilometers. It has a low population density measuring, 55.9 people per square mile. Sweden has a
national police service, which is responsible to the Ministry of Justice. The police ratio of officers is approximately 1 police
officers per 552 citizens.
The SPA is the central administrative authority for the police in Sweden, responsible for law enforcement, general social order and
public safety within the country. The agency is headed by the National Police Commissioner, who is appointed by the government
and has the sole responsibility for all activities of the police. Although formally organized under the Ministry of Justice, the
Swedish Police is essentially autonomous, in accordance with the Constitution. The agency is governed by general policy
instruments and is subject to a number of sanctions and oversight functions, to ensure that the exercise of public authority is in
compliance with regulations.
National Police Board (NPB). Set up with central administrative and supervisory responsibility for the police service, as well as
the national laboratory of forensic Science. The NBP which is headed by the National Police Commissioner is responsible for the
development of new methods and technological support.
National Security Service and the National Criminal Investigation Department. Mandated to provide investigation and
intelligence support in cases involving criminality with nationwide or international ramifications. Also, in charge of the Police
Local Level
The Swedish police service is organized in 21 independent Police Authorities, which serve the same jurisdictions as the 21
counties in Sweden. The size of Police Authorities varies. The largest authority is Stockholm and the smallest is Gotland.
The police authorities are responsible for policing at the local level, such as responses to emergency calls, crime investigations,
and crime prevention. Their responsibilities also include issuing passports and various kinds of permits and licenses.
The formal requirements that must be met before one can join with the Swedish Police are Swedish citizenship, driver's license,
and the completion of level of education to be accepted at institutions of higher education. Physical and other various aptitude
tests must also be passed. Last the suitability of the applicant is checked in an interview with a group made up of employers and
staff union representatives. After successful completion, they may apply for a post as a police officer in a Swedish police service.
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Ranking System
National Police Commissioner
Police Director
Deputy Police Director
Police Commissioner
Deputy Police Commissioner
Chief Superintendent
Assistant Police Commissioner
Superintendent
Chief Inspector
Inspector
Sergeant
Senior Police Constable
Police Constable
Police Trainee
GREECE - HELLENIC REPUBLIC
The Hellenic Republic (Greece), situated in the southern part of the Balkan peninsula, has a population of approximately 11
million people, an area of 131,940 square kilometers, a rather extended coastline, and numerous islands, the largest of which is
Crete. The capital is Athens, and the official language is Greek. It is a country of homogeneous population, and during late 1980s
and early 1990s, a significant number of economic immigrants arrived in Greece; they now constitute approximately 10% of the
total population.
The first police bodies, Municipal Police and Gendarmerie, were organized in Greece after the country's Independence War (1821-
1827) and operated until 1906, after which the Gendarmerie remained the sole police agency. In 1920, City Police was founded
and operated in fur major cities in the country. Gendarmerie and City Police amalgamated in 1984 into the Hellenic Police (HP),
which is now the country's sole police agency. The jurisdiction of the HP extends to the whole of the country except for Ports and
the sea, which are under the jurisdiction of the Coast Guard.
A specialized armed body, HP has unique hierarchy, ranks and organization. Its primary goal is to maintain public order, security,
and civil defense while assisting Greek Armed Forces in the country's defense. Its ratio is 1 police officer for every 206 citizens.
Women constitute approximately 11% of the total force. They occupy positions up to the rank of Police Major General but tend to
concentrate in the lower ranks.
Hellenic Police's staff consists of police officers and civilians, Border Guards and Special Police Guards. Police officers can be
divided into those carrying out general and those with special duties. General assignment officers serve in all departments and
include specialist. Civilian staff can be divided into permanent staff members and those on contact. Civilian staff members are
primarily assigned administrative duties.
Organization
The Hellenic Police Chief holds the rank of Lieutenant General and is in charge of leading the Force. The Chief reports directly to
the Minister of Interior (formerly minister of Public Order). The Force's hierarchy under the Chief of Police includes: Deputy
Police Chief, Chief of Staff and General Inspector, with the latter also holding the rank of Lieutenant General
Police recruits must be high school graduates, Greek citizens, and 18 to 26 years of age. They also have to satisfy specific height
and body composition requirements, as well as pass health, personality, and athletic tests. A gender quota of 20% for women was
annulled in 2003, and all requirements were unified for both men and women. Depending on scores and personal preference,
approximately 100 recruits are admitted to the
60
School of Police Lieutenants located in Athens; 1,100 recruits are admitted to the country's nine Police Constable Schools located in
various towns and cities around the country. The duration of studies is five (5) semesters for the School of Police Lieutenants and
eight (8) semesters for the School of Police Constables.
During basic training, men recruits fulfill their obligation of mandatory military service. During their training, police recruits receive
salary and medical insurance. After three (3) years of service, any Police Constable who is younger than the age of 35 years can be
promoted to Police Sergeant after passing a set of written examinations and being recommended for advancement by superior
officers. Promotions to other ranks are based either on seniority or merit and are decided by police councils of varying composition
depending on the ranks of officers to be evaluated.
High-ranking police, military, firefighting, and Coast Guard personnel, along with top-level personnel of ministries and civil service
bodies, are trained in the School of national Security in strategic and political matters of national security. The duration of study is six
(6) months. The School of Postgraduate Studies and Continuing Education designs and implements continuing education programs
related to all aspects of police work. The duration of studies varies from 1 to 6 months.
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62
CHAPTER 9
65
TEST #9
REVIEW QUESTIONS: CHAPTER 9
Name: __________________________________________________________________ Section: ______________________
Learning Objectives:
At the end of the chapter, the student will be able to:
• Delve into the policing model in Mainland China, Hong Kong and Taiwan;
• Probe the various policing models of Mainland China, Hong Kong and Taiwan; and
• Discover the history and evolution of the various policing models in Mainland China, Hong Kong and Taiwan.
Law enforcement in China can be traced back to the very first Chinese dynasty, which existed more than 4,000 years ago. The Xia
Dynasty, during the 2100 to 1600 B.C. was created the Si Tu to maintain order by eliminating hate and mediating disputes among
tribal members. This was based on the belief that if people could be friendly to each other, there would be no social disturbances.
In addition, the position of Shi was created to maintain jail and investigate offenses committed by tribal members.
During the Qin Dynasty in 221 to 206 B.C., china became a unified country, and the Qin emperors devoted much attention to the
establishment of a sophisticated law enforcement system in the country. In the capital, an official known as the Zhongwei was
given the responsibility for maintaining law and order. The responsibilities of the Zhongwei included patrolling the city streets to
prevent theft and burglary, investigating criminal offenses and handling emergency situations. During the Han Dynasty in 206
B.C. to A.D. 220, an official known as Xianwei served as the chief law enforcement officer in the capital. Under the Xianwei were
officers known as Xianyu, who performed the daily tasks of patrolling the city streets and apprehending criminals.
A Ting, a security agency similar to today's police station, was established in villages, towns, marketplaces, ports and along the
post roads. To strengthen the law and order at the local level, the Frank Pledge System was also introduced. Under the system,
every five households were group into unit called a Wu. Members of each Wu were given the responsibility of ensuring that no
members of the Wu committed a crime. If one committed a crime, other members were obliged to have the offender apprehended
and brought before the court for punishment. Failure to do so would subject the Wu members to the same punishment as the
offender would have received.
This was continued by many succeeding dynasties for the next 2,000 years. The Qing Dynasty in 1616 to 1911 was the last
dynasty in China history. The law enforcement system of the Qing dynasty bore a great resemblance to the system originated in
the Qin and Han dynasties. Toward the end of its rule, however, the Qing government established a Western-style police system in
China. After the demise of the Qing dynasty, the government of the Republic of China in 1912 to 1949 continued efforts to
develop a police system after the model of Western modern police systems, but the police system established by the Nationalist
government was abolished by the Communist government when it took power in China in 1949.
The police system established by the Communist government was based on the system the Communist Party developed in
revolutionary base areas before it took power over the entire country. The system was a highly centralized one. At the top was the
Ministry of Public Security. Under the Ministry, there were provincial and county public security bureaus. At the grassroots level,
there were numerous police stations.
1. Public Security Police. The largest and oldest components of Chinese Police. Its organizational hierarchy consists of:
a) Ministry of Public Security. Responsible for making nationwide regulations concerning the law enforcement procedures,
recruitment procedures, recruitment standards, training requirements, and promotion criteria. b) Provincial Public Security.
Accountable to the ministry of public security in the provincial level, at the same time, accountable to the provincial government.
c) Grassroots Level Public Security Bureaus. Accountable to both higher level public security bureaus and the people's
government. It also performs duties related to handling of convicted offenders in cooperation with prison police.
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NOTE:
Local Governments are responsible for determining the size of the public force needed in the jurisdictions, and determining the
local enforcement priorities. In addition to its duties, public security police are mandated to supervise offenders serving
community sentences such as probation and parole.
2. State Security Police. Established in 1983, it is responsible to protect state security by preventing foreign espionage, sabotage
and conspiracies. Under the leadership of the Ministry of the State Security, State Security Bureaus are established in all provinces
and some municipalities that have frequent contacts with foreign countries.
3. Prison Police, which is under the leadership of the Ministry of the Justice, is mandated to supervise incarcerated offenders.
4. Judicial Police in the People's Courts.
5. Judicial Police in the People's Procuracies
6. Special Public Security Police. These special police forces are bound by rules and regulation issued by the Ministry of Public
Security, but considered part of and under the direct leadership of their corresponding government ministries.
7. People's Armed Police. Its functions include patrol, maintaining security and order in border areas, guarding high-ranking
government officials and foreign dignitaries and providing security for important government building and facilities. It is under
the joint command of the Ministry of Public Security and Central Military Committee.
Entrance age in Chinese Police is 18 years old, in good health, educational level of not less than high school graduate, willing to
serve as a police officer, no criminal records, have not been expelled from government offices. Qualified candidates must take
competitive examination and selection is based on test scores. Upon recruitment, the newly recruits are required to go through the
I-year probationary period by which they
undergo training in the police academies. only those who have performed satisfactorily during the probationary period and
successfully passed the end- term examinations will be formally hired as police officer.
2. Administrative Supervision. Subject to supervision of the Ministry of Supervision. It receives and review citizen's complaints
against the police. The supervisory agency may either recommend to the police agency that disciplinary actions on the officer by
itself.
3. Internal Supervision. Oversee the legality of law enforcement work of lower level police agencies. It has the authority to
inspect the work of lower agencies and to correct or revoke wrong or improper decisions made by lower level police agencies.
Aside from this hierarchical oversight, there is also an internal supervisory system within each police bureau through an Internal
Supervisory Committee.
4. Citizen's Supervision — Citizens may exercise their right to supervise the police in three ways: a) Make
recommendations and suggestions to police agencies
b) File complaints against the police
c) Bring administrative or civil lawsuits against the police
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Ranking System
General Superintendent
• (Conferred on individuals who hold minister-level government post)
• Deputy General Superintendent
• (Conferred on individuals who hold deputy — minister-level government post) • Superintendent
(first, second, and third grade)
• Inspector (first, second, and third grade)
• Sergeant (first, second, and third grade)
• officer (first and second grade)
HONG KONG
Structure HKPF
Commanded by the Commissioner of Police and assisted by two deputy commissioners; Deputy Commissioner — Operations
which supervises all operational matters including crime and Deputy Commissioner — Management which is responsible for the
Ranking System
• Commissioner of Police (CP)
• Deputy Commissioner of Police (DCP)
• Senior Assistant Commissioner of Police (SACP)
• Assistant Commissioner of Police (ACP)
• Chief Superintendent of Police (CSP)
• Senior Superintendent of Police (SSP)
• Superintendent of Police (SP)
• Chief Inspector of Police (CIP)
• Inspector of Police (IP)
• Probationary Inspector of Police (PI)
• Station Sergeant (SSGT)
• Sergeant (SGT)
• Senior Constable (SPC)
• Police Constable (PC)
TAIWAN
Types
1. Administration Police — generally referred to those who are required to wear uniforms to carry out duties of household visits,
patrolling, raid, guarding, duty officer, and reserves.
2. Traffic Police — primarily charge to keep traffic order, to ensure traffic safety, to prevent traffic accidents, and to smooth
traffic flow.
3. Special Police — those who are responsible for protecting the Central Government, establishing contingent plans and assisting
local and specialized police units in maintaining
public order.
4. Criminal Investigation Police — primarily tasked to prevent and detect crimes.
5. Specialized Police — tasked mainly to protect state-run enterprises and public facilities like railways, highways, airports,
harbors, MRT and Bank of Taiwan.
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Ranking System
• Police Supervisor General
• Police Supervisor Rank
• Police Supervisor Rank Two
• Police Supervisor Rank Three
• Police Supervisor Rank Four
• Police officer Rank one
• Police officer Rank Two
• Police officer Rank Three
• Police officer Rank Four
• Police Rank one
• Police Rank Two
• Police Rank Three
• Police Rank Four
71
CHAPTER 11
ISRAEL AND THE VATICAN POLICE MODELS
Learning Objectives:
Israel is located in the East Mediterranean, bordered by Lebanon, Syria, Jordan and Egypt. The population of Israel is about 7
million. In November 1947, following widespread immigration after World War Il and the holocaust, the United Nations (UN)
approved partition of what was then a British Mandate, into Jewish and Arab States. Israel agreed to the decision and proclaimed
itself a State on May 14, 1948. Following this, the Arabs, who did not agree to the UN partition, waged a war on Israel, but failed
to defeat the new State.
Subsequent periods of armed conflict with Israel's Arab neighbors have never been fully resolved. Terrorist activity has been part
of daily life in Israel for decades — mainly by Palestinian armed groups. Since October 2000, a second intifada (uprising) has
resulted in almost constant fighting between the Palestinian in the West Bank and Gaza Strip and the Israelis; Palestinian armed
groups use terrorist tactics against primarily civilian Israeli target.
Mishteret Yisrael is the civilian police force of Israel, which is highly centralized force since its inception in 1948. Its duties
Organization
Israel Police is a professional force with some 35,000 manpower. There are also 70,000 Civil Guard Volunteers who contribute
time to assist officers in their own communities.
The police are divided into the following main divisional groups:
a. Internal Relations a. Human Resources b. Legal Counsel b. Investigation and Intelligence c. Immigration Control c.
Logistics Support d. Audit and Accounts d. Organization and Planning e. Economic Crimes e. Traffic
f. Public Complaints f. Patrol and Security g. Disciplinary Court g. Community and Civil Guard h. Service
Administration
i. Safety
j. Appeals 3. Regional Districts k. Controller
l. Spokesperson a. Central District b. Southern District
c. Northern District
d. Judea and Samaria District
e. Tel Aviv District
f. Jerusalem District
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4. Operational Units
a. Border Police (MAGAV) — the combat arm of the police mainly serves in unquiet areas — the borders, the West Bank, and the
rural countryside.
b. Yamam (Special Police Unit) — the police elite counter terrorist hostage rescue unit. It is known as the most experienced and
specialized in the world.
c. Yassam — the on-call counter terrorist unit in each district. Originally started as Riot Police, were called upon to assist with
counter-terror operations. The Yassam has sub-unit of Rapid Response Motorcycle Units.
5. Selection, Training and Promotion
on average, more than 1 men and women were recruited to the Israel Police (IP) force each year from 1995 to 2000, the majority for
core duties of patrol work, investigations, intelligence, traffic control, bomb disposal, and the Community and Civil Guard. Some are
recruited to the Border Guard or other branches of the police as part of their compulsory military training after completing their high
school studies at 18. Compulsory military service is 3 years for male and 2 years for female. Some of these continue on to a police
career as regular police officers in the Border Guard or in other units within the police.
Candidates are examined for general suitability and for suitability to a particular area of activity of the IP, and must pass security
clearance, assessments for psychological and physical health, and educational and intelligence testing. All candidates are obligated to
have completed high school and passed the matriculation examination. A new police officer, once recruited, participates in a basic 25-
week training course. A new officer becomes eligible for promotion after 3 years, subject to performance on a proficiency test in
his/her area of work. After another year on the job, the officer can be recommended by his or her commanders to go to the Advance
Police officer's Course, which consists of 4 to 6 weeks of specialized training in a particular field of work.
Also, during the fifth year of service, an officer is eligible to attend a 5 to 10-week Senior Police officer's Course, which, if
completed, enables police officer be recommended for promotion to Commissioned officer status. The Commissioned officer Course
lasts for 30 weeks, and during this training, the officers also take part in academic studies for one semester at Haifa University (for
those who do not have academic degrees). Commanders then receive further specialized training. Promotion from rank to rank is
achieved by seniority, completion of training courses, and individual evaluation — bot by commanders and peers. Police officers
having academic degrees are also recruited to the lowest rank, but can advance to Commissioned officer after approximately one (1)
year of service if they pass the assessment center appraisal and complete the Commissioned officer Course.
3
THE HOLY SEE - VATICAN
The Holy See (Vatican) has a very long tradition of law enforcement. In the period of 1500-1870, the Vatican was the Supreme
Ruler of the Papal States, essentially most of the area north, east, and south of Rome. While there were some interruptions in that
rule (i.e., occupation by Charles V, occupation by Napoleon, the revolution of 1848) overall a complex law enforcement system
was in place for that entire period.
Vatican law enforcement before 1870 was widely studied in Europe and seen as model for all types of policing. The French and
Austro-Hungarian police were particularly adept students, impressed by the skill of Papal police. Living in the Papal States was
grim: the death penalty was applied frequently, and the heavy hand of the law can only be compared to some of the worst excesses
of dictatorship. Law enforcement during this lengthy historical period consisted of numerous tasks:
2. Customs, which had an exhaustive system of customs controls to replenish the always empty coffers of the Holy Father.
3. Intelligence gathering in which the Papal Police routinely intercepted letters and read them, copied those of interest and, often,
changed them. Their main objective was power politics, reducing dissent in the Papal states and eliminating the growing influence
of Austria-Hungary, Spain, and France during most of the 19th century. The Kingdom of Savoy which would unify Italy in 1870
eventually reduced the Papal States to the current, tiny Vatican compound. The ability to break codes was seen as a particular
skill.
4. Religious law enforcement, which was very different from the power politics issue. This evolved from the office of the Holy
Inquisition; and Papal investigators spared no effort in tracking down religious dissenters.
After the collapse of the Papal States, the Holy Father withdrew inside the walls of the Vatican and would not leave again until the
concordat with Mussolini in 1923. The Vatican did, however, retain much of the structure of its police forces that continued with
religious law enforcement as well as aggressive intelligence gathering, always probing for ways to weaken the new Italian state.
After the 1923 Concordat and then again in the Papacy of John XIII, the Vatican disarmed, getting rid of most of its various police
forces as well as armed forces. Intelligence gathering, however, did expand and to this day the Holy see is considered to be one of
the most effective intelligence services on earth, with skills roughly on a par with Britain and Israel. While Intelligence gathering
is not a policing function per se, it was always tightly integrated into internal police structure.
Currently, the Vatican retains two real police forces whose duties often overlap:
1. The Vatican Gendarmes. A group of about 100 Italian men charged with the maintenance of security and order inside Vatican
territory.
2. The Swiss Guards. A group responsible for the personal security of the Pope and for the security of the apostolic palaces. one
of the most complicated parts of policing the Vatican today is the exceptionally absurd relationship with the five principal Italian
police forces. By treaty, no Italian police officers may enter the Vatican unless invited in. They are invited in frequently to provide
74
TEST #11
REVIEW QUESTIONS: CHAPTER 11
Name: __________________________________________________________________ Section: ______________________
75
CHAPTER 12
INTERNATIONAL ORGANIZATIONS AND COOPERATION ON GLOBAL POLICING
AND THE PNP'S PARTICIPATION IN U.N. PEACEKEEPING MISSIONS
Learning Objectives:
1. The League of Nations (Considered to have failed in attaining its primary objective of maintaining international
peace and order especially after the outbreak of World War Il
2. The London Declaration, June 12, 1941.
3. The Atlantic Charter, August 16, 1941.
4. Declaration by United Nations, January 1, 1942.
5. Moscow declaration, October 30, 1943.
6. Dumbarton Oaks Proposal, Washington, August to October 1944.
7. Yalta Conference, Crimea, February 1 1, 1945.
8. San Francisco Conference, April 25 to June 28, 1945, at which delegates from 50 nations unanimously approved the
United Nations Charter which came into force on October 24, 945.
9. on April 8, 1993, the UN General Assembly welcomed Macedonia, its 184th member, into the community of nations.
The UN Charter
The closest to a Constitution that basically governs the relations of international persons. Technically, it a TREATY, a contract
which the parties must respect under the doctrine of "pacta sunt servanda".
Note: Jus Cogens. Is a principle of International Law which provides that the States cannot derogate or deviate from their
agreements.
Purposes of the UN
1. Prevention of war.
2. Maintenance of international peace.
3. Development of friendly relations among the members of the international community. 4. Attainment of
international cooperation and harmony in the actions of nations.
1. General Assembly. Consists of all the organization, each of which is entitled to send not more than five representatives and five
alternates.
Functions:
a) Deliberative— initiating studies and making recommendations for the development of the International Law
b) Supervisory — receiving and considering annual and special reports from another organs.
76
c) Financial — approval and apportionment of the budget.
d) Elective — election of non-permanent members of the security council.
e) Constituent — admission of members and the amendments of charter.
2. Security Council. Key organ in the maintenance of international peace and security. Composed of FIVE (5) PERMANENT
members, namely: CHINA, FRANCE, RUSSIA, the UNITED KINGDOM OF GREAT BRITAIN and the UNITED STATES OF
AMERICA; and TEN (10) ELECTIVE members, elected for two years by the General Assembly.
Functions:
a) Preventive Action — consist of provisional measures to prevent a conflict from worsening, and may involve the deployment of
PEACEKEEPING and/or OBSERVER missions.
b) Enforcement Actions — consist in the deployment of air, sea and land forces, or in the institution of blockade.
3. Economic and Social Council. Composed of fifty-four (54) members elect by the General assembly for a three-year term.
Exerts efforts towards the following:
1. Trusteeship Council. Charged with the duty of assisting the Security Council and the General Assembly in the administration
of the International Trusteeship system.
2. Secretariat. The Chief administrative organ of the UN; headed by the SECRETARY GENERAL who is chosen by the General
Assembly upon recommendation of the Security Council. The SECRETARY GENERAL is the HIGHEST representative of UN.
The Secretary General and his staff are INTERNATIONAL CIVIL SERVANTS.
3. International Court of Justice. Principal judicial organ of the UN. Composed of 15 members who are elected for a term of
nine (9) years by absolute majority vote in the General Assembly and the Security Council.
Functions:
a) Decide contentious cases
b) Renders advisory opinions
Treaty
An international agreement concluded between states in WRITTEN FORM and GOVERNED by INTERNATIONAL LAW,
whether embodied in a single instrument or in two or more instrument and whatever its particular designation.
Process
1. Negotiations
2. Signing of the treaty
3. Ratification
4. Entry into the force
Treatment of Alien
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Expulsion of the Aliens from the Territory:
1. Expulsion/ Deportation. Predicated on the ground that the stay of the alien constitutes a menace to security of state, his entry
is illegal, and permission to stay has expired.
2. Reconduction. Forcible conveying of aliens back to their home state. Ex. Destitute aliens, vagabonds, aliens without
documents and alien criminals.
Extradition - The surrender of a person by one state to another where he is wanted for prosecution or, if already convicted, for
punishment.
1. It is based on consent
2. Under the principle of specialty
3. Any person may be extradited
4. Political and religious offenders are generally not subject to extradition
The International Criminal Police Organization (Interpol) has 191 member countries and is the world's preeminent police
institution in support of organizations, authorities, and services whose mission is preventing, detecting and suppressing crimes.
Interpol's objectives are achieved by providing both global perspective and a regional focus, exchanging information, facilitating
international cooperation, coordinating joint operational activities of
its member countries, and making available police cooperation. The main managing body of Interpol is its Executive Committee.
In 2004, this committee consisted of a president serving a 4-year term, three vice presidents, and nine delegates. Each member
nation has established a bureau that maintains relations with the Interpol General Secretariat located in Lyon France. The national
Interpol bureaus (called National Central Bureaus [NCBs]) transmit criminal information that may be interest to other countries.
The undertake inquiries, searches, and arrests within their own countries that are requested by other countries.
History
The history of Interpol dates from the 1920s. After World War I, Europe underwent a great increase of crime. one of the countries
most affected was Austria, which in 1923 hosted a meeting of the representative of the criminal police of 20 nations to discuss
common problems. This meeting led to the establishment that same year of the International Police Commission (Interpol's
predecessor), which has its headquarters in Vienna. From 1923 until 1938, the commission flourished.
However, in 1938, Austria became part of Nazi Germany, and the commission with all its records was moved to Berlin. The
outbreak of World War Il brought the activities of the commission to a standstill. After World War Il, the French government
offered the International Police Commission new headquarters in Paris, together with the services of a number of French police
officials to form the General Secretariat. The commission was thus revived, although a complete reorganization was necessary
because all its prewar records had been lost or destroyed.
A modern and complete constitution for the organization was ratified in 1956. At the same time, its name was changed to the
International Criminal Police Organization.
Organizational Set-up
1. General Assembly — INTERPOL'S supreme governing body. It makes major decisions on the policy, budget, working
methods, finances and program of activities of INTERPOL. It comprises delegates appointed by each member countries and meets
annually.
2. Executive Committee — Supervises the execution of the decision of the general assembly and the work of secretary general.
3. General Secretariat — Implements decisions and recommendations adopted by the two governing bodies (General Assembly
and Executive Committee) through Secretary General.
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4. National Central Bureaus — Staffed with the countries own police officers. It is designated single point of contact for the
General Secretariat, regional offices and foreign governments requiring assistance, which oversees investigations and information.
5. Advisers — Experts in a purely advisory capacity, who maybe appointed by the Executive Committee and confirmed by the
General Assembly.
Commission for the Control of the INTERPOL's Files (CCF) — This is the independent body whose mandates are: 1.
Ensure that the processing of personal information by the INTERPOL complies with the organization's regulations.
2. Advise INTERPOL on any project, operation, set of rules or other matter involving the processing of personal information; and
3. Process request concerning the information contained in INTERPOL'S files.
Three (3) Core Functions of the INTERPOL
1. Secure Global Police Communication Services (1-24/7) — it provides police around the world with a common platform
through which they can share crucial information about criminals and criminality. 2. Operational Data Services and Databases — it
ensures that police worldwide have access to the information and services they need to prevent and investigate crimes. Databases
includes data on criminals such names, fingerprints, DNA profiles, stolen property such as passports, vehicles etc. 3. Operational
Police Support Services — it supports law enforcement officials in the field with emergency support and operational activities,
especially in its priority crime areas of fugitive, public safety and terrorism, drugs and organized crime, trafficking in human
beings and financial high — tech crimes INTERPOL Notice System
1. Red Notice — based on the national arrest warrants, are used to seek the arrest and extradition of suspects. 2. Blue Notice —
used to seek information on the identity of persons or on their illegal activities related to criminal matters.
Criminal Intelligence Analysis — sometimes called Crime Analysis, the identification of and provision of insight into the
relationship between crime data and other potentially relevant data with a view to police and judicial practice. The Central Task
Analysis is to help officials — law enforcers, policy makers, and decision makers — deals more effectively with certainty, to
provide timely warning of threats, and to support operational activity by analyzing crimes.
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2. Strategic Analysis — is intended to inform higher-level decision-making and the benefits are realized over the longer term.
The intention is to provide early warning of threats and to support senior decision-makers in setting priorities to prepare their
organizations to be able to deal with emerging criminal issues.
The current membership of ASEANAPOL is composed of ten (10) States to wit: 1) Brunei; 2) Cambodia; 3) Indonesia; 4) Laos;
5) Malaysia; 6) Myanmar; 7) Philippines; 8) Singapore; 9) Thailand; and 10) Vietnam.
1. ASEANAPOL EXECUTIVE COMMITTEE - it comprises of Deputy Heads of Delegation attending the annual
ASEANAPOL Conference. It provides a summary repost of the activities of the Secretariat to the Head of Delegation at the
ASEANAPOL Conference.
2. ASEANAPOL PERMANENT SECRETARIAT - Was on rotational basis with member countries taking turn to host the
ASEANAPOL Conference and automatically assume the role of the secretariat for the current year. It is headed by an Executive
Director and he is assisted
1. Harmonize and Standardize coordination and communication mechanism amongst ASEAN police institutions;
2. Conduct a comprehensive and integrative study concerning the resolutions agreed in the ASEANAPOL joint Communiqués;
3. Establish a mechanism with responsibility to monitor and follow up the implementation of resolutions in the joint
Communiqués; and;
4. Transform the resolutions adopted in the Joint Communiqués into ASEANAPOL Plan of Action and its work program.
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