ILLICIT MARKETS Chair: Marc Balcells Chair: Marc Balcells

123 network and narrative interview). Apart demographic data is obtained from the Catalan Juvenile Criminal System and data on arrest is obtained from the police department. The hypothesis of the research is that the process of desistance should be couple with a transformation of the personal network of the young person, in two main aspects: its conventionality -the relevance of law-abiding persons in the network- and the degree in which the network provides emotional and instrumental support to the person. The research wants also to know what the reasons for the change are, considering four main theories: natural desistance (increasing maturity in the transition to adult life); learning theory (new skills and cognitions learned during the supervision by the juvenile criminal system); social support and social control theories (new conventional bonds and support acquired in the transition to adulthood) and cumulative disadvantage theory (structural disadvantage and stigmatization from the criminal justice system as a factor that makes change more difficult).

The main aim of this presentation is to show that there are different profiles in our sample that may be useful for understanding the desistance and persistence of these young offenders.

Four profiles have been identified: the first, more coherent with the theory of natural desistance, includes young persons with the less structural disadvantage, a more conventional network and low bond with parents. The second one, more coherent with the cumulative disadvantage theory, contains young persons with high structural disadvantage and a network of low conventionality, both in peers and in family. In this profile we observe less desistance.

The third profile integrates young offenders with a peer network of low conventionality but parents with high conventionality. Finally, the fourth profile shows a personal network of a very low density and low level of bonds and support. This final profile with low rate of desistance seems also in agreement with social control and social support theories.

Apart from introducing the typology, the presentation will be completed with a qualitative analysis of cases of desistance and persistence in the fourth profiles. This analysis will be based on the semi-structured interviews done to (N=73) of the young offender in the sample in the second wave. The aim of this analysis is to explore the factors and mechanisms of desistance and persistence within the same profile.

2.15 ILLICIT MARKETS

Through using the specific example of fashion counterfeiting, a topic which transcends traditional notions of crime, criminality and the criminal ‘other’, this paper examines people’s interpretations and constructions of crime and furthermore, how this relates to notions of harm. Seeking to challenge the surface level understanding, which is perpetuated by a seemingly continuing demand for counterfeit goods, and consumer survey research, that counterfeiting is viewed, as a ‘victimless crime’ and thus not harmful, this paper argues that the public actually have complex interpretations of crime, and importantly, harm, and this is closely tied into how far these are constructed as ‘serious’. These constructions and interpretations of crime, seriousness and harm and how these are negotiated, are key to understanding the motivations of people in their decisions to consume (or not) counterfeit fashion. Through examining the micro dynamics of consumer motivations and behaviour, it is possible to see how whilst as consumers, we do recognise harm, the nature of living in a consumer society where we are driven by the desire to gain pleasure through leisure and consumption, we have to negotiate harm through a series of justifications and displacement of our ideals and ‘morals’.

0148 - BUYER, BEWARE: WHITE COLLAR CRIME IN THE ART WORLD Marc Balcells (United States of America)¹

1 - John Jay College of Criminal Justice - The Graduate Center, The City University of New York Art crimes are criminally punishable acts that involve works of art. Studies on art crime often implicitly or explicitly assume an illegal art trade, parallel to the regular art trade. The illegal trade supposedly consists not only of organized criminals, but also regular elements inside the regular trade (dealers, collectors, among others). As such, most instances of art crimes involve legal actors at some stage or at all stages of the demand-supply chain. Theories on white-collar crime can help to understand these types of crime. This presentation aims to do that, by applying several theories on art crimes. Furthermore, it will elaborate on the question of how hybrid crimes, where both legal and illegal actors are involved, can best be understood. Cases that will be used are for example the Christie's – Sotheby's price-fixing scandal, the Medici case, the fraud at Drouot auction house (France), and several cases where rogue dealers interface between the international so-called legitimate market and local looting and plundering. The presentation concludes with how to address these particular instances of cases within the art world and the challenges presented in the field of criminal policy.

0149 - EXCAVATING THE ORGAN TRADE: AN EMPIRICAL STUDY OF ORGAN MARKETS IN CAIRO, EGYPT

125 Defined in terms of human trafficking the organ trade is nominally described as a feature of organised crime. Consequently, anti-trafficking measures supported by an ethical discourse prohibiting organ sales has become the focal point of legal intervention, in response to a phenomenon embedded in social, political and economic malaise. Yet, while much has been written about the imminent threat of organ “trafficking” and the urgent need to increase organ supplies, there has been a curious absence of research into the processes and relations that facilitate the exploitation of individuals in organ markets. The reasons why people sell their organs requires a much more rigorous examination than currently afforded in the literature. Re-positioning exploitation in its broader context, this paper examines the link between increased urbanisation, migration patterns, informalisation and the emergence of organ markets. These inter-linkages are explored in the context of Sudanese migrants trading in organ markets in Cairo, Egypt. While this study does not infer a definitive model or pattern of organ trading, it does illustrate some of the myriad conditions, structural arrangements and policy decisions that contribute to an anomic environment, which has fostered a subculture of organ sales, among migrant populations in particular.The experiences of Sudanese migrants demonstrate how a process of social exclusion and economic marginalisation can lead to variable degrees of exploitation manifest, in this instance, in their involvement in organ markets. Linking the organ trade to a narrow conception of crime obscures the structural depths of this issue and ignores the fact that crime does not have a causative function, it is reactive.

0150 - THE EUROPEAN ILLICIT CIGARETTE MARKET: SIZE, ACTORS AND FLOWS Francesco Calderoni (Italy)¹

1 - Transcrime and Università Cattolica

This paper presents the main results of the study The European Outlook on the Illicit Trade in Tobacco Products. The study estimated the size of the illicit cigarette market in 249 areas of the European Union below the national level. The estimates measured the volumes, prevalence, types of products and proceeds of illicit cigarettes.

The study also analyzed the actors and flows of illicit cigarettes through a review of open sources. The results highlight the remarkable differentiation and complexity of the illicit tobacco market in Europe.

2.16 TACKLING CORRUPTION: PREVENTING AND SANCTIONING Chair: Kai. D. Bussmann

0151 - PENAL POLICY FOR CORRUPTION OFFENCES IN BOSNIA AND HERZEGOVINA Srdan Vujovic (Bosnia and Herzegovina)¹

1 - Criminal Policy Research Centre

One of the biggest challenges criminal justice system is facing today is corruption. This article investigates penal outcomes and practices in corruption prosecutions in the country's capital, Sarajevo. All final judgments in corruption cases delivered between 1 January 2005 and 31 December 2011 at both the Municipal and Cantonal courts in Sarajevo were analyzed. Court documents obtained from these two high-level judicial institutions were exclusively relied upon for this study. Defendants were found guilty in more than half of cases analysed (N=60), though suspended sentences were delivered in the vast majority (87%) of these cases.

Sentences of immediate imprisonment, applied in eight cases, averaged six months incarceration. In each of these eight cases, the period of imprisonment constituted the lowest end of the imprisonment sentence range for the offence, and in three of the eight cases, punishments were even further mitigated. Only in four cases were professional restrictions imposed (ie. prohibiting the defendant in engaging in a profession, activity or duty).

Community service requirements were not applied in any of the cases. According to these quantitative findings, Sarajevo's courts are lenient against those convicted of corruption.

Keeping in mind that criminal law is separated from other law branches by accentuated punitivity, and that by inadequate application of punishment, the decisiveness of the whole criminal justice system declines, it is no surprise that, in the field of criminal and legal response to corruption, Bosnia and Herzegovina does not make significant progress. In order to improve described situation justice system must receive a significant attention in the strategic anti-corruption documents in Bosnia and Herzegovina, as object of anti-anti-corruption measures and their implementer. Finally, it emphasises the need for further training for professionals in the criminal justice system about relatively new additions to Bosnia's criminal law (ie. plea bargaining), as well as the need to embed values like professional integrity among actors, specifically prosecutors and judges.

0152 - HIGH HOPES AND INSUFFICIENT RESULTS IN FIGHTING AGAINST CORRUPTION IN HUNGARY

Eva Inzelt (Hungary)¹

1 - Eotvos Lorand University, Faculty of Law, Department of Criminology, Budapest, Hungary

127 programs the results are disappointing. In order to reveal the reasons behind I have conducted interviews and organized focus group meetings with police officers, prosecutors and judges.

During the interviews and the focus group meetings I have collected information concerning different questions such as the way of the notification of the offenses (who reported the incident to the police), the financial, technical and human resources capacity of the institutions of the Criminal Justice System, the cooperation of the organizations, the difficulties of the evaluation of evidences, the problems to prove this type of crime, as well as the opinion of the participants on the Hungarian corruption situation including its latency and the improvement of the legal procedures.

According to the results of the research every segment of the society is involved in corruption.

The acts of petty corruption are interwoven of the daily life of the population. It became evident that the Criminal Justice System can handle the petty corruption cases at least the majority of the cases which are prosecuted belong to this category. Of course, the latency is also very high even regarding the petty corruption. The situation concerning the large-scale corruption is even more problematic considering the number of cases revealed. The law enforcement agencies meet several obstacles in detection and prosecution of such offences.

Especially incidents when politicians are involved make the cases very sensitive. As one of my interviewees said: “The whole political life is interwoven by corruption. The economic and the political powers are in the same hands. The money buys the politics. The institutionalized system appeared in Hungary makes the corrupt players even innocent.” The presence of the state-capture certainly makes the combat against corruption dubious. Typical cases from all corruption categories will also be discussed.

0153 - SUCCESSFUL PREVENTION OF CORRUPTION IN FOREIGN BRANCH OFFICES – THE INFLUENCE OF CULTURAL DIMENSIONS ON EXPORTING WELL ESTABLISHED COMPANY CULTURES.

Kai.-D. Bussmann (Germany)¹; Anja Niemeczek (Germany)¹; Marcel Vockrodt (Germany)¹ 1 - Martin-Luther-University Halle-Wittenberg, Penal Law and Criminology

We used a Web-based survey of 15 major German companies with an international profile to study which are the main factors effectively preventing internal company corruption. Complex analyses revealed that the most important preventive factors were a company culture that promotes integrity along with a strong knowledge of norms and a high level of acceptance for the company anticorruption program. The survey also studied how far German parent companies succeed in exporting their established company cultures and prevention measures to foreign branch offices and subsidiaries. Results showed that cultural dimensions influence the susceptibility to corruption and the preventive effect of single anticorruption measures of companies doing business in foreign countries. Nonetheless, companies do succeed in implementing an effective compliance management system and a company culture that promotes integrity both in their home country and in their foreign branch offices despite the greater obstacles due to the different cultural environment.

0154 - NEW ANTI-CORRUPTION INITIATIVE IN UKRAINE: MAIN OBSTACLES TO EFFECTIVE LAW ENFORCEMENT

Olena Shostko (Ukraine)¹ 1 - National Law University

The purpose of this presentation is to show major developments in the Ukrainian anti-corruption policy after the Revolution of Dignity of 2013-2014. Recent official reports that contain quantitative data on corruption crimes and their trends have been explored. Main legislative novels and law enforcement practice are described. Author discusses the particular problems that arise in activities of criminal justice agencies which problems are connected to slow reforming and employing the same law enforcement officers which had worked under the previous government. Specific examples of influence of the Ukrainian non-profit organizations on current anti-corruption policy will be presented. Author shares her views on how to overcome the gap between the law enacted in the books and the law in action and suggests certain recommendations for improvement of law enforcement policy in Ukraine.

2.17 FORENSIC SCIENCES AND WITNESS TESTIMONY