DEVELOPMENT GUIDELINE FOR THE ENFORCEMENT OF THE ANTI-PARTICIPATION IN TRANSNATIONAL ORGANIZED CRIME ACT 2013

Abstract

The objectives of this research are to explore the concept and theories related to the prevention and suppression of transnational organized crime, to analyze related legislations, to examine the related problems, to evaluate the effectiveness of the law, and to provide legal proposals and administrative policy recommendations. According to the study, this Act is mandatory for UNTOC compliance, as it alleviates the burden on state budget management. It is not redundant or contradictory with existing laws. Its legislative measures are well-designed for the purposes. The root cause analysis on the enforcement of this Act clearly indicated that act development according to each of the seven agencies’ mission is possible. The coverage is not sufficient for the specialist agencies and the administrative resources are not properly allocated within the agencies. Most officers do not have a decent understanding in the legislation and need experience and guidance. Coordination between the relevant agencies is also problematic due to the absence of standardized operational guidelines. From the study, the following legal proposals and administrative policy recommendations can be concluded: policy and budget allocation provision are essential for transnational organized crime prosecution; the related laws should be amended to facilitate operations; the agencies’ resource allocation can be improved and a guideline and responsible agency overlooking the entire system should be appointed; international cooperation on the enforcement among UNTOC members is necessary.