| Summary: | 博士 === 中央警察大學 === 警察政策研究所 === 107 === Crime patterns have become more complex, involving more participants and increased seriousness and scale of legal infringement. The criminal gang structure has developed into crime organizations. In practice, these syndicates may have a hierarchical organization with a loose structure, but not a strict organizational body; they may also feature a centralized power structure with control over the act distributed between the empowered hierarchies of a syndicate. Because of its unique organizational structure and criminal mode, organized crime poses greater risk and causes more damage worldwide than individual crimes. Organized crime can seriously threaten social order on a global scale, affecting the economic development and even political stability of a country. Such crimes are therefore regarded as global disasters by the international community.
Criminal law in Taiwan adopts a dualistic structural system. However, organized crime patterns are constantly changing and the law has numerous exceptions. Therefore, more emphasis should be placed on whether dominant relationships exist among the elements of crime. Additionally, contributors of the elements of crime leading to legal infringement behavior should be addressed, thereby enabling a clear identification of the structure of organized crime. From this, it can then be inferred that organized crime is a presentation of the multifaceted changes of complex crime, thus forming the basis for a standardized concept of joint principal offenders in organized crime.
Organized crime is a specific pattern of complex criminal acts that can only be recognized through investigation with respect to a particular type of crime. Telecom fraud is currently the type of organized crime that has been challenging for society worldwide. This type of crime pattern has many components and involves distributed collaboration and establishing a separation mechanism for preventing the disclosure of evidence for criminal convictions. To provide victims with legal protection and emphasize the uniqueness of such phase-oriented division of the labor model for organized telecom fraud, we propose that a phasic punishment decision model for the consummation of crime should be adopted to ensure that organized crime groups are subject to criminal liability. In addition, telecom fraud violates both the Organized Crime Prevention Act and meets the criteria of being an offense of aggravated fraud. Hence, the offenders should be convicted and punished under provisions carrying the heavier penalty as per the concept of ideal concurrence of offences.
This study focused on the multifaceted characteristic of organized crime patterns. We describe the structure of organized crime groups, which agrees with certain theories in the field of criminology and includes humanistic considerations expected by the public. Moreover, this research can provide an understanding of the judicial process for people who are convicted of organized crimes, in turn assisting in preventing organized crimes.
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