International Journal on Criminology Volume 2, Number 2, Fall 2014 | Page 7

Charting Illicit Trade: OECD Task Force In Action
As all experienced criminologists
are aware, we have no choice but to recognise
the mobile nature of organised crime: it
is not a fixed entity but a moving target. Past
data, no matter how methodically gathered,
will give no indication of future criminal developments.
We must predict and prevent,
anticipate and identify these developments
as early and as quickly as possible.
The European Parliament made this
clear in a recent resolution (11/06/2013, op.
cit., note 7), after 2 years of work and with
the help of Italy’s top experts: “In order to
defeat organised and Mafia-style crime... it
is necessary not only to react to such criminal
activity but also to make major efforts
to prevent it...[and conduct] analyses seeking
to identify emerging organised crime
trends.”
Mapping and measuring illicit flows
is clearly crucial yet is also retroactive. In addition,
it is vital that we provide the TF-CIT
with a system of early detection of criminal
threats defined as anything that already
threatens companies and may threaten them
further tomorrow. This is a goal that our
criminologists are able to achieve. They are
naturally at the disposal of the TF-CIT.
Now let us consider the second major
field of work for the TF-CIT: analysing
and taking account of illicit trade and related
challenges for the law.
II–Illicit Trade and the Challenges
for the Law
1. What is �llicit �rade?
Crime detection with regard to illicit
trade is a challenge to the law in
itself as the term initially describes
an unwanted phenomenon in first instance.
Detecting this phenomenon from a criminal
standpoint involves identifying the different
manifestations of illicit trade. Part of this
process is to mention the diverse fields of
activity that range from long-standing practices—such
as the trade in drugs, arms and
cars—to new, lucrative business areas like
the illicit trade in pesticides or medicine.
Organised crime is undeniably spreading
more and more into these new areas. In January
2012, Europol reported that the trade
in illegal and counterfeit pesticides had become
one of the fastest-growing areas of organised
crime within the European Union
(EU), driven by incentives such as the low
risk of detection and the high level of profitability.
If the law wants to “sanction” these
phenomena, it must provide the necessary
tools to do so, with respect to offences under
criminal law, investigative powers under
procedural law and effective legal assistance
for cross-border cases. Tools such as
clear offences and investigative powers have
already been provided in many countries
but, as a general rule, they leave significant
scope for improvement. The problem is
compounded by the existence of contrasting
methods of prosecution between the
28 member states, which makes the fight
against illicit trade more difficult. International
and European legal requirements are
needed to ensure that these tools are provided,
which the member states must transpose
into national law—a process that can
often take several years, which is clearly a
problem.
Since criminal law can only be a
last resort—ultima ratio—in penalising unwanted
practices in a constitutional state,
other areas of the law should not be disregarded.
Trade restrictions must be clearly
defined from a civil and administrative
standpoint, with violations punishable by
fines or criminal prosecution as a last resort.
Any specific cases with regard to illicit
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