Database of Legislation

Participation in an organized criminal group
     Part Two - Chapter VI
     Article 294
     Section 1

    UNTOC Articles

    • Organized Crime Convention

    • Article 5: Criminalization of participation in an organized criminal group
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      Original Text

      Article 294
      Whoever organizes, leads and actively participates in an organization of criminal syndicate which conducts an organized activities of offences or crimes by violence, threat or other means, plays the tyrant in a locality, perpetrates all kinds of evils, bullies and oppresses or cruelly injures or kills common people, and seriously undermines the economic and social order shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

      Whoever from the staff of an organization of criminal syndicate abroad comes to the People's Republic of China to absorb members for his organization shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

      Whoever commits any crime mentioned in the preceding two paragraphs and commits another crime shall be punished according to the provisions of combined punishment for several crimes.

      Whoever from the staff of state organs protects an organization with characters of criminal syndicate or connives at such an organization's committing activities of offences or crimes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.