Participation in an organized criminal group
  • Offences

    • • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
      • Participation in criminal activities of organized criminal group
      • Agreement to commit a serious crime (conspiracy)

Romania

Law No. 39/2003 On Preventing and Combating Organized Crime

 Article 3-10

UNTOC Articles

  • Organized Crime Convention

  • Article 5 : Criminalization of participation in an organized criminal group
  • Article 11 : Prosecution, adjudication and sanctions
  • Article 26 : Measures to enhance cooperation with law enforcement authorities
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

    Original Text

    CHAPTER II

    The prevention of organized crime

    Art. 3. ─ The public authorities and institutions, non-governmental organizations, as well as other representatives of the civil society carry out, separately or in cooperation, sustained activities of prevention of organized crime.

    Art.4. ─ (1) The public authorities and institutions carry out the activity of prevention of organized crime within the Central Group for Analysis and Coordination of activities of prevention of organized crime, which is part of the National Committee for the Prevention of Crime, founded by the Government Order no. 763/2001.

    (2) The Central Group for Analysis and Coordination of activities of prevention of organized crime takes the necessary measures for the elaboration and the periodical update of the National Plan of action for the prevention and combating of organized crime, which shall be approved by a resolution of the Government.

    Art. 5. ─ The Ministry of Internal Affairs, the Ministry of Justice and the Public Ministry shall conduct periodical studies to the purpose of the identifying the causes determining and the conditions favoring organized crime and initiate informing campaigns regarding this phenomenon.

    Art. 6. ─ (1) The Ministry of Internal Affairs, through its specialized structures, shall put together and keep updated the database regarding organized crime, shall monitor and evaluate this phenomenon periodically, taking into account the categories of persons which are part of the organized criminal groups or are connected with such groups, as well as the victims of organized crime.

    (2) Statistic information and evaluation reports shall be made public annually by the General Romanian Police Department, with the approval of the Ministry of Internal Affairs.

    CHAPTER III

    Offences

    Art. 7. ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

    (2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

    (3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses in one action shall be applied.

    Art. 8. ─ The initiating or constituting or joining or supporting in any way a group, to the purpose of committing offenses, which is not, according to the present law, an organized criminal group, shall be punished, as the case requires, according to art. 167 or art. 323 from the Criminal Law.

    Art. 9. ─ (1) The person who, while committing one of the deeds stipulated in art. 7 paragraph (1) lays information against the organized criminal group, before it has been discovered and before the grave offense that is the purpose of this group is committed, shall not be punished.

    (2) The person who has committed one of the deeds stipulated in art. 7 paragraphs (1) or (3) and who, during the criminal investigation or the trial, lays information and facilitates the identification and prosecution of one or more members of an organized criminal group, shall enjoy the reduction to a half of the limits of the punishment provided by the law.

    Art. 10. ─ (1) The offense of receiving and concealing stolen goods, stipulated in art. 221 from the Criminal Law, if the goods are a result of a grave offense committed by one or more of the members of an organized criminal group, shall be punished by prison from 3 to 10 years. Still, the sanction applied cannot exceed the punishment provided by the law for the grave offense from which the goods concealed resulted.

    (2) Concealment committed by a consort or a close relative shall not be punished.

     
     
     
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