Participation in an organized criminal group
  • Offences

    • • Agreement to commit a serious crime (conspiracy)
      • Participation in criminal activities of organized criminal group
      • Participation in other activities of organized criminal group
  • Degree of Involvement

    • • Knowledge of aim or activities of the organized criminal group or its intention to commit the crimes in question

New Zealand

Crimes Act 1961

 Section 98A

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

    Participation in criminal gang

    98A Participation in organised criminal group

    (1) Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group—

    (a) knowing that 3 or more people share any 1 or more of the objectives (the particular objective or particular objectives) described in paragraphs (a) to (d) of subsection

    (2) (whether or not the person himself or herself shares the particular objective or particular objectives);

    and

    (b) either knowing that his or her conduct contributes, or being reckless as to whether his or her conduct may contribute, to the occurrence of any criminal activity;

    and

    (c) either knowing that the criminal activity contributes, or being reckless as to whether the criminal activity may contribute, to achieving the particular objective or particular objectives of the organised criminal group.

    (2) For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—

    (a) obtaining material benefits from the commission of offences that are punishable by imprisonment for a term of 4 years or more; or

    (b) obtaining material benefits from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of offences that are punishable by imprisonment for a term of 4 years or more; or

    (c) the commission of serious violent offences; or

    (d) conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of serious violent offences.

    (3) A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—

    (a) some of them are subordinates or employees of others;

    or

    (b) only some of the people involved in it at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or

    (c) its membership changes from time to time.

     
     
     
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