законодательной базы данных

Участие в организованной преступной группе

    Статьи КОП ООН

    • Конвенция против организованной преступности

    • Статья 5: Криминализация участия в организованной преступной группе
    • Статья 2: Термины
    • Протокол о торговле людьми

    • Протокол о незаконном ввозе мигрантов

    • Протокол об огнестрельном оружии


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      General Provisions

      Art. 1. –The present law regulates specific measures for the prevention and the combating of organized crime at a national and international level.

      Art. 2. - In the present law, the terms and expressions below have the following meaning:

      a) organized criminal group- is a structured group, formed of three or more persons that exists for a period of time and acts in a coordinated manner to the purpose of committing one or more grave offenses, in order to obtain directly or indirectly a financial benefit or another material benefit. An “organized criminal group” is not the group formed occasionally to the purpose of immediately committing one or more offenses and which has no continuity or definite structure or pre-established roles for its members inside the group.

      b) grave offense- is that offense which is part of one of the following categories:

      1. homicide, second degree murder, first degree murder;

      2. illegal deprivation of freedom,

      3. slavery;

      4. blackmail;

      5. offenses against patrimony, which have brought about particularly grave consequences;

      6. offenses regarding the trespassing of regulations regarding weapons and ammunition, explosive substances, nuclear substances or other radioactive substances;

      7. coinage forgery or forgery of other values;

      8. disclosure of economic secret, disloyal competition, trespassing of stipulations regarding import or export operations, embezzlement, trespassing of provisions regarding the import of toxic waste and residual matter;

      9. procurement;

      10. games of chance;

      11. offenses regarding drug traffic or/and precursors;

      12. offenses regarding traffic of persons and offenses connected with traffic of persons;

      13. traffic of migrants;

      14. money laundering;

      15. offenses of corruption, offenses assimilated to these, as well as offenses directly connected with offenses of corruption;

      16. smuggling;

      17. fraudulent bankruptcy;

      18. offenses committed through digital or communication systems and networks;

      19. traffic of human tissues and/or organs;

      20. any other offense for which the law stipulates the punishment of prison whose specific minimum is at least 5 years.

      c) offense of transnational character- is any offense, which, as the case presents itself:

      1. is committed on the territory of a state, as well as outside its territory;

      2. is committed on the territory of a state, but its preparation, its planning, its charge or control take place, completely or partly, on the territory of another state;

      3. is committed on the territory of a state, by an organized criminal group that operates criminally in two or more states;

      4. is committed on the territory of a state, but its results are produced on the territory of another state;

      d) informer- the person who has knowledge about an organized criminal group and provides the judicial organs with information or data relevant to the prevention, discovery and sanctioning of the committing of grave offenses by one or more members of this group.