立法数据库

妨害司法
  • 部门

    • • 公职人员
  • 所涉犯罪

    • • 人身暴力/威胁/恐吓
      • 许诺给予/ 提议给予/ 实际给予不正当好处
  • 为了

    • • 妨碍司法或执法官员行使公务
参与有组织集团
  • 犯罪

    • • 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪
      • 约定实施严重犯罪(共谋)

UNTOC 文献

  • 有组织犯罪公约

  • 第5: 条 参加有组织犯罪集团行为的刑事定罪
  • 第23: 条 妨害司法的刑事定罪
  • 第15: 条 管辖权
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    Article 187 (modified): Criminal Organisation

    1.With an imprisonment sentence is punished person that establishes or is enlisted as member in a structured and with continuous action group of three or more persons (organization) that "pursues" the commitment of more than one felonies provided by articles 207 (counterfeiting), 208 (currency counterfeiting), 216 (forgery), 210 (counterfeiting and stamps abuse), 242 (false certification, falsification), 264 (Arson), 265 (Forests Arson), 26 (flood), 270 explosion), 272 (violation of explosive materials), 277( cause of wreck), 279 (poisoning of sources and food), 291 (disturbance of railway, boats and aircrafts security), 299 (intentional homicide), 310 (severe corporal injury), 322 (abduction) "322A and 322B (compulsory disappearance of person)", 323 (slavery), "323A (humans being trafficking), 324 (children abduction), 327 (involuntarily abduction), 336 (rape), 338 (abuse to obscenity), 339 (children seducing), "348A (children pornography), 351 (humans being trafficking), 351A (obscenity with minor age against payment", 374 ( Larceny), 375 (embezzlement), 380 (Robbery), 385 (blackmailing), 386 (Fraud), 386 A (criminality in the internet), 404

    (usury).

    "in the last section of paragraph 5 of article 87 and article 88 of L. 3386/2005 (GG 212A') when these acts are committed (facilitation of illegal entry or exit or illegal transfer of third countries nationals) are committed for speculation".

    For more than one felony provided from the legislation for drugs, arms, explosive materials and protection from materials that emit harmful for the human being radiation.

    "For more than one felony provided and punished from the legislation for the antiquities protection and the cultural heritage in general".

    ".... and the legislation for the environment's protection".

    "and for more than one offences provided and punished from the provision of article 41 g' of L. 2725/1999 as in force".

    "and for more than one offences provided and punished from L. 2725/1999. The capacity of Doctor, trainer or physiotherapist consists aggravating circumstances for the offences of this article".

    "with the same penalty is punished the perpetrator of the acts of the first section if the criminal organization pursues the commitment of more than one punishable acts in connection with the non-payment of tax, dues, duties or other charges for the purchase, sale, delivery, receipt, carriage, transit, trading, possession, warehousing, import or export of merchandise and/or product, imitation, falsification or piracy".

    "2. Person providing substantial information or material means with the purpose to facilitate or assist organization of the preceding paragraph for the commitment from it felonies is punished with an imprisonment sentence up to ten years term".

    "3. Person in charge of the first paragraph organization is punished with an imprisonment sentence up to ten years term".

    "Member of the organization is punished with the same penalty if at the time of the second section of the first paragraph offence commitment if he was a public servant or employee in the meaning of article 263a".

    4. "2. Person who by using threat or violence against judges, jury, interrogation or judicial employees, witnesses, expertise and interpreters or with the same persons bribery cancels the disclosure or prosecution or punishment of the offence of establishment or enlistment in the criminal organization of paragraph 1, is punished with an imprisonment sentence up to ten (10) years term and a pecuniary penalty of Euros one hundred thousand (100.000) up to five hundred thousand (500.000). Person that cancels in the above cases the disclosure or prosecution or punishment not only of the crime of establishment and enlistment in the criminal organization of par. 1 but of any other offence from those provided in the same paragraph, is punished with a imprisonment sentence and pecuniary penalty of Euros one hundred thousand (100.000) up to one million (1.000.000)".

    5.3. Person who is united, other than in the cases of paragraph 1 with another person to commit a felony (gang) is punished with a jailing sentence of six at least months term. With a jailing sentence of three at least months term is punished the perpetrator if the union per the preceding paragraph has been made for the commitment of a misdemeanor punished with a jailing sentence of one at least year term and pursuing financial or other material profit or the attack of life, corporal integrity or sexual freedom.

    6.4. The manufacture, supply or possession of arms, explosive material, chemical or biological materials or materials emitting harmful for the human being radiation aiming to facilitation of the purposes of the organization of paragraph 1 or gang of paragraph 3 or for gaining profit for their members are considered as aggravating circumstances. The non-commitment of any of the offences provided by paragraphs 1 and 3 consist mitigating circumstances.

    "Aggravating circumstance is also considered the commitment of the act of the first paragraph section having material object, crude oil or other petroleum or energy product".

    7.5. The provisions of the present article apply even if the provided by it punishable acts were committed abroad from a national or are turned against a Greek national or a legal person having its seat in Greece or the Greek State regardless the fact that are not punishable acts in accordance with the laws of the country of commitment".

    "8. The provision of article 238 respectively applies to the offences of paragraphs 1 until 4 of this present".

     
     

    交叉问题

    • 管辖权

      • • 主动国籍原则(本国国民在其领域外实施的犯罪)
        • 被动国籍原则(在其领域外对其国民实施的犯罪)
    • 侦查程序

      • 关于….的没收和扣押

        • • 自本《公约》所涵盖的犯罪的犯罪所得
          • 收入或所得产生的其他利益
          • 财产、设备或其他工具
      • 措施

        • • 识别、追查、冻结和(或)扣押犯罪所得和工具/取证目的
          • 没收的犯罪所得和财产的处置
     

    评注

    Please note that this is an unofficial translation.