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参与有组织集团
  • 犯罪

    • • 约定实施严重犯罪(共谋)
      • 参加有组织犯罪集团的犯罪活动
      • 参加有组织犯罪集团的其他活动
  • 参与程度

    • • 知悉有组织犯罪集团的目的或活动或其实施有关犯罪的意图
 Part 5
 Section 98A
 Participation in criminal gang

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
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    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.