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参与有组织集团
  • 犯罪

    • • 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

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 organised criminal group

    28. (1) A person must not participate (whether as a member, associate member or prospective member) in an organised criminal group, knowing that it is an organised criminal group:

    (a) knowing that his or her participation contributes to the occurrence of transnational criminal activity; or

    (b) reckless as to whether his or her participation contributes to the occurrence of transnational criminal activity.

    (2) If a person contravenes subsection (1), the person is guilty of an offence punishable on conviction by a term of imprisonment of not more than 20 years or a fine of not more than VT 100 million, or both.

    (3) A group of people is capable of being an organised criminal group for the purposes of this section 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.