Abstract
On the Definition of Crimes Committed by Chinese Mafia-Style Criminal Gangs
Highlights
Crime committed by mafia-style criminal gangs is a new category of crime that introduced by the revised Criminal Law in 1997 in China
In order to launch a tough crack down on the mafia-style criminal gangs through judicial practice, the Supreme People’s Court promulgated on December the 15th, 2000, the legal document named On the Interpretation of Laws in the Trial of Crimes Committed by Mafia-Style Criminal Gangs Cases (“judicial interpretation” in short as follows), which stated the four characteristics of the crimes committed by mafia-style criminal gangs
In light of ambiguities in the statements of these four characteristics, on April the 28th, 2002, the 9th Standing Committee of the National People’s Congress passed On the Interpretation of Article 294 in the Criminal Law of the People’s Republic of China (“legislative interpretation” in short as follows), which made an even more concrete and strongly performative explanation of the definition of crimes committed by mafia-style criminal gangs
Summary
Organization is the primary legal feature for the mafia-style criminal gangs, which means “forming a relatively stable criminal group with a high density of members, specific organizers and leaders and basically permanent core members”. As Clause Two in Article 26 from the Criminal Law states, “a criminal clique refers to a relatively stable criminal gang formed by over three people to jointly commit a crime.”. It fails to state the meaning of a criminal gang. Coupled with the stipulations of behavioral property, a mafia-style criminal gang must, first of all, aim to break laws and commit crimes repeatedly in a systematic and organized fashion[6].
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