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10.25.2010

article 294 - draft amendment

Article 294 (Organizing, leading, taking part in organizations in the nature of criminal syndicates; entering the country to recruit members of criminal syndicates; harbouring or conniving at organizations in the nature of criminal syndicates) Whoever forms, leads or takes an active part in organizations in the nature of criminal syndicate shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also – or shall only – be fined; other participants shall be sentenced to fixed- term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may be also sentenced to a fine.

Members of criminal syndicates abroad who recruit members within the territory of the People's Republic of China shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Any functionary of a State organ who harbors an organization in the nature of criminal syndicate or connives at such organization to conduct illegal or criminal acts, or provides protection to an organization in the nature of a criminal syndicate shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever, in addition to the offenses mentioned in the preceding three paragraphs, commits any other offences shall be punished in accordance with the provisions on combined punishment for several crimes.

Organizations in the nature of criminal syndicates must at the same time possess the following characteristics:

(1) form a rather stable criminal organization with several members, have definite organizers, leaders, and stable backbone elements;

(2) Pursue an economic advantage in an organized way by means of activities that contravene the law or are criminal or through other means, possess a definite economic strength to support the aforementioned organized activities;

(3) Commit several organized illegal or criminal activities through violence, threat or other means, perpetrating outrages, riding roughshod over or cruelly injuring or killing the masses;

(4) Lording it over the people of an area, exerting illegal control or an heavy influence over a definite area or business sector, seriously disrupting the economy and public order through activities that contravene the law or are criminal or by using the protection or connivance of state personnel.

Current version

Article 294 Whoever forms, leads or takes an active part in organizations in the nature of criminal syndicate to commit organized illegal or criminal acts through violence, threat or other means, such as lording it over the people in an area, perpetrating outrages, riding roughshod over or cruelly injuring or killing people, thus seriously disrupting economic order and people's daily activities, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; other participants shall be sentenced to fixed- term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Members of Mafia abroad who recruit members within the territory of the People's Republic of China shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever, in addition to the offenses mentioned in the preceding two paragraphs, commits any other offences shall be punished in accordance with the provisions on combined punishment for several crimes.

Any functionary of a State organ who harbors an organization in the nature of criminal syndicate or connives at such organization to conduct illegal or criminal acts shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

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