Transnational criminal community
According to paragraph 33 of Article 3 of the Criminal Code of the Republic of Kazakhstan (Criminal Code of the Republic of Kazakhstan), a transnational criminal community is an association of two or more transnational criminal organizations that operate on the territory of several states. This community is a more complex and widespread form of organized crime, whose activities span international borders and affect the interests of several countries.
The main characteristics of a transnational criminal community:
1. Unification of criminal organizations: A transnational criminal community is formed from several transnational criminal organizations that coordinate their activities to achieve common goals.
2. International character: The activities of such associations cover several states, and their criminal activity violates the laws not only of one country, but also of the international community.
3. Aims and objectives: Transnational criminal networks are often involved in illegal arms trafficking, drug trafficking, money laundering, human trafficking and other forms of international crime.
Related articles of the Criminal Code of the Republic of Kazakhstan:
1. Article 262 of the Criminal Code of the Republic of Kazakhstan – Creation, leadership of a criminal group (criminal organization) or participation in it. This article regulates the creation and management of not only national, but also transnational criminal groups.
2. Article 264 of the Criminal Code of the Republic of Kazakhstan – Creation and management of a transnational organized group (criminal organization). This article specifies the responsibility for the creation and management of criminal associations operating in several countries.
3. Article 266 of the Criminal Code of the Republic of Kazakhstan – Financing of the activities of a criminal group, as well as storage, distribution of property, development of financing channels. One of the key areas of transnational criminal associations is the laundering of illegally obtained money through international financial systems.
Legislation:
- UN Convention against Transnational Organized Crime (Palermo Convention) – Kazakhstan is a party to this convention, which is aimed at combating transnational crime. The Convention proposes measures of international cooperation in the investigation, prosecution and punishment of participation in transnational criminal networks.
- Law of the Republic of Kazakhstan dated August 28, 2009 No. 191-IV. "On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism". This law regulates the fight against the financing of transnational criminal organizations and their activities through international financial flows.
Regulatory resolutions of the Supreme Court of the Republic of Kazakhstan:
1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 2. "On Certain Issues of Application by the Courts of the Legislation on Responsibility for Banditry and Other Criminal Offenses Committed in Complicity". The resolution clarifies the qualification of crimes related to organized criminal groups, including transnational communities. It is important to correctly qualify the actions of the participants and leaders of such communities.
2. Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On Judicial Practice in Cases of Embezzlement". This Decree clarifies the legal qualification and features of the investigation of cases related to transnational crime.
Comment:
Transnational criminal association is one of the most dangerous forms of organized crime, since it operates at the international level, combining the efforts of criminal organizations from different countries. Such a community has a significant impact on the global economy and security. The fight against transnational criminal associations requires international cooperation and coordination between law enforcement agencies of different countries.
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