Transnational criminal organization
According to paragraph 34 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK), a transnational criminal organization is a criminal organization that operates on the territory of two or more states or on the territory of one state, but with the participation of citizens or leaders from other countries. The main purpose of such an organization is to commit one or more criminal offenses coordinated from the territory of other States.
The main signs of a transnational criminal organization:
1. International character: The organization's activities are carried out on the territory of several states or are coordinated from different countries.
2. Purpose: The organization pursues the goal of committing one or more criminal offenses, such as human trafficking, drugs, weapons, cybercrime, terrorist financing.
3. Participation of citizens of other states: The members of such an organization may be citizens of different countries, and the activities themselves may be coordinated abroad.
4. Territorial complexity: Criminal acts can be planned and executed on the territory of one State, but the leadership or financing is carried out from the territory of another.
Examples of crimes committed by transnational criminal organizations:
- Drug trafficking through international networks.- Arms trafficking related to illegal arms trafficking in several countries.
- Legalization of proceeds from crime through international financial systems.
- Organization of illegal migration or human trafficking involving several States.
Related articles of the Criminal Code of the Republic of Kazakhstan:
1. Article 262 of the Criminal Code of the Republic of Kazakhstan — Creation and leadership of an organized group, a criminal organization, as well as participation in them. This article covers both national and transnational criminal organizations.
2. Article 264 of the Criminal Code of the Republic of Kazakhstan — Creation and leadership of a transnational organized group, a transnational criminal organization, as well as participation in them. This article provides for responsibility for the creation and management of transnational criminal organizations.
3. Article 266 of the Criminal Code of the Republic of Kazakhstan — Financing the activities of a criminal group, as well as the storage, distribution of property, and development of financing channels. Often, transnational criminal organizations are involved in money laundering through international banking systems.
Legislation:
- The United Nations Convention against Transnational Organized Crime (Palermo Convention). Kazakhstan is a party to this convention aimed at international cooperation in combating transnational organized crime.
- The Law of the Republic of Kazakhstan dated August 28, 2009 No. 191-IV. "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism." It regulates the issues of combating financial crimes that can be committed by transnational organizations.
Regulatory rulings 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 some issues of application by courts of legislation on liability for banditry and other criminal offenses committed in complicity." This resolution clarifies the qualification of crimes committed by organized criminal groups, including transnational ones.
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 resolution also clarifies transnational crime and specifies the specifics of judicial qualification of acts committed with the participation of international criminal organizations.
Comment:
A transnational criminal organization is a more complex and large—scale structure than an ordinary criminal group, since it operates internationally, covering several countries. Such an organization requires special attention from law enforcement agencies and the judicial system, since crimes may concern several jurisdictions. The fight against such organizations requires coordination between countries, information exchange and joint investigations, which is supported by international agreements and legislation.
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