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Image header Agence Europe
Europe Daily Bulletin No. 8870
Contents Publication in full By article 10 / 34
GENERAL NEWS / (eu) eu/justice

European Commission harmonises penalties against criminal organisations

Brussels, 19/01/2005 (Agence Europe) - In a framework decision adopted on Wednesday, the European Commission is proposing that Member States harmonise penalties against criminal organisations. The Commission is suggesting that the offence of belonging to a criminal organisation should carry a prison sentence of between five and ten years. Crimes committed during other criminal activities should be more severely punished than they would otherwise be. It would be possible to impose lighter penalties if those found guilty promise to give up the life of crime or if they collaborate with the justice system. 'Legal persons' for whom offences are committed will also be punished, by temporary or permanent disqualification from the practice of commercial activities or a judicial winding-up order, for example. The European Commission suggests defining a 'criminal organisation' as a 'structured association, established over a period of time, of more than two persons, acting in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty in order to obtain, directly or indirectly, a financial or other material benefit.' Member States are instructed to 'ensure its jurisdiction covers at least the cases in which any of the offences listed' in the framework decision 'was committed in whole or in part in its territory, wherever the criminal organisation is based or pursues its criminal activities.' They should provide protection and assistance to victims. The EU already has a 'common measure' for combatting criminal organisations, that the new framework decision will replace.

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