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Resorting To The Law

Researchers, social workers and community members in general are not the only ones trying to understand and address youth gangs. National entities feel concerned as well and via their government, agencies, laws and decentralized levels try to handle the prevention and treatment of juvenile gangs.

  • Amendments to the Law 2001 – Acte IV of the Hungarian Criminal Code

    2001. évi CXXI. törvény a Büntető Törvénykönyvről szóló 1978. évi IV. törvény módosításáról in Hungarian
    HUNGARY
    http://www.complex.hu/kzldat/t0100121.htm/t0100121.htm
  • Acte IV of the Humgarian Criminal Code 1978

    1978 évi IV. törvény a Büntető Törvénykönyvről in Hungarian
    HUNGARY

    Definition: a criminal organization (bunszervezet) is a well-coordinated group consisting of three or more persons, organized for a longer period of time, whose aim is to commit intentional crimes punishable with imprisonment of 5 years or longer.
    1978. évi IV. törvény 137. § 8.
    2001. évi CXXI. törvény 19. § (5)

    Participating in a criminal organization: (1) the person who calls for, proffers to, volunteers to, or agrees on the joint execution of a crime in/with a criminal organization, or ensures the necessary or facilitating conditions to aid the commission of the crime, or supports the activities of the criminal organizations in any other way; commits a crime and is punishable with imprisonment of 5 years. (2) The person who participates in a criminal organization is not punishable if he/she reports the crime to the authorities, before the authorities would have learnt about it, and sheds light on the circumstances.
    1978. évi IV. törvény 263/C. §
    2001. évi CXXI. törvény 51. §

    Other articles detailing the punishments in the Criminal Code (1978. évi IV. törvény):
    36. § (3) b): article 36 provides extenuating circumstances that reduce/diminish punishment of a person but sets out in paragraph 3, that these do not apply to persons committing crimes in criminal organizations.
    40. § (2): the upper limit of deprivation of liberty is 20 years for crimes committed in criminal organizations.
    42. § (2): measures resulting in deprivation of liberty of 3 years or more should be carried out in prison facilities if the person committed the crime in a criminal organization (among other criteria).
    42. § (2): measures resulting in deprivation of liberty of 2 years or more should be carried out in prison facilities if the person committed the crime in a criminal organization.
    47. § (4) d): possibility of conditional release is denied to those who committed a crime in a criminal organization.
    57. § (3): A person who has been banned from his/her profession indefinitely can request the judiciary to exempt him/her from the disqualification, if 10 years have passed since, and he/she is still qualified. Those who committed their crime in a criminal organization are denied the possibility of exemption.
    61. § (3): the measure of indefinite expulsion can be imposed on a person (of non-Hungarian nationality) who committed a crime in a criminal organization and considering the nature of the offense and the connections of the perpetrator, his/her presence in the country would still pose a considerable threat to public safety.
    72. § (4) b): the possibility of probation time is denied to those who committed their crime in a criminal organization.
    77/A. § (2): article 77/A § (1) sets out that confiscation of some things (e.g. objects used) in connection with a crime can be disregarded and paragraph (2) says that this is not applicable in case of a person who committed their crime in a criminal organization.
    77/B. § (1) b): assets must be seized that were acquired by the perpetrator during the time he/she was involved in the criminal organization.
    91. § (1) b): the execution of imprisonment measures cannot be suspended if the person has committed the crime in a criminal organization.
    98. §: (1) For the person who committed a crime punishable with imprisonment of 5 years or more in a criminal organization, the upper limit of imprisonment for the crime is doubled, but cannot exceed 20 years. (2) has been repealed. (3) Expulsion can be considered as an additional punishment for those committing a crime in criminal organizations. (4) If participation in a criminal organization has been established, then the sanctions set out for crimes committed in a ‘crime alliance’ are not applicable.
     

    http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=97800004.TV#lbj692param
  • United States Code

    Title 18 - CRIMES AND CRIMINAL PROCEDURE. PART I – CRIMES. CHAPTER 26 - CRIMINAL STREET GANG. Sec. 521 - Criminal street gangs
    UNITED STATES

    •    Definition of “gang”: “an ongoing group, club, organization, or association of five or more persons: (A) that has as one of its primary purposes the commission of one or more of the criminal offenses described in subsection (c); (B) the members of which engage, or have engaged within the past five years, in a continuing series of offenses described in subsection (c); and (C) the activities of which affect interstate or foreign commerce.”  
    o    18 U.S.C. § 521(a)

    •    Definition of “gang crime”:
    (1) “A federal felony involving a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 USC § 802)) for which the maximum penalty is not less than five years.
    (2) A federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another.  
    (3) A conspiracy to commit an offense described in paragraph (1) or (2).”
    o    18 USC § 521(c).

    •    Definition of a “gang member” as “a person who:
    (1) Participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c).
    (2) Intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang.
    (3) Has been convicted within the past five years for:
    (A) An offense described in subsection (c).
    (B) A state offense:
    (i) Involving a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 USC § 802)) for which the maximum penalty is not less than five years’ imprisonment.
    (ii) That is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another.
    (C) Any federal or state felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense.
    (D) A conspiracy to commit an offense described in subparagraph (A), (B), or (C).”
    o    18 USC § 521(d).

    http://uscode.house.gov/download/pls/18C26.txt
  • Criminal Justice Act (Amendment) 2009

    Part 2 – Organised Crime, Sections 3 – 17
    IRELAND

    3.—(1) Section 70(1) of the Act of 2006 is amended—
    (a) by substituting the following for the definition of “criminal organisation”:
    “‘criminal organisation’ means a structured group, however organised, that has as its main purpose or activity the commission or facilitation of a serious offence;”,
    and (b) by substituting the following for the definition of “structured group”:
    “ ‘structured group’ means a group of 3 or more persons, which is not randomly formed for the immediate commission of a single offence, and the involvement in which by 2 or more of those persons is with a view to their acting in concert; for the avoidance of doubt, a structured group may exist notwithstanding the absence of all or any of the following:
    (a) formal rules or formal membership, or any formal roles for those involved in the group;
    (b) any hierarchical or leadership structure;
    (c) continuity of involvement by persons in the group.”. […]

    5.—The Act of 2006 is amended by inserting the following section after section 71:
    71A.—(1) In this section—
    (a) ‘directs’, in relation to activities, means—
    (i) controls or supervises the activities, or
    (ii) gives an order, instruction or guidance, or makes a request, with respect to the carrying on of the activities;
    (b) references to activities include references to—
    (i) activities carried on outside the State, and
    (ii) activities that do not constitute an offence or offences.
    (2) A person who directs, at any level of the organisation’s structure, the activities of a criminal organisation is guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.[…]
     

    http://www.irishstatutebook.ie/pdf/2009/en.act.2009.0032.pdf
  • Criminal Justice Act 2006

    Part 7 - Organised Crime, Sections 70 – 79
    IRELAND

    70.— (1) […]
    “ criminal organisation ” means a structured group, however organised, that—
    (a) is composed of 3 or more persons acting in concert,
    (b) is established over a period of time,
    (c) has as its main purpose or main activity the commission or facilitation of one or more serious offences in order to obtain, directly or indirectly, a financial or other material benefit;[…]
    “ serious offence ” means an offence for which a person may be punished by imprisonment for a term of 4 years or more;
    “ structured group ” means a group that—
    (a) is not randomly formed for the immediate commission of a single offence, and
    (b) does not need to have formally defined roles for its members, continuity of its membership or a developed structure.[…]

    72.—(2) […]
    (3) In determining whether a person participates in or contributes to any activity of a criminal organisation, the court may consider, inter alia, whether the person—
    (a) uses a name, word, symbol or other representation that identifies, or is associated with, the organisation, or
    (b) receives any benefit from the organisation.[…]

    http://www.irishstatutebook.ie/pdf/2006/en.act.2006.0026.pdf

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