According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 294 Whoever organizes, leads or participates in organized illegal and criminal activities by violence, threats or other means, dominates one party, commits evil deeds, oppresses and harms the masses, and seriously undermines the order of economic and social life, shall file a case.
This crime is a criminal act. As long as you organize, lead or join an underworld organization, you are not required to commit other criminal acts and cause criminal results. In principle, it constitutes a crime and should be investigated.
Underworld organizations should have the following characteristics:
(a) the formation of a relatively stable criminal organization with a large number, clear organizers and leaders, and basically fixed backbone members;
(2) Obtaining economic benefits through illegal and criminal activities or other means in an organized manner, and having certain economic strength to support the activities of the organization;
(3) organizing illegal and criminal activities for many times by violence, threats or other means, doing evil, bullying the weak and hurting the masses;
(four) through the implementation of illegal and criminal activities, or using the cover or connivance of state functionaries to dominate one party, in a certain area or industry, the formation of illegal control or significant influence, seriously undermining the order of economic and social life.
Article 294th Article 1 Whoever organizes or leads an organization of a triad nature shall be sentenced to fixed-term imprisonment of not less than seven years and shall also have his property confiscated; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and may also be fined. The fourth paragraph stipulates that whoever commits the crimes mentioned in the preceding three paragraphs and commits other criminal acts shall be punished in accordance with the provisions of combined punishment for several crimes.
Extended data:
Constitutive elements of the crime of organizing, leading and participating in underworld organizations
First, the object elements
The object of this crime is the social management order. The appearance and existence of underworld organizations pose a great threat to social order and public safety. There are many kinds of organized crimes of underworld nature, such as drug trafficking, arms smuggling, violent homicide, prostitution, official corruption and so on. , making urban and rural areas feel insecure, causing social deterioration and social disorder.
The so-called underworld organization refers to a criminal organization composed of more than three people without a specific majority, which aims at obtaining illegal economic and political interests, takes criminal means as a means, and takes the form of enterprises or gangs.
Underworld organizations refer to organizations that organize illegal and criminal activities by violence, threats or other means, dominate one side, do evil, oppress the masses and seriously undermine the order of economic and social life.
Second, objective factors.
Objectively, this crime is manifested as the behavior that the perpetrator organizes, leads and actively participates in organized illegal and criminal activities by threats of violence or other means, dominates one party, does evil, bullies and harms the masses, and seriously undermines the order of economic and social life.
The so-called underworld organization refers to the behavior that the perpetrator initiates, assembles and organizes people with the same purpose to set up underworld organizations for the purpose of committing crimes.
The so-called leadership of the underworld organization refers to the behavior of people who are in a leading position in the underworld organization to plan, direct and coordinate the activities of the organization.
The so-called participation in underworld organizations refers to voluntary and active participation in underworld organizations. This crime is a behavioral crime, as long as the organization, leadership and active participation in underworld organizations are implemented, it constitutes a crime.
At the same time, this crime is a selective crime, as long as one of the acts of organizing, leading and actively participating is implemented, it constitutes this crime. Those who organize underworld organizations shall be convicted of organizing underworld organizations; Those who lead underworld organizations shall be convicted of the crime of leading underworld organizations; Those who actively participate in underworld organizations shall be convicted of actively participating in underworld organizations.
Baidu Encyclopedia-Crime of organizing, leading and participating in underworld organizations