98/733/JHA: Joint action of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on EU, on making it a criminal offence to participate in a criminal organisation in the Member States of the EU - Main contents

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98/733/JHA: Joint action of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union

Official Journal L 351 , 29/12/1998 P. 0001 - 0003

JOINT ACTION of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (1) (98/733/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3(2)(b) thereof,

Having regard to the report of the high-level group on organised crime, approved by the Amsterdam European Council on 16 and 17 June 1997, and in particular Recommendation No 17 of the action plan,

Whereas the Council considers that the seriousness and development of certain forms of organised crime require strengthening of cooperation between the Member States of the European Union, particularly as regards the following offences: drug trafficking, trafficking in human beings, terrorism, trafficking in works of art, money laundering, serious economic crime, extortion and other acts of violence against the life, physical integrity or liberty of a person, or creating a collective danger for persons;

Whereas, in order to respond to the various threats with which Member States are confronted, a common approach to participation in the activities of criminal organisations is necessary;

Whereas Member States will endeavour, when implementing this joint action, to apply or facilitate the measures relating to the protection of witnesses and/or individuals who cooperate with the judicial process in the fight against international organised crime set out in the Council resolutions of 23 November 1995 (2) and 20 December 1996 (3);

Reiterating its confidence in the structure and functioning of the legal systems of the Member States and in their ability to guarantee a fair trial;

Whereas Member States intend to ensure that those who take part in the activities of criminal organisations do not escape investigation and prosecution in connection with the offences covered by this joint action; to that end, Member States will facilitate cooperation with the judicial process in the investigation and prosecution of such offences;

Recalling that the European Union respects the fundamental rights as described in the European Convention for the Protection of Human Rights and Fundamental Freedoms, of which all Member States are parties, and in particular the provisions relating to freedom of expression, peaceful assembly and freedom of association;

Having examined the views of the European Parliament after consultation in accordance with Article K.6 of the Treaty (4),

HAS ADOPTED THIS JOINT ACTION:

Article 1

Within the meaning of this joint action, a criminal organisation shall mean 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, whether such offences are an end in themselves or a means of obtaining material benefits and, where appropriate, of improperly influencing the operation of public authorities.

The offences referred to in the first subparagraph include those mentioned in Article 2 of the Europol Convention and in the Annex thereto and carrying a sentence at least equivalent to that provided for in the first subparagraph.

Article 2

• 1. 

  To assist the fight against criminal organisations, each Member State shall undertake, in accordance with the procedure laid down in Article 6, to ensure that one or both of the types of conduct described below are punishable by effective,...

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