Acts of establishing and joining a criminal group in the 2015 penal code - Compare with the transnational organized crime convention and some recommendations

Abstract

Currently, the situation of establishment and participation of criminal groups in Vietnam is increasing in number and has complicated happenings, causing serious consequences to social and economic security, especially criminal groups are also linked outside the territory. The United Nations Convention against Transnational Organized Crime provides for the criminalization of acts of establishing and joining organized crime groups in two mandatory or optional directions, depending on economic conditions, international, political and legislative traditions of each country. In Vietnam's criminal law, the 2015 Penal Code provides for the establishment and participation of criminal groups in Article 14, which is one of the acts in the stage of preparation for crimes, as well as the acts join criminal groups in specific crimes in Article 109, Article 113, Article 299. However, the Penal Code 2015 does not have specific provisions on acts of establishing and joining organized crime groups. Therefore, the addition of this provision on the basis of the provisions of the Convention is extremely necessary.