- Article 114 punishes organizing, joining or acting in a group aimed at crimes punishable by 4+ years' imprisonment with the penalty of the intended crime.
- Opening a gambling place (up to 5 years) and running an illegal sports betting site (up to 7 years) qualify, so it can apply to gambling organizations.
- If applied, it is punished separately from the gambling offenses and can greatly increase the sentence.
Applicable laws and penalties
Criminal Act Art. 114Criminal Act Art. 247National Sports Promotion Act Art. 47In detail
Group and gang
A criminal group is a continuing association with a common criminal aim and a minimum chain of command. A 'gang' is looser but still needs role division and structure.
What investigators look for
Roles split among heads, managers, distributors, customer agents and money handlers, codes of conduct or security rules, and continued operation.
What can be disputed
Whether it was just a business relationship, whether you knowingly joined the structure, and your period and role. Lower-level members must show specifically that they did not know the structure.
Frequently asked questions
I worked a few months as a customer agent. Can it apply?
If you knowingly acted as a member of the organization, it can. The law allows the penalty to be reduced, so explaining your level of involvement is important. This charge changes the sentence greatly, so respond with a lawyer from the investigation stage.
Can the criminal group charge be dropped?
If a chain of command or continuity is not proven, the charge can end in acquittal, and each count can be contested separately. Which parts to contest must be judged from the case file.
The same role can lead to different charges and outcomes depending on the facts. For your specific case, speak with a lawyer.