On The Judicial Determination Mafia

Criminal Code of criminal syndicates in the law will be included in the scope of organized crime, the establishment of organized crimes related to charges of criminal syndicates and handling characteristics made the composition provides for the principle, for the punishment of organized crimes provided legal basis.Is not a typical gangster underworld organization, but to some extent, already has the basic characteristics of organized crime, but does not have the typical, full features of triad societies, and has further developed the triad of dynamic trends.Development of a criminal group as advanced form of underworld organizations have reached a certain degree of social, organizational structure more closely with, the greater the size and organization of the organization of more stringent discipline, in a region or an industry a certain sphere of influence, with violent behavior and diversity, its permeability and strong resistance to the legal community economic strength, significantly larger than ordinary organized crime and the "evil forces" of crime, has to contend with the normal capacity of the local community.Gangland crime is an attempt to value orientation and other countries in the penalty backed coercive power of law and order, create a crime of violence and other means of backing the anti-social order, and anti-social order is inevitably to be controlled by society to achieve, to achieve control of society through anti-social. Conversely, the control society is to better implement the crime. Thus, through the implementation of criminal means to form a certain region or industry illegal control or significant influence is its essential characteristic.Criminal Code provisions "Mafia" definition is too abstract, the lack of uniform standards. Judicial and legislative bodies have promulgated the judicial and legislative interpretation, the establishment of a clear criminal syndicate, must have the organizational structure, economic strength characteristics, behavioral characteristics and the "umbrella" features (the provisions of legislative interpretation in "illegal control" feature.) The main difference between the two lies:that the judicial interpretation of "protection" feature is to identify the essential features syndicate, and legislative interpretation only "protection" features as optional features, rather than an essential of the elements.In addition, legislative interpretation of the Mafia organization structure provides that the formation of stable criminal organizations, the number of large, clear the organizers, leaders, key members of the basic fixed. This is consistent with the provisions of judicial interpretation, but the abolition of legislative interpretation of the "have a more strict organizational discipline," this provision. Clearly, the legislative interpretation of the "Mafia" was a wide range of definition, which highlights the severe punishment of the criminal syndicates policy.Characteristics of the Mafia and its standards of justice finds discrimination, contribute to an accurate understanding and application of the law.