Kaderbesluit 2008/841 - Bestrijding van georganiseerde criminaliteit - Hoofdinhoud

SUMMARY OF:

Framework Decision 2008/841/JHA on the fight against organised crime

WHAT IS THE AIM OF THE FRAMEWORK DECISION?

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  It criminalises offences linked to participation in a criminal organisation.
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  It aims to harmonise the laws of the European Union (EU) and the EU Member States on the criminalisation of these offences and lays down penalties for them.

Offences

Member States must recognise at least one of these two types of conduct as an offence:

1.

<strong>active participation </strong>in an organisation’s criminal activities, with the knowledge of its aim or of its intention to commit crimes;

2.

<strong>agreement</strong> to the carrying out of crimes without necessarily taking part in committing them.

Penalties

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  Member States must lay down penalties corresponding to the offences mentioned above:

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    for the first option, the requirement is at least 2 years’ imprisonment for the maximum level of penalty;
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    for the second option, the requirement is at least 2 years’ imprisonment for the maximum level of penalty or a maximum term of imprisonment equivalent to that of the planned activities.

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  Penalties may be reduced in specific circumstances, such as the offender renouncing the criminal activity or cooperating by identifying and bringing to justice other offenders.
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  On the basis of the framework decision, Member States must introduce rules that aim to hold legal persons (such as companies) liable for the offences when they are committed on their behalf by a person with a leading role in the legal person.
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  The penalties for legal persons must be effective, proportionate and dissuasive. They should include fines, but may also include the following:

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    ending the right to public aid;
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    temporarily or permanently prohibiting commercial activities and the premises used for the offences;
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    placing under judicial supervision;
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    judicial winding up or liquidation of a business.

Jurisdiction and coordination of prosecution

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  A Member State’s jurisdiction must extend to the offences when they are committed, in whole or in part, by one of its nationals or on behalf of a legal person that is set up in their territory.
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  If the offence falls within the jurisdiction of several Member States, they must collaborate, for example through the European Union Agency for Criminal Justice Cooperation, to decide on the prosecuting Member State and to centralise the proceedings.
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  Special account must be taken of:

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    where the offence was carried out;
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    the nationality or place of residence of the offender;
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    the country of origin of the victim; and
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    the territory where the offender was found.

Offences affecting the EU’s financial interests

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  Directive (EU) 2017/1371 sets out rules concerning criminal offences and penalties on combatting fraud and other illegal activities detrimental to the EU’s financial interests (see summary).
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  Article 22(1) of Regulation (EU) 2017/1939 establishing the European Public Prosecutor’s Office (EPPO) (see summary) gives the EPPO power in respect of the criminal offences affecting the EU’s financial interests that are set out in Directive (EU) 2017/1371. In accordance with Article 22(2) of the same regulation, the EPPO also has power in respect of offences regarding participation in a criminal organisation, as defined in Framework Decision 2008/841/JHA, if the focus of the criminal activity of such a criminal organisation is to commit crimes affecting the EU’s financial interests.

FROM WHEN DOES THE FRAMEWORK DECISION APPLY?

It has applied since 11 November 2008.

BACKGROUND

Since the 1990s, the EU has taken steps to make the fight against organised crime more effective.

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  1997: the EU adopts its first action plan to combat organised crime.
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  1998: the EU adopts Joint Action 98/733/JHA on participation in a criminal organisation.
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  2000: the United Nations General Assembly adopts the United Nations Convention against Transnational Organized Crime, the first global legal instrument for combating cross-border organised crime, which entered into force in 2003.
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  2002: the EU adopts Framework Decision 2002/475/JHA on combating terrorism (which defines a ‘terrorist group’ on the basis of the definition of ‘criminal organisation’ in Joint Action 1998/733/JHA), later repealed and replaced by Directive (EU) 2017/541, see summary).
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  2004: the European Commission communication recognises a need to improve measures used to combat organised crime; by means of Decision 2004/579/EC, the EU accedes to the UN convention.
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  2008: the EU adopts Framework Decision 2008/841/JHA repealing and replacing Joint Action 98/733/JHA.

MAIN DOCUMENT

Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, pp. 42–45).

RELATED DOCUMENTS

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1–71).

Successive amendments to Regulation (EU) 2017/1939 have been incorporated in the original text. This consolidated version is of documentary value only.

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, pp. 29–41).

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, pp. 6–21).

United Nations Convention against Transnational Organized Crime and the protocols thereto.

Council Decision 2004/579/EC of 29 April 2004 on the conclusion, on behalf of the European Community, of the United Nations Convention Against Transnational Organised Crime (OJ L 261, 6.8.2004, p. 69).

last update 16.03.2022

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